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The Role of The Government in The Recognition of Customary Rights to Achieve Economic Development of Customary Law Communities Wulansari, RR. Catharina Dewi; APHA, Journal Manager
Jurnal Hukum Adat Indonesia Vol 1 No 1 (2017): Journal of Indonesian Adat Law (JIAL) APHA
Publisher : Asosiasi Pengajar Hukum Adat (APHA) Indonesia, Fakultas Hukum Universitas Trisakti - Jakarta Barat, Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (440.001 KB) | DOI: 10.46816/jial.v1i1.18

Abstract

Every State wants a condition in which the people have a prominent level of welfare and prosperity, because that condition can reflect how a state has been successful in carrying out its development. The existence of development that can lead to prominent level of welfare and prosperity, certainly, shows the success of a state in achieving the state's goals. But in practice it is often found that the people of a state do not have a prominent level of welfare and prosperity due to the unprotected rights of the people. The lack protection rights of the people are one form of social problems; which of course requires a very fast handling. Therefore, in general, every state tries, so that the protection rights of the people can be fulfilled. Similarly, for the state of Indonesia, the protection of communal customderived land rights (ulayat rights) of indigenous peoples is one of the tasks that must be fulfilled by the government. The effort is not easy; therefore, needs a thorough study to overcome the problem. The method used in this research is a normative juridical method. The results of the study, indicate the role of government in regulating the recognition forms of the rights of indigenous peoples, especially, communal custom-derived land rights of indigenous people. In addition, there are various substances of legislation that must be regulated in order to recognize communal custom-derived land rights of indigenous people such as how to recognize indigenous peoples, their recognition procedures, indigenous peoples' obligations, and dispute resolution mechanisms. Finally, regulation about recognition of indigenous peoples is expected to have an impact on the economic development of indigenous peoples itself.
Persoalan-Persoalan Kontemporer dalam Ilmu Hukum Catharina Dewi Wulansari; Yenny Yorisca
Ajudikasi : Jurnal Ilmu Hukum Vol. 4 No. 1 (2020): Ajudikasi : Jurnal Ilmu Hukum
Publisher : Universitas Serang Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30656/ajudikasi.v4i1.1999

Abstract

Through science, we generate new knowledge and discovery, become inspired as we coax nature to reveal her myriad secrets and expand our understanding of the physical and living world. Since the beginning of human civilization, science and technology have progressed in a continuous process. As we know, Science is essentially an attempt to help human solve the problem. Increasingly interdisciplinary science is driving many changes. Some disciplines are becoming irrevocably intertwined. Progress in one field of science makes possible progress in seemingly disparate fields, and increasingly the most exciting research problems involve multidisciplinary collaborations, require the use of large-scale research facilities, and use advanced information technology. In the 21st century, legal studies offer equal promise for improving human welfare. The advances that we have made and will be making, especially in understanding human behavior and its very deep origins, will be translated into interventions of diverse sorts that will have a much bigger impact in terms of improving human welfare. Keywords : Science, Legal Studies, 21st Century.
Dimensi Baru Peran Pemerintah Dalam Mengatasi Masalah Ketenagakerjaan Melalui Pembangunan Hukum Di Indonesia Catharina Dewi Wulansari
Jurnal Hukum PRO JUSTITIA Vol. 24 No. 3 (2006)
Publisher : Jurnal Hukum PRO JUSTITIA

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (9227.916 KB)

Abstract

Dimensi Baru Peran Pemerintah Dalam Mengatasi Masalah Ketenagakerjaan Melalui Pembangunan Hukum Di Indonesia
The Role and Obstacles of the Indonesian Child Protection Commission in Handling Bullying Andryawan, Andryawan; Catharina Dewi Wulansari
Journal of Law, Politic and Humanities Vol. 4 No. 6 (2024): (JLPH) Journal of Law, Politic and Humanities (September-October 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i6.737

Abstract

The role of children is significant in bringing about changes in the nation's future. Children are expected to become individuals with noble character, and intelligence, and have a positive contribution to social life. However, children often carry out negative actions that deviate from the values and norms of society, one of which is bullying. In Indonesia, there is an institution to deal with bullying through supervision, namely the independent supervisory institution, the Indonesian Child Protection Commission (KPAI). KPAI is the government's answer to dealing with the high increase in cases of criminal acts of bullying, especially against children. This research uses a descriptive normative juridical research method with a statutory approach. Laws and problems are studied thoroughly through literature research, including legal regulations that apply in Indonesia, books, journals, expert perspectives, articles, and related issues in society. The results of this research show that KPAI has an important role as an independent institution in supervising the implementation of child protection. However, there are still many factors that hinder KPAI's movement, such as internal factors from the KPAI institutional arrangements, or external factors, namely the persistence of stigma and fear in reporting cases of violence, or the lack of legal awareness in society regarding the protection of children's rights.
The Controversy of Interfaith Marriages (A Review of The Effectiveness of Supreme Court Circular Letter Number 2 of 2023 Martua Marpaung, Rohendi Sahat; Catharina Dewi Wulansari
International Journal of Educational Research & Social Sciences Vol. 6 No. 1 (2025): February 2025 ( Indonesia - Nigeria - Tanzania - Kenya )
Publisher : CV. Inara in Colaboration with www.stie-sampit.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51601/ijersc.v6i1.931

