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International Journal of Law and Public Policy (IJLAPP)
Published by Lamintang Education & Training Centre
ISSN : 27216934     EISSN : 27216942     DOI : https://doi.org/10.36079/lamintang.ijlapp
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The aim of this journal is to publish high-quality articles dedicated to all aspects of the latest outstanding developments in the field of Law and Public policy.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 61 Documents
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Legal Politics of Legislation of Regional Regulations in Indonesia Asnawi, Eddy
International Journal of Law and Public Policy (IJLAPP) Vol 3 No 2: September 2021
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0302.264

Abstract

Regional regulations are written regulations containing generally binding legal norms established by the Regional People's Representative Council with the joint approval of the Regional Head. The regional legislation program has an important and strategic position in the formation of regional regulations. However, most local regulations actually get rejection from the community until they are revoked by the government. The method used in this research is normative legal research. The process of making local regulations rarely involves the community so that local regulations that are born are often not accepted by the community. The Regional Government and the Regional People's Legislative Assembly should first prepare a regional legislation program to determine the needs of the region and the needs of the community, then make regional regulations that are in accordance with the Regional Medium-Term Development Plan or Regional Strategic Plan. Therefore, there must be political will from the Regional Government and the Regional House of Representatives to establish cooperation with universities in conducting studies on a problem so that it becomes an academic text that is ready to be ratified into a regional regulation.
Legal Protection for Children Victims of Narcotics Abuse in Riau Province Daeng, M. Yusuf; Daeng Yusuf, Muhammad Fadly
International Journal of Law and Public Policy (IJLAPP) Vol 3 No 2: September 2021
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0302.265

Abstract

Narcotics abuse can be categorized as a criminal act as regulated in Law Number 35 of 2009 concerning Narcotics. The method used in this research is socio-legal research. In Law Number 35 of 2009 concerning Narcotics, there is no distinction between the abuse committed by children who are already drug addicts and children who are victims of narcotics abuse and are taking narcotics for the first time, so that these children are combined at the time of the crime. It is hoped that there will be political will from the Government of the Republic of Indonesia to revise Law Number 35 of 2009 concerning Narcotics in order to provide legal protection for children who are victims of narcotics abuse. One of the obstacles faced by the Riau Regional Police in eradicating narcotics abuse by children is the minimal role of parents who are willing to report their children. Therefore, the Riau Regional Police should cooperate with religious leaders from MUI, traditional leaders from LAM Riau, as well as community leaders in order to provide enlightenment to the public about the dangers of narcotics abuse for the future of children.
Law and Social Dynamics of Society Utama, Andrew Shandy
International Journal of Law and Public Policy (IJLAPP) Vol 3 No 2: September 2021
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0302.266

Abstract

This research aims to explain the influence of law on the social dynamics of society. The method used in this research is normative legal research. One of the sciences that studies the social dynamics of society is the Sociology of Law. Every dynamic that occurs as a result of social change requires a legal response. Social dynamics is a general phenomenon that occurs throughout the ages in every society, changes that occur in accordance with the nature and nature of humans who always want to make changes. The occurrence of social dynamics is influenced by several factors, including law, technology, community structure, culture, an open system of social stratification, and advanced education. Community institutions are considered truly valid if their norms fully assist the implementation of social patterns. The system of social layers can occur by itself or is deliberately structured to pursue a common goal. Legal coercion in the implementation of social institutions that apply as regulations is not always used. Instead, the emphasis is on the coercion of society.
Analysis of Protection of Women Workers Abroad in the Perspective of Law Number 18 of 2017 Regarding Protection of Indonesian Migrant Workers Saputera, Yandi
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.268

Abstract

Article 27 paragraph (2) of the 1945 Constitution states that Every citizen has the right to work and a decent living for humanity. However, the reality is that the Government as a protector and responsible for the community has not fulfilled the needs of its citizens, especially for women job seekers abroad, even though it is clearly stated in the 1945 Constitution that the people have the right to get a job and a decent life. The results of the study show that Law Number 18 of 2017 has not fully provided protection, especially for Indonesian women workers abroad.
Analysis of the Juridical Protection of the Most Traditional Health Laws in the Perspective of the Law of the Republic of Indonesia Number 36 of 2009 Concerning Health Razy, Fakhruddin; Ariani , Malisa
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.276

Abstract

Abstract: In accordance with the ideals of the Indonesian people as referred to in Pancasila and the Preamble of the 1945 Constitution of the Republic of Indonesia that health is a human right and one of the elements of welfare that the state must realize. The government as the holder of the highest power has the authority to achieve the highest possible health status for the community by carrying out comprehensive integrated health efforts. The results showed that Law Number 36 Year 2009 concerning Health has not fully provided legal protection for traditional health service business actors, namely traditional health workers and for traditional health service consumers, namely patients / clients. The hope is that the government should does special legislation regulating traditional health services specifically because traditional health services are currently increasingly diverse in treatment techniques and the more trusted by the Indonesian people.
Beyond the Inclusive Possibility: Understanding Human Trafficking in the Unexplored Directions. An Explorative Assessment in the Indian Context Kumar, Surender; Saini, Manish Kumar; Sarmah, Papori
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.324

