Articles
Legal Analysis of Criminal Child with Mental Retardation (Study of Rantauprapat State Court Decision No. 18/PID.SUS/ANAK/2016/PN-RAP)
Irsyam Risdawati;
Marice Simarmata;
Muhammad Juang Rambe;
T. Riza Zarzani;
Iwan Rohman Harahap
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 1 (2022): Budapest International Research and Critics Institute February
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v5i1.4263
The perpetrators of criminal acts today are not only dominated by adults, but children also have a great potential to commit criminal acts, even children who are abnormal or mentally retarded can commit crimes as known in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Child. /2016/PN-Rap. This research was conducted normatively by discussing doctrines or principles as well as legal synchronization using the approach to legislation. This means that the principles and synchronization of law are used as benchmarks to provide an assessment of the judge's considerations on the sentencing of children with mental retardation in the Rantauprapat District Court Decision Number: 18/Pid.Sus-Anak/2016/PN-Rap. In Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, it is very possible to apply non-penal policies through diversionary restorative justice instruments but this is not done, the judge's policy in providing legal protection to children with mental retardation is carried out through penal policies in the form of criminal imprisonment for 2 (two) years and 7 (seven) months and a fine of Rp. 100,000,000, - (one hundred million rupiah), provided that if the fine is not paid, it will be replaced with work training for 3 (three) months.
A Legal Responsibility of a Notary for Actions Performed by Parties in the Making an Authentic Ded
T. Riza Zarzani;
Onny Medaline;
Dartimnov Dartimnov
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v4i3.2203
The purpose of this study was to determine the position of a notary in making an authentic deed, the form of a notary's responsibility for violations of the UUJN in creating an original act and the effectiveness of sanctions for a notary who violates the UUJN in doing an authentic deed. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analysed is carried out in-depth and holistically. Based on the research results, it is known that the position of a notary in doing an authentic deed is regulated explicitly in Article 15 paragraphs (1), (2), and (3) of Law Number 30 of 2004 Jo. Law Number 2 of 2014 concerning the Position of Notary consists of general, special and future authorities. In its implementation, the form of a notary's liability that violates the UUJN in doing an authentic deed is divided into 2 (two) states, first: a civil notary liability of a notary because a notary violates the provisions of Article 84 of Law No. cancel or nullify by law, secondly: administrative liability of the notary occurs because in doing an authentic deed the notary does not heed Article 84 of Law Number 30 of 2004 concerning the position of a notary, for this violator with the threat of the heaviest penalty the notary can be dismissed from his position.
Criminal Acts of Corruption Procurement of Goods and Services of Local Governments through Electronic Procurement Services (LPSE)
Yasmirah Yasmirah;
Firman Halawa;
Sukur Tandiono;
T. Riza Zarzani
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v4i3.2250
The rapid advancement of technology is seen as one of the right and effective methods to increase the transparency of public information access, by implementing an online system for goods/services procurement or known as Electronic Procurement Services (LPSE). But corruption in the goods/services procurement of the local government continues even though the LPSE has been implemented. The purpose of this research is to knowing legal arrangements, forms of irregularities, and to explain the efforts of Government Internal Supervisory Apparatus (APIP) in preventing corruption in the goods and services procurement of the local government carried out through LPSE The research method used is a qualitative method that is descriptive. The type of juridical research is normative, that is literature study with secondary data types consisting of primary, secondary, tertiary legal materials. The legal arrangements related to the corruption of the public goods/services procurement are regulated in Law No. 31 of 1999 Jo. Law No. 20 of 2001, while the legal arrangements for the public goods/services procurement through LPSE are regulated in Presidential Regulation No. 16 of 2018 Jo. No. 12 of 2021 concerning the Public Procurement Goods/Services. LKPP Regulation as technical guidelines are LKPP Regulation No. 9 of 2018, No. 11 of 2018 Jo. No. 7 of 2020, and No. 14 of 2018. The configuration of irregularities that occur in the public goods/services procurement through LPSE include corruption regulated in Corruption Law, as well as irregularities in the form of administrative irregularities and general crimes, unfair business competition law, and corruption. The efforts of APIP in preventing corruption in the public goods/services procurement is an early warning at every phase of the goods/services procurement and the efforts of LKPP strengthening the Electronic Procurement System (SPSE) by using online-based applications, and law enforcement by firm and fair criminal sanctions to the corruptor in the goods/services procurement in accordance with the applicable corruption law.
