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LEGAL AND INSTITUTIONAL FRAMEWORK ON COUNTER-TERRORISM IN INDONESIA Suatmiati, Sri; Kastro, Edy
Media Hukum Vol 27, No 1 (2020): June
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

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Abstract

The current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security.
THE EXISTENCE OF REGIONAL REPRESENTATIVE COUNCIL (DPD) AND REGIONAL POLITICAL ASPIRATION IN INDONESIA NG, Marshaal; Suatmiati, Sri; Marlina, Heni
Varia Justicia Vol 14 No 2 (2018): Vol 14 No 2 (2018)
Publisher : Fakultas Hukum Universitas Muhammadiyah Magelang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (143.984 KB) | DOI: 10.31603/variajusticia.v14i2.2117

Abstract

The affirmation of DPD?s existence is not only from the formal legal side, but also from the acceptance of regional aspiration that to be conveyed and fought in the central level. This is because during this time there are many problems in the region which has not been accommodated yet by the Central. DPD and DPR could formulate a mutual agreement. But the agreement must reflect the compromise between all the political power in the MPR. DPD need to have more space to take part. Thus, it is expected to be more active in the struggle for the interests and region's aspirations.  
THE EFFORT OF LAW ENFORCEMENT IN COMBATING CORRUPTION IN SOUTH SUMATERA Sri Suatmiati
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Crime is social phenomena that happen in every time and place, the increasing levels of crime occur due to lack of  facilities and infrastructure to cope with the development or increased crime  or that could hinder the development of crime, at the  same age of the human being as the abundance of  criminal news coverage about the corruption committed by State officials.. The Attorney is the only institution of the Government of the country has a duty and authority in the field of prosecution in law enforcement and justice in the general  judicial environment.  In carrying out its duties, the Public Prosecutor bestows the case to the Court for the examination in order to prove that a person is guilty or not for the criminal offence that indicted. The Public Prosecutor's authority as a law enforcement element in proving the criminal acts that have been committed by the defendant that is should be assign the evidence as a complete proof material  that probably related to the inference where has been a criminal offence. Similarly, what the Prosecutor did against to the law, it cannot be denied that the law itself is not sterile, pure and clean from any kind of interpretation when it implemented. The Prosecutor's role  in these conditions is urgently needed mainly  in law enforcement corruption in Indonesia. Related to the issue of social assistance that occurred in South Sumatra Prosecutor's role is extremely urgent because The State’s loss which dates to achieve Rp. 2,38 Billion,1 That's why the researcher interested to discuss it in a study because of the state and local financial managements that caused state losses so Prosecutor as well as the state prosecutor's investigation should carry out its duties in corruption. The efforts to resolve the corruption based on Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 contains 31 actions to be implemented by the Ministry / Agency and Local Government, in cooperation with the Corruption Eradication Commission (KPK) and the Presidential staff Office (KSP). There for the Politics, Law, Defense Deputy and Bappenas 'Security held a socialization about the substances such this Instruction There are three objectives of this Instruction: (i) to safeguard the government's priority programs; (Ii) to strengthen and focus the yearly action that has been implemented since 2011 to 2015, to ensure relevance and emphasis of action for achieving the outcome; and (iii) to improve the performance of the core business of the K / L which is in line with the President's priorities. The Action contained in the Instruction consists of 31 actions which also includes seven sectors.  In this activity, will be sharpening relevant measure of success of the action undertaken, so that its activities can be more easily and detail during the implementation of monitoring and evaluation quarterly. Anti-Corruption Strategy indicators can be said to be successful if the public service runs transparently and effectively.  With the legal issues about How the implementation of Attorney of the Republic of Indonesia policy in implementing the social grants corruption case investigation in South Sumatra? And What is the obstacles of law enforcement in the investigation by the Prosecutor of the social grants corruption case in South Sumatera? Specifically against the corruption case, the General Attorney has issued Circular Letter about the Control of Handling of Corruption Case (SE-001 / A / JA / 01/2010) which limits the authority between the General Attorney, High Attorney and the State Attorney in handling criminal case corruption based on the amount of state laws. The provision indicates the boundaries of authority between the General Attorney, the High Attorney and the State Attorney in handling corruption cases. It is not in accordance with the provisions of Law No. 16 of 2004 relating to the scope of the prosecutor's authority, where the Attorney General's jurisdiction covers the territory of the Republic of Indonesia, The High Attorney covers include the provinces and the State Attorney covers an area of the district / city. But the handling of corruption cases has not run effectively and efficiently because there are many inactive corruption cases handled by the Prosecutor during this time. Although there is Presidential Instruction No.10 of 2016 on the Prevention and Combating of Corruption Action 2016 and 2017 were published on 22 September 2016 but  it felt that the efforts of law enforcement officers in combating corruption is still not in accordance with the Instruction. Moreover, there are still many people who feel that the Instruction will have no effect on the work of the Ministry / Agency / Commission itself in the prevention and repression of acts of corruption in Indonesia. Generally the obstacles that arise in solving the corruption includes three principal constraints, namely:1. The limited number of human resources at the Investigator, Attorney Investigator and Public Prosecutor.2.\The limited of financial resources / budget of the case handling in the activities of investigation, and prosecution. 3the limited of facilities / infrastructure that supports and promotes activities of investigation, and prosecution.
IMPLEMENTATION OF THE DEVELOPMENT PROGRAM THAT JUST AS THE PRO-POOR GOVERNMENT POLICIES Sri Suatmiati
UNTAG Law Review Vol 1, No 1 (2017): UNTAG Law Review (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (133.337 KB) | DOI: 10.36356/ulrev.v1i1.519

