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STOP TINDAKAN BULLYING MELALUI PENDEKATAN BEHAVIORAL DI PONDOK PESANTREN NURUL ISLAM DESA KARANG CEMPAKA KECAMATAN BLUTO KABUPATEN SUMENEP Evi Dwi Hastri; Yudi Wibowo Sukinto; Muhammad Khalid Ali
Mafaza : Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2022): Mafaza : Jurnal Pengabdian Masyarakat
Publisher : Mafaza : Jurnal Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32665/mafaza.v2i2.1215

The high number of bullying cases is already at an alarming stage. A school that is supposed to be a fun place, turns into a terrible place (school phobia), can even endanger the lives of students to the point of prolonged trauma. Bullying or Bullying does not look at age or distinguish genders, usually the victims of bullying are generally weak, quiet, shy, or special children. The bullying of bullying has a great influence until adulthood and during school period will cause depression in individuals and can also cause unhappy feelings when participating in activities at Pondok Pesantren, because it is haunted by feelings of anxiety and fear. So that this rule is found in Article 170 paragraphs (1) and (2) of the Criminal Code, Articles 351 to 355 of the Criminal Code, Article 80 of Law Number 35 of 2014 Amendments to Law Number 23 of 2002 concerning Child Protection. This problem is very complex so efforts are needed to suppress and overcome the occurrence of bullying or bullying that occurs in Santri at Islamic Boarding Schools through legal literacy and education, namely through a behavioral approach. Then what is produced can be supported by the implementation of the monitoring process from the Islamic Boarding School, in this case teacher educators or ustadz to prevent students from bullying. Then this monitoring is carried out periodically in diagnosing every behavior of students who tend and have the potential to violate the law to commit bullying actions.

Analisis Pelimpahan Wewenang Dokter kepada Perawat dalam Melakukan Tindakan Medis Evi Dwi Hastri; Sugianto Sugianto
Journal Of Health Science (Jurnal Ilmu Kesehatan) Vol 7 No 2 (2022): JOURNAL OF HEALTH SCIENCE (JURNAL ILMU KESEHATAN) (IN PRESS)
Publisher : Fakultas Ilmu Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24929/jik.v7i2.2133

Hubungan antara Dokter sebagai tenaga medis dengan Perawat sebagai tenaga keperawatan diatur dalam : (1) Undang-Undang Nomor 36 Tahun 2014 Tentang Tenaga Kesehatan; (2) Undang – Undang Nomor 38 Tahun 2014 Tentang Keperawatan; (3) Peraturan Menteri Kesehatan Nomor 26 Tahun 2019 Tentang Peraturan Pelaksanaan Undang-Undang Nomor 38 Tahun 2014 Tentang Keperawatan. Hubungan hukum terjadi ketika Dokter melimpahkan tugas dan wewenangnya melakukan tindakan medis kepada Perawat. Pelimgpahan wewenang berdasarkan teori kewenangan dapat dilakukan secara atribusi, delegasi, dan mandat. Karena pelimpahan wewenang tugas Dokter kepada perawat bukan bersifat langsung dari undang-undang, melainkan dari struktur yang lebih tinggi kepada struktur yang lebih rendah maka dapat dilakukan secara delegatif dan/atau mandat. Kemudian muncul permasalahan hukum adanya conflict norm. Penelitian dengan jenis normatif ini menggunakan pendekatan perundang-undangan (satute approach). Dan hasil dari penelitian ini adalah kepastian hukum yang tidak dapat terwujud karena conflict norm tersebut maka diperlukan revisi undang-undang menggunakan asas preferensi hukum yakni Lex Posterior Derogat Legi Priori dengan didukung Teori Kewenangan.

TINJAUAN PENETAPAN PERPU NOMOR 2 TAHUN 2022 TENTANG CIPTA KERJA DALAM PERSPEKTIF SOSIOLOGI HUKUM AA Muhammad Insany Rachman; Evi dwi Hastri; Rusfandi Rusfandi
JURNAL PANAH KEADILAN Vol 2 No 1 (2023): Jurnal Panah Keadilan
Publisher : LPPM Universitas Nias Raya

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This study aims to find out about how the government views and the public's response regarding the government regulation in lieu of law job creation. This research is categorized as normative legal research through a juridical-normative approach, then by examining primary legal materials, namely regulations related to legal issues, then this research is focused on examining how legal sociology plays a role in finding solutions to existing problems. The results showed that the community still had time and effort to respond to the Perpu by actively participating in escorts before it became an Act, namely by demonstrations and requests for material test submissions.

