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<![CDATA[Implementation of State Administrative Court Decisions: Conception, and Barriers ]]>
<![CDATA[Imron Rizki A]]>;
<![CDATA[Rizki Mustika Suhartono]]>;
<![CDATA[Safrin Salam]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i2.3449
<![CDATA[This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.]]>
<![CDATA[Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia ]]>
<![CDATA[Meydora Cahya Nugrahenti]]>;
<![CDATA[Hindina Maulida]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i2.3454
<![CDATA[The Covid-19 pandemic has changed the implementation of face-to-face learning in schools (offline) to online. These changes make children unable to learn optimally due to various obstacles. This condition also affects the development and psychology of children. Data shows that the number of violence against children since the Covid-19 pandemic has tended to increase. On the other hand, children have the right to get protection and to grow properly in the context of education. The purpose of this study was to determine legal protection for children by analyzing legal provisions in Indonesia in protecting children's rights in online learning systems. The research method used is juridical normative with data sources obtained from primary, secondary, and tertiary sources. The data that has been collected is then presented in a structured and logical manner and analyzed descriptively. The results of the study found that legal protection instruments for children's rights in online learning systems already exist but their implementation has not been optimal. Socialization to prioritize children's growth and development rights in providing children's education rights during the Covid-19 pandemic must be more actively voiced to all Education Offices, heads of education units, educators, students, and parents of students.]]>
<![CDATA[Application of Law Enforcement Due Process System in Law Against Child Crimes ]]>
<![CDATA[Yoslan K. Koni]]>;
<![CDATA[Marten Bunga]]>;
<![CDATA[Dince Aisa Kodai]]>;
<![CDATA[Nurwita Ismail]]>;
<![CDATA[Mega S Tangahu]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i2.3519
<![CDATA[Purpose To know and analyze the application of the due process of law system in law enforcement against child crime, to find out and analyze what are the factors that influence law enforcement on the implementation of the due process of law system. By using this type of research is Normative research. Normactive research is meant as legal research which studies normative law. The normative approach method is used to examine the aspects of the law according to laws and regulations relating to the implementation of the Due Process Of Law system in Criminal law, especially against child crimes. The results of the research show that law was born to humanize humans, so law enforcement or law enforcement must provide benefits or benefits to society. The quality of development and law enforcement is demanded by society at this time not only for formal quality, but also for material / substantial quality. Substantively. the implementation of child protection must be in accordance with relevant professional ethics, to prevent deviant behavior in the exercise of authority, power and strength in the implementation of child protection. The concept of due process is like prioritizing the rule of law, law enforcement officers must recognize, respect, protect and guarantee the rights of suspects. Law and justice is an integrity between normative idealism and human action. If the three of them are no longer combined and become judicial cohesion, then what will generally occur is a lameness whose mode and packaging is destructive and dysmunctional, which then makes it easy for someone and the public to draw conclusions or create estimates, there has been a play and a dramatization project that is still under the guise of carrying out their duties. , what is meant in it is to impose a legal decision.]]>
<![CDATA[Application of Economic Analysis of Law Theory as a Basis for Courts’ Judgements in Corruption Crime Cases: (Analyst’s Decision of 45/Pid.Sus/TPK/2011/PN.BDG) ]]>
<![CDATA[Peter Jeremiah Setiawan]]>;
<![CDATA[Madeleine Celandine Guinevere]]>;
<![CDATA[Fauzy Iskandar Alamsyah]]>;
<![CDATA[Mohammad Irvan]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i2.3564
<![CDATA[Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.]]>
<![CDATA[The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? ]]>
<![CDATA[Fradhana Putra Disantara]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
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DOI: 10.35724/mularev.v3i2.3572
<![CDATA[The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.]]>
<![CDATA[Implementation of State Administrative Court Decisions: Conception, and Barriers ]]>
<![CDATA[Imron Rizki A]]>;
<![CDATA[Rizki Mustika Suhartono]]>;
<![CDATA[Safrin Salam]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i2.3449
<![CDATA[This research aims to analyze how the effectiveness of the implementation of the ruling of the Administrative Court of the State and what are the factors that influence the effectiveness of the Court ruling The country. The research was carried out on the courts of The State of Makassar, data collection techniques are carried out by means of interviews and read scientific books, magazines, newspapers and other readings related to research. Results of the study showed that the effectiveness of the implementation of the ruling of the Court of The Country has not been effective, because so far there are still many Administrative Bodies and Officials of countries that are unwilling to comply with the ruling of the Court of The country, then plus the lack of participation of the parties to the dispute has led to a court could not ascertain whether a State Administrative Court ruling that has a magnitude of law has been implemented or not. As for the factors that influence the Court ruling The Country, among which is the absence of a special eksekutorial institution or institution of sanctions in carrying out the Court ruling The country, The official low awareness Countries in obeying the Court ruling The Country, the absence of more detailed provisions governing sanctions if the verdict is not implemented. Advice from the research is that, should the Government contains provisions governing the institutions eksekutorial institutions or special sanctions ruling of The judiciary of the State, so the State Administrative Court's verdict can be run and judicial administration can emerge again in the eyes of the community.]]>
<![CDATA[Protection of Children in Child Learning During the Covid-19 Pandemic Indonesia ]]>
<![CDATA[Meydora Cahya Nugrahenti]]>;