Enhance of Legal Protection the Health Outsourcing Workers in Health Law Number 36 of 2009
Yohny Anwar;
T. Riza Zarzani;
Firman Halawa;
T. M. Fauzi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 4, No 3 (2021): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v4i3.2251
This research is to find out and analyze the legal regulation of health services for outsourcing workers, to find out and analyze the legal protection of health for outsourcing workers and to examine and analyze the law regarding sanctions for doctors and hospitals that make mistakes in health services for workers. The writing of this thesis research methodology uses normative juridical research methods using an empirical juridical approach, with qualitative analysis. Qualitative analysis means that research results do not depend on the amount of data based on numbers, but data analyzed is carried out in-depth and holistically. The normative juridical method means that research data is analyzed according to legal norms and court decisions relating to health services for outsourced workers. Legal materials or materials used to analyze are obtained from library materials that include primary, secondary and tertiary legal materials, secondary data used as references in this study, especially those relating to the legal protection of the health of outsourced workers in the health law. Data processing is carried out by editing and making data after the data is sorted and analyzed and then interpreted logically against the applicable provisions. After that, it is presented in the form of sentence descriptions. Based on the results of the study, it is known that health services for outsourcing workers. In-Law no. 13 of 2003 concerning Manpower, which becomes the primary reference in the world of Manpower, does not find the term outsourcing. In practice, a corporate liability that violates the labour law can be legally prosecuted for companies that do not provide health insurance for workers. Hospitals and doctors who check the health conditions of workers must provide good health services for outsourced workers.
A Legal Study of Online Transportation Company Responsibility to Consumer Accident Safety
M. Fahrurozy;
Redyanto Sidi;
T. Riza Zarzani
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v5i2.4669
In the case of consumer rights violations, caution is needed in analyzing who should be responsible and how far the responsibility is imposed on the parties concerned. The responsibilities of business actors have been regulated in Law Number 08 of 1999 concerning consumer protection or UUPK, Articles 19 to 28, which include the principle of responsibility based on error (Liability Based On Fault Principle)and the principle of absolute liability ( Absolute Liability Principle) The formulation of the problem in this thesis is: What are the legal rules for transportation users?on line legislation, What is the role of the transportation line on the use of transportation line, What is the responsibility of the transportation company line to Gojek consumers in the event of an accident. While the research method used is library research (Library Research) in the form of Books, Laws, Government Regulations, and Field Research (Field Research) This research was carried out by conducting research at the Gojek Medan office which is located at Jalan Padang Golf complex CBD Polonia, Block AA No. 49-51 and Block BB No. 50, Medan Polonia, North Sumatra 20219, Obtaining data to support secondary data. Transportation companion line very big responsibility for consumer protection, because consumers play an important role in the use of services provided by transportation companies.
Specific Financial Accounting Standards for Political Parties (The Comparison of PSAK 45 and the Law of Political Parties in Indonesia)
Januri Januri;
Riva Ubar Harahap;
Muhammad Fahmi
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v5i2.5520
This research deals to reveal whether the existing PSAK 45 can be used as a financial accounting standard for political parties and whether a specific financial accounting standard for political parties is needed to replace the existing PSAK 45. This is a qualitative research through literature study with comparative data analysis method, the standards made by IAI; namely PSAK 45 Financial Reporting of Non-Profit Entities is compared to the laws of political parties, especially those related to financial reporting. The results provide that PSAK 45 cannot be used as a standard for financial reporting for political parties. So that a specific financial accounting standard for political parties is needed to replace the existing PSAK 45.
School Strategic Planning Based on Appreciative Inquiry at Private High School in Lamongan City
Ahmad Farafis Hakkari;
Cholichul Hadi;
Muhammad Fahmi
Budapest International Research and Critics Institute (BIRCI-Journal): Humanities and Social Sciences Vol 5, No 2 (2022): Budapest International Research and Critics Institute May
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v5i2.5507
This study aims to develop schools by designing and implementing a strategic planning based on appreciative inquiry at XYZ private high school in Lamongan. In practice, there are four aspects that are emphasized when doing strategic planning, including strengths, opportunities, aspirations, and results. Then, strategic planning activities based on appreciative inquiry led to concrete actions that were supported by all stakeholders. The methodology of this study uses an appreciative inquiry approach that has a cycle such as discovery, dream, design, and destiny with a mini workshop media on 24 employees of XYZ private high school while designing strategic planning. The measurement of the research success is measured by the process of holding a mini workshop, and the outcomes of the intervention provided. The results showed that the subject had a positive evaluation of the mini workshop activities and participated in the event with spirit and enthusiasm. Then, the outcomes of this study indicate that the subject experiences the impact of changes both individually and organizationally as well as the implementation of actions that have been designed. In short, the strategic planning carried out by school members has a positive impact and change in school development.
