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FUNGSI ASAS INDEPENDENT JUDICIARY DALAM MEWUJUDKAN KEBERHASILAN KEADILAN RESTORATIF SUATU PERSPEKTIF TEORI KEADILAN BERMARTABAT Sinaga, Dahlan; -, Mulyadi
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.5436

Abstract

The main issue of this paper revolves around the conventional Criminal Law (Procedure), which has been felt to be less able to fulfill the needs of justice than justifiable. Therefore, this research aims to find alternative rules/institutions, in addition to the rules/institutions of conventional criminal law, to fulfill human and community needs for justice. The rule/institution in question has recently become famous worldwide and exists as an heirloom of the Indonesian legal system in the phrase restorative justice. The legal issue of this research is that, according to some people, the rules or institutions referred to as restorative justice need a more robust legal basis. By using the theory of Dignified Justice as a theoretical or philosophical framework, this research shows that there is a possibility that a solid legal basis can be referred to, for the time being, in justifying the existence of restorative justice. In addition, the principle of an independent judiciary "married" as part of the rule of law can function to realize the successful use of restorative justice in bringing humanizing justice. The research method used in searching and finding a "way out" for the above problems is a pure legal research method from the perspective of Dignified Justice theory. It was found that restorative justice is the Indonesian nation's legal heritage, which can be derived from Pancasila, which is the highest source of law in the Indonesian legal state.
Exploring Termination of Employment Based on Serious Criminal Offences Sinaga, Dahlan; Nasution, Resy Desifa; Prasetyo, Teguh; Kameo, Jeferson
Journal of Judicial Review Vol. 26 No. 1 (2024): June 2024
Publisher : Universitas Internasional Batam

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37253/jjr.v26i1.9227

Abstract

There has not arisen any case laws post-Decision of the Constitutional Court No. 012/PUU-I/2003 and enactment of Article 52 paragraph (2) of Government Regulation No. 35 of 2021 to show how the Constitutional Court decision is being interpreted and applied by judges. The authors propose a future model for judges who will be adjudicating disputes in the Industrial Relations Court, that they may set aside rules which conflict with principles of law. The decision of the Constitutional Court stated that a reason for termination of employment due to serious violations pertaining to criminal acts perpetrated by workers as detailed in Article 158 of the Employment Law contradicting the 1945 Constitution having no binding force. Using normative legal research the authors argue that judges, based on several principles of law with independence of judiciary principle on their top, may disregard controversial regulation as the basis to justify the employment termination. It is argued as such, although the rule is still in full force as implementing law of a new Law on Job Creation. The new Law seemingly re-legalizes the right of employers to terminate employment due to acts of violation committed by workers as regulated in employment agreements, company regulations, or collective labor agreements. Based on the theory of Dignified Justice judges if any future disputes on termination of employment due to the controversial rule occurred may decide in favor of the employee based on important principles of law rather than the controversial rule. This will clarify the uncertainty of understanding among some circles that the Constitutional Court Decision could simply be annulled by Article 52 of Regulation No. 35 of 2021.
Relationship between clean water quality and sanitation with health problems in Rambung Baru Village, Sibolangit Sub-district Sinaga, Dahlan; Siregar, Santy Deasy
Buletin Kedokteran & Kesehatan Prima Vol. 4 No. 2 (2025): September
Publisher : Fakultas Kedokteran, Kedokteran Gigi, dan Ilmu Kesehatan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/bkkp.v4i2.7557

Abstract

The global challenge of inadequate access to clean water and sanitation continues to impose a substantial burden on public health, especially in developing regions. This study investigates the relationship between water quality, sanitation conditions, and health disorders among residents of Rambung Baru Village, Sibolangit Subdistrict, Indonesia. Employing a cross-sectional analytical design, data were collected from 130 households utilizing spring water as their primary source. Water quality was evaluated through physical, chemical, and microbiological analyses, while sanitation hygiene and health disorder data were gathered via questionnaires and health center records. The results indicate that over half of the respondents consumed water failing to meet quality standards, and nearly half experienced inadequate sanitation hygiene around water sources. A statistically significant association was found between poor water quality and the incidence of health disorders (p = 0.007), with affected individuals showing higher prevalence of diarrhea, acute respiratory infections, and skin diseases. Conversely, no significant relationship emerged between sanitation hygiene and health disorders (p = 0.289), although trends suggest a potential influence. These findings underscore the critical role of water quality in disease transmission and point to the need for prioritized interventions targeting water source protection and household water treatment. Given the complex interactions among water quality, sanitation, and hygiene behaviors, integrated approaches combining infrastructure improvements with community education on hygiene practices are essential. Further longitudinal research incorporating confounding factors is recommended to deepen understanding and guide effective public health strategies in similar rural contexts.
FUNGSI ASAS INDEPENDENT JUDICIARY DALAM MEWUJUDKAN KEBERHASILAN KEADILAN RESTORATIF SUATU PERSPEKTIF TEORI KEADILAN BERMARTABAT Sinaga, Dahlan; -, Mulyadi
Ilmu Hukum Prima (IHP) Vol. 7 No. 1 (2024): JURNAL ILMU HUKUM PRIMA
Publisher : jurnal.unprimdn.ac.id

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.34012/jihp.v7i1.5436

Abstract

The main issue of this paper revolves around the conventional Criminal Law (Procedure), which has been felt to be less able to fulfill the needs of justice than justifiable. Therefore, this research aims to find alternative rules/institutions, in addition to the rules/institutions of conventional criminal law, to fulfill human and community needs for justice. The rule/institution in question has recently become famous worldwide and exists as an heirloom of the Indonesian legal system in the phrase restorative justice. The legal issue of this research is that, according to some people, the rules or institutions referred to as restorative justice need a more robust legal basis. By using the theory of Dignified Justice as a theoretical or philosophical framework, this research shows that there is a possibility that a solid legal basis can be referred to, for the time being, in justifying the existence of restorative justice. In addition, the principle of an independent judiciary "married" as part of the rule of law can function to realize the successful use of restorative justice in bringing humanizing justice. The research method used in searching and finding a "way out" for the above problems is a pure legal research method from the perspective of Dignified Justice theory. It was found that restorative justice is the Indonesian nation's legal heritage, which can be derived from Pancasila, which is the highest source of law in the Indonesian legal state.