<![CDATA[Hindina Maulida]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i2.3454
<![CDATA[The Covid-19 pandemic has changed the implementation of face-to-face learning in schools (offline) to online. These changes make children unable to learn optimally due to various obstacles. This condition also affects the development and psychology of children. Data shows that the number of violence against children since the Covid-19 pandemic has tended to increase. On the other hand, children have the right to get protection and to grow properly in the context of education. The purpose of this study was to determine legal protection for children by analyzing legal provisions in Indonesia in protecting children's rights in online learning systems. The research method used is juridical normative with data sources obtained from primary, secondary, and tertiary sources. The data that has been collected is then presented in a structured and logical manner and analyzed descriptively. The results of the study found that legal protection instruments for children's rights in online learning systems already exist but their implementation has not been optimal. Socialization to prioritize children's growth and development rights in providing children's education rights during the Covid-19 pandemic must be more actively voiced to all Education Offices, heads of education units, educators, students, and parents of students.]]>
<![CDATA[Application of Law Enforcement Due Process System in Law Against Child Crimes ]]>
<![CDATA[Yoslan K. Koni]]>;
<![CDATA[Marten Bunga]]>;
<![CDATA[Dince Aisa Kodai]]>;
<![CDATA[Nurwita Ismail]]>;
<![CDATA[Mega S Tangahu]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i2.3519
<![CDATA[Purpose To know and analyze the application of the due process of law system in law enforcement against child crime, to find out and analyze what are the factors that influence law enforcement on the implementation of the due process of law system. By using this type of research is Normative research. Normactive research is meant as legal research which studies normative law. The normative approach method is used to examine the aspects of the law according to laws and regulations relating to the implementation of the Due Process Of Law system in Criminal law, especially against child crimes. The results of the research show that law was born to humanize humans, so law enforcement or law enforcement must provide benefits or benefits to society. The quality of development and law enforcement is demanded by society at this time not only for formal quality, but also for material / substantial quality. Substantively. the implementation of child protection must be in accordance with relevant professional ethics, to prevent deviant behavior in the exercise of authority, power and strength in the implementation of child protection. The concept of due process is like prioritizing the rule of law, law enforcement officers must recognize, respect, protect and guarantee the rights of suspects. Law and justice is an integrity between normative idealism and human action. If the three of them are no longer combined and become judicial cohesion, then what will generally occur is a lameness whose mode and packaging is destructive and dysmunctional, which then makes it easy for someone and the public to draw conclusions or create estimates, there has been a play and a dramatization project that is still under the guise of carrying out their duties. , what is meant in it is to impose a legal decision.]]>
<![CDATA[Application of Economic Analysis of Law Theory as a Basis for Courts’ Judgements in Corruption Crime Cases: (Analyst’s Decision of 45/Pid.Sus/TPK/2011/PN.BDG) ]]>
<![CDATA[Peter Jeremiah Setiawan]]>;
<![CDATA[Madeleine Celandine Guinevere]]>;
<![CDATA[Fauzy Iskandar Alamsyah]]>;
<![CDATA[Mohammad Irvan]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i2.3564
<![CDATA[Mastery theory of law is one of the criteria for a good court. One of the law theories currently being developed is economic analysis of law theory. One of the decisions that the judge considered was using economic analysis of law theory in making a decision is a decision of 45/Pid.Sus/TPK/2011/PN.BDG. Therefore, this article will analyze further into the decision of 45/Pid.Sus/TPK/2011/PN.BDG. This research is legal research that uses statute approach, conceptual approach, and case approach. Based on the research, it showed that the features of economic analysis of law theory are: 1) Focused on the philosophy of justice utilitarianism which is the fundamental concept based on felicific calculus, 2) Using the basis of consideration: a) Economic theory as a foundation for legal analysis, b) Using analysis of cost-benefit to create a law and/or c) Consideration of opportunity cost which law will be formed, and 3) Output which is achieved is wealth maximization. Related to the Decision Number Register 45/Pid.Sus/TPK/2011/PN.BDG. in fact, arguable that judges make the decision based on economic analysis of law theory because related to ratio decedendi has fulfilled 3 (three) characteristic economic analysis of law theory.]]>
<![CDATA[The Joint Ministerial Decree (SKB) of Islamic Defenders Front (FPI): Quo Vadis The Rule of Law and Human Rights? ]]>
<![CDATA[Fradhana Putra Disantara]]>
<![CDATA[ Musamus Law Review Vol 3 No 2 (2021): MuLaRev ]]>
Publisher : <![CDATA[Faculty of Law, Musamus University ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.35724/mularev.v3i2.3572
<![CDATA[The freedom of association is one of the fundamental rights of a country. However, in Indonesia, the problems regarding of the legitimacy and recognition of the right to freedom of association have become stronger after the issuance of a The Joint Ministerial Decree (SKB) regarding the dissolution of the Islamic Defenders Front (FPI). This research is a legal research. This research uses statutory and conceptual approaches by using primary and secondary legal materials. The two legal materials are inventoried in order to obtain a prescriptive legal analysis; as well as providing a holistic conceptual study of the legal issues discussed. The research result states that the dissolution of FPI by the government is an act that violates human rights, particularly the right to freedom of association. The government uses the doctrine of the militant democracy to dissolve FPI. Then, the dissolution of FPI by SKB contradicts by the principle of the rule of law. Therefore, the dissolution of FPI was not carried out through to the court. Therefore, it is necessary to follow up on the action against 'radical mass organizations' in the form of presidential regulations or government regulations as a derivative renewal of the regulations concerning mass organizations.]]>