Progressive Legal Views on the Implementation of the Omnibus Law Method in Indonesia
Nynda Fatmawati Octarina;
Priskila Fransisca Haryono;
Elisabeth Yulia Rana;
Muhammad Fahmi;
Abdullah Abdullah
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 5, No 3 (2022): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v5i3.6114
Indonesia is a constitutional state which was contain in Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and based on the prevailing laws and regulations. The current laws and regulations are considered to have a lot of influence on legal positivism teachings, the law is considered rigid and causes the number of regulations that Indonesia has. The number of regulations is considered quite a cause for concern, and can lead to a decline in the quality of regulations in Indonesia. So, the Government tries a new method, namely the omnibus law method in simplifying regulations in Indonesia. The government's efforts to reduce regulatory obesity through the omnibus law method are considered formal flaws because they are not in accordance with the rules for the formation of laws and regulations stipulated in Law no. 12 of 2011. The progressive legal view of the omnibus law is necessary then to see the real and living substantial aspects of society and the consideration of social perspectives needs to be adjusted and the Government needs to continue to explore the real aspects in society.
Competency of Tax Employee Communication on Tax Paying Behavior in Taxpayer in Medan City
Situmorang, Doris Corazon;
Asmara, Sakhyan;
Zulkarnain, Iskandar
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 4, No 4 (2021): Budapest International Research and Critics Institute November
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v4i4.2783
The purpose of this study was to analyze the effect of tax employee communication competence on tax paying behavior and analyze the magnitude of the correlation between taxpayer characteristics in influencing tax employee communication competence on tax paying behavior among taxpayers Medan city tax. The theory used is the theory of communication competence, theory of competence and theory of behavior. The researcher used a quantitative approach with the correlational method. The population is all individual taxpayers who are active and registered until the end of 2019 in the city of Medan. The research sample was 100 respondents using purposive proportional random sampling technique. Data collection techniques were carried out through questionnaires. The results of the study indicate that there is an influence of communication competence on the behavior of paying taxes among taxpayers in the city of Medan. This is evidenced by the value of t arithmetic > t table which is 9.612 > 1.984 at a significance level of 0.05. Then the characteristics of taxpayers seen from education, age, and occupation do not affect the communication competence of tax employees on tax-paying behavior. This is because the path coefficient value has a very small value <0.05. Meanwhile, the characteristics of taxpayers based on gender also influence the communication competence of tax employees on tax-paying behavior, which shows that women tend to be more obedient than men in terms of tax-paying behavior.
The Influence Apparatus Competence and Use Financial System Applications on Financial Management Transparency
Irawan, Bambang;
Herlambang, Toni;
Sanosra, Abadi;
Nursaid, Nursaid;
Qomariah, Nurul
Budapest International Research and Critics Institute-Journal (BIRCI-Journal) Vol 7, No 3 (2024): Budapest International Research and Critics Institute August
Publisher : Budapest International Research and Critics University
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.33258/birci.v7i3.7930
Transparency is openness regarding the Village APBD which allows the community to know and gain access to the widest possible information about village finances. This research aims to determine the significant positive influence of the competence of village officials, the use of the SISKEUDES application on the transparency of village financial management in Probolinggo Regency. The population of this research is the Village Government in Probolinggo Regency, taking 100 respondents as samples. The data collection method in this research used a questionnaire distributed to all respondents. Data analysis in this study used SEM-PLS with WarpPLS. The research results show: 1) the higher the competence of village officials, the more significant positive influence it has on the transparency of village financial management as indicated by the results of β = 0.29 and p-value = 0.002; 2). The higher the use of the Siskeudes application, the more significant positive influence it has on the transparency of village financial management as indicated by the resulting β value = 0.38 and p-value < 0.001.