ASAS PENCEMAR MEMBAYAR (POLLUTER PAYS PRINCIPLE) : BENTUK PERTANGGUNGJAWABAN HUKUM PELAKU USAHA YANG MELANGGAR BAKU MUTU AIR LIMBAH Muhammad Khalid Ali; Evi dwi Hastri; AA Muhammad Insany Rachman
JURNAL PANAH KEADILAN Vol 2 No 1 (2023): Jurnal Panah Keadilan
Publisher : LPPM Universitas Nias Raya

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This study aims to analyze how the form of legal responsibility of business actors by applying the polluter pays principle as a problem solving achieves success in resolving environmental disputes that violate wastewater quality standards. This type of research uses normative legal research. The problem approach used is a statute approach with a method of analyzing legal materials that relefan with legal issues in a deductive and descriptive qualitative manner. The novelty of this research shows that the form of legal responsibility of business actors facing environmental disputes that violate wastewater quality standards is not always resolved with criminal sanctions contained in Article 100 of the UUPPLH. However, it can be realized by applying the Polluter Pays Principle which requires business actors other than paying compensation, polluters and/or environmental destroyers are also burdened by judges to take certain legal actions. Therefore, the responsibility of business actors for environmental pollution can be carried out criminal, civil and administrative responsibilities.

STOP TINDAKAN BULLYING MELALUI PENDEKATAN BEHAVIORAL DI PONDOK PESANTREN NURUL ISLAM DESA KARANG CEMPAKA KECAMATAN BLUTO KABUPATEN SUMENEP Evi Dwi Hastri; Yudi Wibowo Sukinto; Muhammad Khalid Ali
Mafaza : Jurnal Pengabdian Masyarakat Vol. 2 No. 2 (2022): Mafaza : Jurnal Pengabdian Masyarakat
Publisher : Mafaza : Jurnal Pengabdian Masyarakat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32665/mafaza.v2i2.1215

The high number of bullying cases is already at an alarming stage. A school that is supposed to be a fun place, turns into a terrible place (school phobia), can even endanger the lives of students to the point of prolonged trauma. Bullying or Bullying does not look at age or distinguish genders, usually the victims of bullying are generally weak, quiet, shy, or special children. The bullying of bullying has a great influence until adulthood and during school period will cause depression in individuals and can also cause unhappy feelings when participating in activities at Pondok Pesantren, because it is haunted by feelings of anxiety and fear. So that this rule is found in Article 170 paragraphs (1) and (2) of the Criminal Code, Articles 351 to 355 of the Criminal Code, Article 80 of Law Number 35 of 2014 Amendments to Law Number 23 of 2002 concerning Child Protection. This problem is very complex so efforts are needed to suppress and overcome the occurrence of bullying or bullying that occurs in Santri at Islamic Boarding Schools through legal literacy and education, namely through a behavioral approach. Then what is produced can be supported by the implementation of the monitoring process from the Islamic Boarding School, in this case teacher educators or ustadz to prevent students from bullying. Then this monitoring is carried out periodically in diagnosing every behavior of students who tend and have the potential to violate the law to commit bullying actions.

Indonesian Foreign Politics: Archipelagic State's Strategy Through Maritime Diplomacy to Realize the World's Maritime Axis Aris Zainul Aziz; Evi Dwi Hastri; Fitri Annisa Putri; Kholili Kholili
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.2

The Indonesian nation is a country that has an archipelagic area larger than the land area. In addition, the archipelago in Indonesia is used as a center for shipping carried out by other countries. Of course, this is very good because it can improve the economy of the Indonesian people. However, this can also become a problem if it is not prevented or addressed because of the many violations that occur in the Indonesian archipelago, such as illegal fishing, piracy, violation of sovereignty boundaries, and many other violations. In overcoming this, of course, there is a need for maritime diplomacy between the Indonesian government and other countries which also aims to achieve their national interests. In addition, President Joko Widodo said during a campaign in 2014 to promote making the Indonesian nation the world's maritime axis. Indonesia has also succeeded in carrying out maritime diplomacy since the Djuanda Declaration in 1957 which resulted in the concept of an archipelagic state and the birth of a new norm.

