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Implikasi Praktik Autocratic Legalism terhadap Demokrasi, Keabsahan, dan Keadilan pada UU No. 17 Tahun 2023 Tentang Kesehatan Amira Atsil Abigael Wegni; Novi Wulan Suci; Tabina Belinda Putri; Astri Maharani; Ayesta Intania; Citra Hayu Khatintri
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 3 (2024): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i3.3417

Abstract

This research discusses the implications of Autocratic Legalism Practices for Democracy, Legality and Justice in Law no. 17 of 2023 concerning Health. This research aims to analyze whether the practice of autocratic legalism in Indonesia will have a direct impact on weakening the democratic system adopted by Indonesia. Autocratic legalism describes a person who has power at the legislative, executive and judicial levels by using hidden methods and hiding behind the law to take advantage of people's sovereignty and abandon the principles of constitutionalism, so the problem formulation of this analysis is how the practice of autocratic legalism has an impact on weakening democracy. and how the characteristics of autocratic legalism can impact the validity and fairness of legislative regulations. The benefit of the results of this analysis of autocratic legalism is to find out to what extent the practice of autocratic legalism in Indonesia threatens the principles of constitutionalism and has the potential to develop and spread widely in society and of course will have a negative impact on the democratic system and the validity and fairness of laws and regulations. This legal research uses normative juridical methods, namely based on the main legal materials in the form of theories, concepts, principles and statutory regulations related to the writing of this journal.
Perlindungan Hukum Kepada Pemegang Merek Terhadap Adanya Barang Tiruan Astri Maharani; Ayesta Intania; Cahyo Danang Prayugo; Real Figo Pratama; Sartika Puspa Sekar Arum
Mandub : Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 2 No. 3 (2024): September : Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : STAI YPIQ BAUBAU, SULAWESI TENGGARA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59059/mandub.v2i3.1345

Abstract

Brand building has an important role in the world of trade. Protection of registered goods brand rights holders from unlawful acts committed against registered goods marks as unfair competition efforts such as imitation, counterfeiting or use of marks without rights to certain brands. This is of course detrimental to brand holders and consumers. The results of the research show that forms of protection for brand holders can be through preventive and repressive efforts. The aim of this research is to determine the legal protection for brand rights holders for the sale of counterfeit goods and to determine the efforts of brand holders to overcome the large number of counterfeit goods. The research method used is normative juridical with a qualitative approach, namely by collecting various kinds of data.
Perlindungan Hukum Terhadap Asisten Rumah Tangga (ART) yang Mengalami Kekerasan Ditinjau dari Hukum Ketenagakerjaan Astri Maharani; Sartika Puspa Sekar Arum; Yusuf Taufiqurahman
Aktivisme: Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia Vol. 1 No. 3 (2024): Juli : Aktivisme : Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aktivisme.v1i3.365

Abstract

The existence of household assistants (ART) is often ignored in labor laws in many countries, including Indonesia. This results in unfair treatment and minimal access for household members to legal protection, which increases the risk of violence against them. This violence includes verbal, physical and sexual harassment, but is difficult for household members to report due to limited legal knowledge and fear of retaliation. Social stigma and lack of support also exacerbate the situation, leaving many cases of violence unreported and perpetrators unaccounted for. This research aims to increase awareness of the importance of legal protection for household members, evaluate the implementation of labor laws, and encourage regulatory changes to expand protection. The research method uses a qualitative and descriptive approach through literature study. The research results show that legal protection for household members in Indonesia is still weak and ineffective, especially because household members are not explicitly regulated in labor law. Key barriers include a lack of rights awareness, training of law enforcement officers, and a culture of amicable resolution of violence. Better legal protection for household members needs to be implemented immediately through the ratification of the Domestic Workers Protection Bill, educational campaigns and training for law enforcement officers. Strong family, community and political support is also needed to create a safer and fairer environment for ART.