Abstract

Marriages are often problematic, including for couples of the same religion. The problem becomes increasingly complex for those who enter into interfaith marriages. However, the reality of interfaith marriage is a social reality that cannot be avoided. The social and relational nature of humans and the need to meet other people make the potential for interfaith marriages even higher. Humans will increasingly find differences when relating to others who are diverse both in tradition, culture, thought and religion. Catholic teachings and the Code of Canon Law do not require interfaith marriages because it would bring danger to the faith of Catholics. However, the Catholic religion cannot turn away from the social reality where it is not uncommon to find husbands or wives of different religions. Therefore, the Catholic Religion must still consider pastorally interfaith marriages as regulated in Canon 1125 and 1126. In accordance with the provisions of Article 2 paragraph (1) of Law no. 1 of 1974 concerning Marriage states that a valid marriage is a marriage that takes place according to the laws of each religion. A valid marriage must be registered according to the applicable laws and regulations (Article 2 paragraph (2) of the Marriage Law). According to SEMA No. 2 of 2023 concerning Instructions for Judges in Hearing Cases of Applications for Registration of Marriages Between People of Different Religions and Beliefs in number 2 it is stated that the court does not grant requests for registration of marriages between people of different religions. So, if according to one of the religions in Indonesia an interfaith marriage is legal according to the relevant religious law, the court should not refuse to register the marriage at the Population and Civil Registry Service. This research will be carried out using sociological juridical methods using quantitative reasoning.
Conflict of Laws and Regulations with A Sociology Approach to Law Hernadi, Henry Sugiharto; Wulansari, Catharina Dewi
Jurnal Hukum Indonesia Vol. 4 No. 3 (2025): Jurnal Hukum Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jhi.v4i3.1697

Abstract

Legislation which is essentially a set of rules for the Law, which is basically a collection of rules to present an orderly legal and social order, in fact often creates an orderly legal system and society, but in reality often gives rise to conflicts, both internal conflicts between regulations and external conflicts that result in disputes, both between rules and between the government and society. The study of law from the perspective of legal sociology becomes a reasonable scientific instrument. The study of law from the perspective of sociology is a logical tool to dissect the phenomenon of legal problems that occur, this is because in understanding regulatory issues, it is important to see that the upstream and downstream of a regulation is society. Research showed that regulatory issues often arise conflicts in the practice of forming laws and regulations, because in the process of making laws often ignore the procedural due process of law and the substantive due process of law does not consider the correct legal process and the needs of the content of the law, one of the main points is that the widest possible public participation is needed. Where one of the important aspects is the need for community involvement in the rule-making process. As a result, some of the resulting regulations often cause conflicts. As a result, some of the regulations that are made often cause problems due to the incompatibility between the substance of the regulations and the circumstances and needs of the community due to the incompatibility between the content of the regulations and the reality and needs of the community.
Analisis Dampak Penyalahgunaan Narkoba Pada Anak Usia Sekolah Terhadap Keamanan Nasional Dalam Persepktif Intelijen Nugroho, Aji Rizkika Hasma; Wulansari, Catharina Dewi; Subiakto, Yuli
J-CEKI : Jurnal Cendekia Ilmiah Vol. 4 No. 4: Juni 2025
Publisher : CV. ULIL ALBAB CORP