Transformation of Values in Social Preferences: The Impact of Legal Rules on Changes in Social Norms in Society Inni Hajatika; Evi Dwi Hastri; Abintoro Prakoso
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.5

This study aims to analyze how the rule of law affects the transformation of social values and preferences, as well as its impact on changes in social norms in society. With a juridical-normative approach and socio-legal analysis, this study explores the relationship between written law and social dynamics that lead to the formation of new norms. This study uses a non-doctrinal research method, namely socio-legal. In this research, the approach used is an interdisciplinary approach, especially in the study of legal anthropology, which in essence is the legal behavior of the community, the legal culture of the community, and the public's perspective on the law and its derivative products. Then a conclusin drawing or verification is carried out. The results of the study show that the rule of law not only reflects the values that exist in society but also plays an active role in shaping and changing social preferences. Legal rules that are applied effectively can influence individual and collective behavior, resulting in new social norms that are more in line with the goals of the law. However, this adaptation of social norms is also influenced by other factors such as culture, education, and economic conditions. This study concludes that the transformation of values in social preferences is a dynamic process that involves a complex interaction between legal rules and social conditions of society. Legal rules that are responsive to social change can serve as an effective tool to encourage positive change in social norms, while mismatches between laws and social preferences can lead to resistance and non-compliance.

Community Perspective and Implications for Law Enforcement in Indonesia: A Sociological Study of Law Nanda Rey Cakrawala; Evi Dwi Hastri; Merlin Cahyaningtias; M. Raofiqin Drajat
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.7

This article examines the public's perspective on law enforcement in Indonesia and its implications for the effectiveness of the legal system. With a sociological approach to law, this study aims to identify how public views regarding weaknesses in law enforcement affect trust and compliance with the law. Using sociolegal legal research, which is a type of approach in legal research that integrates the analysis of laws and regulations and legal doctrine with the study of social phenomena that interact with and are influenced by law. The results show that there is significant dissatisfaction among the community related to the implementation of the law, which is often considered inconsistent and unfair. Public perceptions of corruption, slow legal processes, and law enforcement's inability to handle cases effectively contribute to a decline in trust in the legal system. Implications of these findings include the urgent need for more transparent and accountable legal reforms, as well as increasing the capacity of law enforcement agencies to meet public expectations. This study concludes that improving law enforcement requires an approach that involves active participation from the community as well as increasing integrity and professionalism in legal institutions. Key recommendations include strengthening social control mechanisms, increasing training for law enforcement, and implementing a transparency system to improve the relationship between law and society.

Legal Anthropology and the Carok Tradition in Madura: A Study of Local Wisdom in Conflict Resolution Moh. Rafi Maulana; Evi Dwi Hastri; Muhammad Khalid Ali
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.8

The carok tradition is still a debate among Madura scientists and culturers. The Carok tradition in Madura is a complex social phenomenon and is full of cultural values and local wisdom in conflict resolution. This article is not intended to discuss or assess carok from a moral point of view. On the contrary, this article only analyzes in the study of Legal Anthropology the phenomenon of carok from the perspective of the authorities in resolving an internal conflict and legal norms in society that are viewed as a form of violence and contrary to other general norms in society. The type of research used is sociolegal legal research. The approach used is an interdisciplinary approach, which combines methodologies and perspectives from social sciences, namely legal anthropology with legal analysis, such as the Madura carok tradition. The results of the study show that Carok is not only an act of violence, but also a symbol of honor and a recognized mechanism for the enforcement of customary law in the Madura community. The conflicts that lead to Carok are often triggered by violations of the norms of honor and self-respect, which are then resolved through physical duels as a form of social compensation. Although Carok is contrary to Indonesia's positive law that prohibits violence, the people of Madurese still view it as a legitimate and respectable way to resolve disputes. Thus, the legal anthropology approach is present as part of the interdisciplinary law to mediate the local wisdom owned by the Madurese people by understanding the social and cultural context behind the Carok practice, a more inclusive and sensitive policy can be developed.

Sustainable Development-Based Environmental Dispute Resolution Through Alternative Dispute Resolution in Indonesia Sherly Widia Putri; Evi Dwi Hastri
Res Judicata Law Review Vol. 1 No. 1 (2024): April-September : Res Judicata Law Review
Publisher : Wiraraja University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71370/rjlr.v1i1.9

Environmental problems are part and responsibility of all human beings who feel they want to live on this earth. Over time, the dynamics of community activities such as exploration, construction and exploitation activities in all fields, including industrial development, algiculture business (agriculture, plantations and fisheries), property and so on are growing very rapidly. The occurrence of disputes or conflicts that can be resolved one of them by means of out-of-court settlement using ADR (Alternative Dispute Resolution) or alternative dispute resolution (APS) or by means of Negotiation, Conciliation, Mediation, and Arbitration. The research method used is Normative Juridical research where the legal research method is carried out by examining library materials or secondary materials only. The purpose of this writing is expected to provide a view of how case studies occur in resolving environmental disputes through alternative channels or out of court. The results of this study indicate that environmental disputes can be resolved through non-litigation efforts where the Government must be consistent with sustainable development programs to prevent environmental disputes, where in the process and achievement of development there must be a balance between economic, social and ecosystem preservation and protection.

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