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Omnibus Law Undang-Undang Cipta Kerja dalam Perspektif Sosiologi Hukum Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran; Siswanto, Wahyudi
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.670

Abstract

Omnibus Law is a method of legislation that combines various types of laws into one specific law to resolve statutory problems. One of the products of the Omnibus Law is the birth of the work copyright law which has caused a lot of polemics because it is considered a new legal policy in the formation of law in Indonesia. The purpose of this study is to examine the omnibus law, especially the Job Creation Act from the perspective of the sociology of law. This study uses a descriptive research method with a qualitative approach. Data was collected using a literature study. The results showed that the drafting of the Omnibus Law on the Job Creation Act did not heed sociological principles so it received resistance or rejection from the community component. One of the objectives of the establishment of the Omnibus Law on Job Creation is to support the economy and make it easier for investors to invest. This is very vulnerable to corrupt practices, therefore the government is urged to pay attention to the problem of eradicating corruption and related to human rights.
Hukum Tajam Ke Bawah Tumpul Ke Atas (Perspektif Sosiologis Penegakan Hukum di Indonesia) Irwan, Irwan; Wira Perdana, Fadjrin; Lumban Tungkup, Doharman; Miran, Miran; Suteki, Suteki
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i06.672

Abstract

Weak law enforcement and equitable development as well as other discriminatory treatments still occur in the implementation of minority rights in Indonesia. The purpose of this research is to examine law enforcement "sharp down, blunt up" from a sociological legal perspective. This study uses a descriptive research method with a qualitative approach. Data collection was carried out by studying literature from previous studies, then used to analyze the phenomenon of legal decisions in Indonesia. The phenomenon of law sharp downwards and blunt upwards is the reality of law enforcement caused by legal practices that are oriented towards justice. Efforts to realize material (substantive) justice in law enforcement (criminal) in court, can be provided through a legal pluralism approach and the ability of judges to evaluate laws. Law enforcement must be carried out appropriately and effectively to measure the success of the state. The running Indonesian state of law must also pay attention to aspects of divinity, humanity, deliberation, and justice.
Analisis Implementasi Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Alam, Kodrat; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i07.675

Abstract

The stipulation of the Omnibus Law on the Job Creation Act as a regulation that regulates various sectors aims to improve the investment climate and willingness to establish a business in Indonesia in order to create wider job opportunities so that it can absorb more of the workforce. But in fact, the enactment of the Job Creation Law has actually caused a lot of turmoil and demonstrations in various regions in Indonesia because there are articles that are considered contradictory and can degrade rights and welfare, ignore environmental sustainability and the sustainability of living together. The purpose of this research is to look at the implementation of the Job Creation Act after it is legal as a law. This study uses a juridical-normative qualitative method with a statutory approach, a conceptual approach and a historical approach. The results of this study show that there are at least 7 sectors or clusters that get enough attention because the contents of the articles in them are said to be quite controversial. These clusters include the Investment and Business Activity Ecosystem Improvement cluster, the Employment Cluster Ease, Protection, and Empowerment of Cooperatives, Enterprises, Micro, Small and Medium Enterprises, the Ease of Doing Business cluster, the Research and Innovation Support cluster, the Land Acquisition cluster, and the Government Administration Implementation cluster.
Identifikasi Benturan Kebiasaan Masyarakat Badui Dengan Hukum Positif Indonesia Amanda, Monica; Wira Perdana, Fadjrin; Irwan, Irwan; Lumban Tungkup, Doharman; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i07.677

Abstract

The Badui tribe is one of the indigenous tribes in Indonesia that still survives to this day. Geographically, the Badui tribe is close to the national capital. However, this does not necessarily make the Badui tribe eliminate the customs and laws that apply to the tribe, so it often clashes with positive law in Indonesia. This study aims to identify the clash of Badui habits with positive Indonesian law. The qualitative approach method was used to collect data and analysis. Data were collected by observation and literature study. The results show that the clash between the habits that develop in the Badui community and the provisions of positive law is a factual condition that occurs in society. For this reason, it is essential to carry out legal acculturation so that the Badui Customary Law can run in harmony with positive Indonesian law.
Penerapan Alat Bukti Petunjuk Oleh Hakim Dalam Menjatuhkan Putusan Tindak Pidana Pembunuhan Priyono, Broto; Perdana, Fadjrin Wira; Irwan, Irwan; Tungkup, Doharman Lumban; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 10 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i10.721

Abstract

Every Indonesian citizen has the right to live and continue his life. Unfortunately, criminal acts that violate the right to life of citizens still occur even though this has been regulated firmly in the Criminal Code chapter XIX articles 338-350, such as acts of murder that are still carried out by citizens against other citizens. . If this is allowed, then the name of the rule of law is just a name without any act of justice that can deter and minimize crime. Judges as decision-makers in court certainly have an important role in upholding justice, but judges' decisions must be strengthened by various evidences. Therefore, the researcher wants to find out more about the application of evidence guided by the judge in passing the verdict on the crime of murder. The purpose of this study is to determine the important role of evidence guided by judges in making court decisions against the crime of murder. The research method used is descriptive qualitative with interview, documentation, and observation techniques at Court X in city Y. After the data is obtained, it can be analyzed to find out the results of the study which show that evidence indicates an important role for judges in deciding a criminal case. homicide by 80%. With this, the other 20% is influenced by other factors, both internal and external factors.
Implementasi Barang Bukti Petunjuk Oleh Hakim dalam Menjatuhkan Putusan Tindak Pidana Pembunuhan Sulistiyono, Noor; Perdana, Fadjrin Wira; Irwan, Irwan; Tungkup, Doharman Lumban; Miran, Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 10 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v3i10.722

Abstract

Indonesia is a legal state where all forms of citizen actions have legal consequences. Public law in Indonesia consists of criminal law and civil law. One of the criminal laws is murder. In the process of resolving cases of murder crimes, evidence is required. One of the evidence used is evidence of instructions. The purpose of this study is to examine the use of evidence as one of the judges' considerations in giving a decision. This research uses descriptive qualitative method with juridical-normative approach and literature study. The data used are secondary data taken from various literatures and scientific publications. The results showed that in several cases of murder in several District Courts, judges used evidence as a basis for consideration in giving criminal law decisions. Several District Courts in Indonesia that use evidence as a judge's consideration in making decisions include the Solok District Court, Padangsidimpuan District Court, Semarang District Court, and Simalungun District Court.