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56799/jceki.v4i4.7947

Abstract

Penyalahgunaan narkoba dikalangan anak usia sekolah menjadi salah satu ancaman kemanan nasional. Hal ini karena anak usia sekolah merupakan generasi penerus bangsa yang perlu untuk dijaga dan dikembangkan supaya menjadi generasi unggulan. Penelitian ini bertujuan untuk menganalisis dampak penyalahgunaan narkoba pada anak usia sekolah dalam persepktif intelijen terhadap ancaman keamanan nasional. Jenis penelitian ini adalah studi kasus (case study). Informan dalam penelitian ini sebanyak 6 terdiri dari Akademisi Intelejen, Direktorat Intelijen Bidang Pemberantasan BNN, Guru Besar Bidang sosiologi Intelijen dari STIN, Dosen Bidang Keamanan Nasional dari STIN, Pengurus Yayasan Pendidikan, Akademis Intelijen dan Dosen Bidang Hukum dan Ham dari STIN. Hasil analisis didapatkan bahwa pendistribusian penyalahgunaan narkoba pada anak usia sekolah dikendalikan oleh mafia dan disalurkan melalui teman sendiri. Dampak dari penyalahgunaan narkoba dapat mengancam keamanan nasional karena anak usia sekolah merupakan generasi penerus bangsa dan calon pemimpin negara ini. Selain itu, penyalahunaan narkoba sendiri dapat merusak kesehatan mental pada anak usia sekolah. Intelejen memiliki peran dalam melakukan pemantauan, identifikasi, analisis, kerjasama antar kelembagaan kementrian, dan memberikan edukasi. Penyalahgunaan narkoba pada anak usia sekolah dapat berdampak mengancam keamanan nasional, dimana anak sekolah sebagai penerus bangsa.
Perlindungan Hukum Pekerja Swasta di Kota Bandung yang Menanggung Penuh Iuran BPJS Ketenagakerjaan Raden Qaulika Shafa Hermawan; Catharina Dewi Wulansari
Jurnal Pengembangan Ketenagakerjaan Vol. 3 No. 2 (2025): September: Jurnal Pengembangan Ketenagakerjaan
Publisher : POLITEKNIK KETENAGAKERJAAN

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59574/jpk.v3i2.227

Abstract

This study aims to analyze the legal protection for private sector workers in Bandung who bear the full contribution of BPJS Ketenagakerjaan, as well as to identify the workers’ rights that are violated due to the company’s non-compliance in paying contributions. The scope of the study includes private sector workers whose contributions are fully borne by themselves, company practices, and the legal mechanisms available to workers. This research uses a descriptive qualitative approach with a case study, relying on interviews with one worker as primary data and the analysis of legal documents and local and national journal literature as secondary data. The results indicate that workers face various challenges, including limited legal knowledge, restricted access to legal assistance, complicated claim procedures, and fear of losing their jobs, causing many workers to hesitate in claiming their rights. Company practices that fail to pay full contributions violate legal provisions and create socio-economic risks for workers, including the loss of benefits from Old-Age Security, Pension Security, and Work Accident Compensation. The study concludes that there is a need to enhance worker rights education, strengthen government supervision, simplify claim procedures, and provide legal assistance so that legal protection for private sector workers can be effective and fair.
THE IMPACT OF TECHNOLOGICAL DEVELOPMENTS ON EMPLOYMENT LAW REGULATIONS Andreas Kevin Simanjorang; Catharina Dewi Wulansari
International Journal of Social Science, Educational, Economics, Agriculture Research and Technology (IJSET) Vol. 4 No. 12 (2025): NOVEMBER
Publisher : RADJA PUBLIKA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ijset.v4i12.1257

Abstract

The rapid development and advancement of technology in recent decades have had a significant impact on various aspects of life, including the employment sector. Technological changes such as automation, artificial intelligence, robotics, and digitalization have fundamentally altered the work landscape. Consequently, employment law regulations need to be adjusted to address emerging new challenges and protect workers' rights. Technological changes such as automation, artificial intelligence, robotics, and digitalization have fundamentally changed the work landscape. Consequently, employment law regulations need to be adjusted to address emerging new challenges and protect workers' rights. This study aims to examine the impact of technological changes on employment law regulations. Flexible work concepts, such as remote work and temporary work contracts, are becoming increasingly common with the adoption of digital technology. Employment law regulations need to accommodate this flexible work by taking into account technological changes, employment law regulations, the impact of technological changes on employment relationships, and how employment law regulations can be adjusted to remain relevant and protect workers in an era of technological change.
Sociological Analysis of Restorative Justice in Rehabilitative Law Enforcement for Drug Abuse Cases Hermawan, Malsal Jajuli Haerudin; Wulansari, Catharina Dewi
Ius Poenale Vol. 5 No. 1 (2024)
Publisher : Faculty of Law, Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/ip.v5i1.3283

Abstract

The escalating trend in drug abuse, particularly among the youth, necessitates a unified approach from all law enforcement entities to address this shift in paradigm. It is essential to view drug addicts and victims of drug abuse not only as perpetrators but also as victims, warranting the incorporation of rehabilitation as an alternative form of punishment. The severity of narcotics crime in Indonesia poses a profound threat not only to individual health both physical and mental but also to societal well-being and national development, potentially compromising state security and sovereignty. This paper explores the enforcement of narcotics law in Indonesia as dictated by Law Number 35 of 2009 and examines the application of restorative justice, a concept often referred to in criminal law enforcement, which emphasizes recovery and atonement for the perpetrator or their family towards the victim, facilitating out-of-court reconciliatory efforts. By examining the legal sociological perspective, this research advocates for resolving narcotics-related criminal cases through means that prioritize restoration over retribution. It argues for a restorative justice approach, where the focus shifts from imprisonment to alternatives like medical and social rehabilitation, aiming for a resolution that restores harmony and agreement between involved parties, thereby aligning legal outcomes with societal values and needs.