Abstract

Objectives: To study human trafficking and its typology, and various socio-cultural, political, economical triggers responsible for this sinister social reality, and also analyze gender and age-based victimization’ also simultaneously examine the international and domestic laws to combat human trafficking and its implementable capacities. Subjects and methods: The proposed examination was an exploratory, qualitative sample-based survey study. The body of data analyzed was mustered up from multiple sources, primarily from the students of University level enrolled in various studies, including social workers, community activists through convenient and judgmental sampling spread over 6 months, and the contents were analyzed. Results: Various socio-cultural, political, and economic grounds were observed for human trafficking for its various heinous purposes. Gender-based victimization and age-based victimization in the version of child trafficking were the prominent findings. The loopholes and shortcomings in various laws to shackle human trafficking were discovered. It was also further examined that most of the laws and socio-cultural ambiance are not victim-friendly and do not stop secondary victimization of the trafficked victims. Conclusion: Human trafficking has wide-ranging socio-cultural, economical, environmental, and political triggers in India; which have continued for a huge span of time in many parts and locations of the country. The nature of most of the problems resembles that in many other parts of the world. The present status and higher vulnerability of women and children in the domain of human trafficking for various purposes primarily for sexual exploitation and for cheap labor purposes suggest the need to improve legal, socio-cultural, economic, political, ecological, environmental, and developmental methods along with focused attention to local community involvement and participation.
Liberalism, Law and Social Rights: The Charter of Rights and Freedoms in the Era of Welfare State Restructuring Karimi, Sirvan
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.325

Abstract

Despite expanding the boundary of formal equality, the Charter of Rights and Freedoms is conducive to rationalizing liberalism's conception of the role of the state. Contrary to the hasty expectation of social rights advocates who hoped that they can utilize the Charter to advance social rights in Canada, the Charter has in fact been interpreted by the courts in a manner that justifies the subordination of the social rights to the vicissitudes in the economic sphere, which has historically been ingrained as an overriding tenet of liberalism. In line with a long-held liberal principle that the real threat to individual liberty emanates from the state, not private property relations which are indeed the basis for socio-economic inequalities, the Charter interpretations by the courts have, in fact, reinforced a legal rationalization for the neoliberal-motivated forces of welfare state retrenchment which are reflected in the courts’ refusal from imposing any positive obligation on the state to provide the basic means of subsistence for citizens as a matter of right. Thus, judicial interpretation of the Charter reflects and reinforces the nineteenth-century liberal tenet that the judiciary can restrain but cannot compel the state to take positive actions.
The Use of Piracy Windows among IAIN Palangka Raya Students in Sharia Economic Law Perspective Sadiani; Wahyunita, Laili; Hermawan, Muhammad Bayu Heksa Putra; Alfionita, Lara; Rahimah, Annisa
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 1: March 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0401.327

Abstract

This research was motivated by the widespread use of pirated windows among students of IAIN Palangka Raya that they get from the service of installing computer shops in the City of Palangka Raya. The legal status of using pirated windows is categorized as ‘urf facade. . But there is tolerance among students of IAIN Palangka Raya who are classified as not being able to obtain original windows, that they may use pirated windows for lecture purposes. This is ḥillah because the origin was banned but used for good. Also due to difficulties if you require to use original windows. Finally, the use of pirated windows can be tolerated. This is in line with the masyaqqah's perspective that the aim is to take rukhs’ah.
The Role of Islamic Rural Banks in the Development and Strengthening of Micro, Small and Medium Enterprises in the Agribusiness Sector in Riau Province Fahrial; Tibrani; Desvaeryand, Rega
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 2: September 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0402.334

Abstract

The problem of Micro, Small and Medium Enterprises in the agribusiness sector in Riau Province is business capital. This research aims to analyze the role of Islamic Rural Banks in the development and strengthening of Micro, Small and Medium Enterprises in the agribusiness sector in Riau Province. The method used in this research is empirical research. The results of the research explain that the average Micro, Small and Medium Enterprises in the agribusiness sector in Riau Province have characteristics in the age group of 38 to 43 years with junior high school level education and 1 to 7 years of business experience. There are two Sharia Rural Banks in Riau Province, namely BPRS Berkah Dana Fadhlillah and BPRS Hasanah. Bank service variables and types of financing products have a significant effect on the development and strengthening of Micro, Small and Medium Enterprises in the agribusiness sector in Riau Province. The strategy adopted by BPRS Berkah Dana Fadhlillah and BPRS Hasanah is a faster financing process so that they can compete with conventional banks as well as product innovation and affordable administrative costs.
Mandatory Mediation of Civil Cases in a Highly Urbanized City Soriano, Imelda DP; Maniago Jr, Deonido S; A Mendoza, Kristin Joy
International Journal of Law and Public Policy (IJLAPP) Vol 4 No 2: September 2022
Publisher : Lamintang Education and Training Centre, in collaboration with the International Association of Educators, Scientists, Technologists, and Engineers (IA-ESTE)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36079/lamintang.ijlapp-0402.396

Abstract

This study assessed the mandatory mediation in civil cases in Olongapo City. It utilized the descriptive-survey research method with the questionnaire as the primary data-gathering tool. Sixty-six (66) respondents participated in the study. The study also used an unstandardized questionnaire validated by a panel of experts. To analyze the data, the researchers utilized the following statistical tools: frequency, percentage, weighted mean, and Pearson Chi-Square test. The study confirms that respondents are highly aware of mediation rules, proceedings, and mediators' code of ethical standards. Results also revealed significant relationships between the level of awareness of the respondents of the mandatory mediation of civil cases and age, the level of awareness of the code of ethical standards with the highest educational attainment, and length of service. In addition, the study also found significant relationships between the profile variables and the extent of implementation. Finally, there was a relationship between the level of awareness and the extent of implementation of the mandatory mediation of civil cases in terms of submitted and disposed cases. The study results served as the basis for developing a Proposed Enhancement Program in implementing Mandatory Mediation of Civil Cases in Olongapo City.

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