Abstract

In Several states, social security for citizens is place to protect marginalized groups in order to maintain access to public services are rudimentary, such as services to meet the needs from the perspective of political economy known as basic need. Public welfare provision in the state system includes services in the areas of basic education, health and housing are cheap and good quality, if Necessary, free as in Western Europe is a cluster of countries are quite intense in terms of the welfare state principles. Free education and health is a major concern in Western Europe to get subsidies. The Data agency (BPS) said that the Indonesian population in 2010 income Rp.27,0 million a year. There are poor people Whose population is 80 percent of the population only contributes about 20 percent of GDP. There are the wealthy once or people who enter the category earn more than 30,000 dollars a year, but there are Also people with disabilities living income or $ 2 dollars per day (730 dollars a year), the which are still 100 million people. It means there is a huge gap. The words fair, equitable, wellbeing and prosperity was growing dimmer and the faint sound. This condition shows how there is no equity in income Because there is no strong will to realize the vision for the welfare of society. Impossible Anti-poverty program run properly if the governance of the state and society is not yet fully base on the welfare state system. Anti-poverty programs intertwine with the application of individual taxation that is progressive. If taxation without concept, poverty reduction strategy with the government has not gone According to the terms of the welfare state that is pro-poor.
Legal and Institutional Framework on Counter-Terrorism in Indonesia Sri Suatmiati; Edy Kastro
Jurnal Media Hukum Volume 27, Number 1, June 2020
Publisher : Fakultas Hukum Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jmh.20200143

Abstract

The current legal basis for combating terrorism in Indonesia is The Government Regulations in Lieu of Statute (Perpu) No. 1 of 2002 on the Eradication of Terrorism. The fight against terrorism involves various institutions including national police, national army, and civil society. With regard to this, special unit has been established to deal with terrorism by national police and national army as well. This paper aims at elaborating the legal and institutional framework for combating terrorism in Indonesia and the possible way to improve it. This normative legal research employs statutory approach. It is found that basically the existing law has been strong enough. However, the eradication of terrorism would be more effective if Indonesia adopt preventive detention clause as governed under the Internal Security Act (ISA) in Singapore and Malaysia. This clause allows the authority to detain the suspect without legal process when his action is considered as the threat of national security.
The Completion of Terrorism According to the Indonesian Positive Law Sri Suatmiati; Febrina Hertika Rani
Rechtsidee Vol 5 No 1 (2018): December
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/jihr.v5i1.26

Abstract

In positive law, completion of terrorism in Indonesia solved through Penal Policy/Policies of criminal law by issuing and publishing various legal products, a Substitute Regulation of Law (Perpu) No. 1 of 2002 regarding the eradication of criminal acts of terrorism, reinforced into Law Act No. 15 of 2003 the Government is also issuing Substitute Regulation of Law (Perpu) No. 2 of 2002 regarding the enactment of the Substitute Regulation of Law (Perpu) No. 1 in 2002 reinforced into Law Act No.16 of 2003 and Law Act No. 9 of 2013 regarding the prevention and eradication of criminal acts of Terrorism Financing, until forming the anti terror units from both the indonesian army forces, police or non governmental institutions. Police (Densus 88) as the main actor of law enforcement and disruption network of terror along with the Attorney General and justice system.
Proliferation Of Unlicensed Mining In Indonesia When The Minerba Law Was Enacted Sri Suatmiati; Feri Tuispani; Reny Okpirianti
Jurnal sosial dan sains Vol. 2 No. 11 (2022): Jurnal Sosial dan Sains
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (3632.283 KB) | DOI: 10.59188/jurnalsosains.v2i11.527

Abstract

Background: Article 33, Section 3 of the 1945 Constitution of the Republic of Indonesia states, "Land and water and the natural resources therein shall be under state control and shall be used for the maximum prosperity of the people." Therefore, according to Article 33, Section 3 of the 1945 Constitution of the Republic of Indonesia, Indonesia's natural resources are managed by the state to benefit the people, as mentioned earlier. Coal production in Indonesia is increasing every year. Purpose: Therefore, the Indonesian government has decided to change the country's primary energy source from petroleum to coal by 2025. Method: The research style employed in this study is normative legal; however, it is supported by data/information from the Directorate General of Mineral and Coal about numerous issues associated with unlicensed mining in Indonesia. Results: Illegal mining must be eradicated through a concerted effort. Improving mining supervision and monitoring aspects, particularly by increasing the quantity and calibre of mining supervision employees, should be a top priority for the government's current preventative measures (mine inspectors). Furthermore, repressive attempts by law enforcement must be addressed seriously, particularly against law enforcement officers who participate in such operations. In addition, illegal mining must be prosecuted by addressing multiple elements, including legal, law enforcement, infrastructure, community, and cultural factors. Conclusion : In this instance, the House of Representatives of the Republic of Indonesia must urge the government to adopt a fiscal policy that better supports the facilities and equipment of law enforcement officers in the mining industry. This is important to tackle various challenges associated with the monitoring and monitoring requirements of mining activities.
General Election System In Indonesia Based On Law Of The Republic Of Indonesia NO. 7 OF 2017 Siti Sarah; Sri Suatmiati
Jurnal Sosial Teknologi Vol. 2 No. 9 (2022): Jurnal Sosial dan Teknologi
Publisher : CV. Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/jurnalsostech.v2i9.412

Abstract

Each country claims that the system of government administration or the political system they build is a democracy. Indonesia is a country that bases its sovereignty on the people's sovereignty in addition to the basis of the rule of law to organize a democratic government by carrying out general elections using a separate system in legislative elections (DPR, DPD, Provincial DPRD, and Regency/City DPRD). The electoral system in Indonesia is inseparable from the recruitment function in the political system. The problem raised in this research is how is the general election system in Indonesia based on Law Number 7 of 2017 concerning General Elections, and what are the weaknesses of the open proportional system used in public elections in Indonesia? This research belongs to the normative legal research group prioritizes secondary data (library data and legislation). The nature of this research uses a descriptive-analytical method that describes the actual situation. The result of the study is that the general election system in Indonesia uses an Open Proportional System for the election of members of the Legislative Assembly (DPR, Provincial DPRD, and Regency/City DPRD) as stipulated in Article 168 paragraph (2) of Law Number 7 of 2017 concerning General Elections, while in section (3) specifies that the election to elect members of the DPD shall be carried out with a district system with many representatives. The disadvantages of using an open proportional system include that it is difficult for parties to integrate or cooperate by taking advantage of existing equations; this system facilitates party fragmentation; when a conflict arises within the party, it will be easy to break up, which often gives birth to new parties; this system gives the party leader an extreme position; the elected representatives may be separated from their constituents due to not knowing each other; and because of the large number of competing parties, it is difficult for a party to gain the majority in parliament needed to form a strong government.
Pelaksanaan Perlindungan Hukum Kontrak Kerja Tenaga Kesehatan di Lingkungan Dinas Kesehatan Kota Palembang Desrina, Desrina; Emirzon, Joni; Suatmiati, Sri; Mahfuz, Abdul Latif
AL-MANHAJ: Jurnal Hukum dan Pranata Sosial Islam Vol 5 No 2 (2023)
Publisher : Fakultas Syariah INSURI Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37680/almanhaj.v5i2.3446

Abstract

The purpose of this paper explains the increase in honorary or contract personnel to support the performance of civil servants, especially in the context of public services in local governments. Public services are closely related to the community, and contract labor plays an important role in realizing maximum service. The focus of this research is on the implementation of employment contracts and legal protection for health workers at the Palembang City Health Office. This research uses normative research methods with a focus on regulations and written legal materials. Data collection techniques are carried out through documentation, involving data collection through documents related to research problems. The document includes primary, secondary, and tertiary legal materials. Data analysis is carried out in depth and comprehensively with an analytical descriptive approach to answer problems in research. The analysis is carried out by considering the variation of data and the basic nature of the data that is not easily quantified, as well as thorough and holistic. The results showed that the work implementation agreement at the Padang Tuesday Health Center was a form of a certain time work agreement, with valid regulations and conditions based on Article 1320 of the Civil Code. However, the laws and regulations on which the legal basis for the appointment of contract workers do not specifically address the legal rights and protections for contract workers, indicating that there are loopholes that must be addressed.
LAW ENFORCEMENT AGAINST PERPETRATORS OF CRIMES AGAINST STREET CHILDREN COMMITTED BY THEIR BIOLOGICAL PARENTS Fajri, Erfan; Suatmiati, Sri; Hayatuddin, Khalisah
Sriwijaya Crimen and Legal Studies Volume 2 Issue 1 June 2024
Publisher : Faculty of Law Sriwijaya University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28946/scls.v2i1.3690

Abstract

Based on the cases in Palembang City, it can be said that law enforcement against perpetrators of crimes against street children committed by biological parents. The formulation of the problem in this study is 1) How is law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police and 2) What are the factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents in the Palembang City Police? The research method used is a type of empirical juridical research. The sources of data used in this study were primary and secondary data. Based on the results of the study show that law enforcement against the offenders of crimes against street children committed by biological parents in the Palembang City Police Resort, namely by penal measures through imprisonment as in Article 76I Jo Article 88 and Article 76C Jo Article 80 paragraph (1) of Law No. 35 of 2014 concerning amendments to Law no. 23 of 2002, concerning child protection or Article 44 Paragraph (1), Paragraph (4) of the Law of the Republic of Indonesia No. 23 of 2004. Factors that influence law enforcement against perpetrators of crimes against street children committed by biological parents, namely first, the factor of law enforcement officers. Lack of Investigators' Knowledge about Child Protection Law, Second, Community Factors. In cases of crime on the street, children tend to be closed, so it is difficult to socialize with the surrounding environment. Third, cultural factors that do not want to interfere in other people's personal affairs or other people's families or neighbors become a separate problem.