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AGUS PURWANTO
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INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Published by Winrow Veritas Law Firm
ISSN : -     EISSN : 27742245     DOI : https://doi.org/10.8888/ijospl
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice
he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social Sciences, Policy and Law. INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) provides a forum for sharing timely and up-to-date publication of scientific research and review articles. The journal publishes original research papers at the forefront of law and social sciences. The topics included and emphasized in this journal are, but not limited to, law, political science, economics, environment, history, communication, sociology and safety. The topics related to this journal include but are not limited to: International law Contract law Civil law Political law Sociology Business studies Industrial relations Criminology Safety Constitutional and administrative law Tort law Common law and equity Legal history Social philosophy Behavioral science Management Environmental social science Criminal law Property law Religious law Political science Social psychology Communication studies Economics Education
Arjuna Subject : Bisnis, Menejemen, dan Akutansi (semua kategori) - Perilaku Organisasi dan Menejemen Sumber Daya Manusia
Articles 171 Documents
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Resolution of Compensation for Crime Victims as the Responsibility of the State through the LPSK Institution Examined from the Perspective of Legal Certainty Rosalina Indah Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.135

Abstract

The state, through LPSK (the Witness and Victim Protection Agency), serves as the forefront in resolving compensation issues for crime victims, as a form of responsibility and guarantee from the state to its citizens, as well as protection for crime victims. LPSK, an abbreviation for the Witness and Victim Protection Agency, is an institution tasked with providing protection and rights to witnesses and/or victims, in accordance with Law Number 13 of 2006 concerning Witness and Victim Protection. The guarantee provided by the state through LPSK is the right to equal legal certainty. This has been emphasized in Article 28D, paragraph (1) of the 1945 Constitution, which states that "Every person has the right to recognition, guarantees, protection, and fair legal certainty as well as equal treatment before the law." The resolution of compensation is regulated in Law No. 13 of 2006 jo. Law No. 31 of 2014, PERMA (Chief Justice Regulation) No. 1 of 2022, Government Regulation (PP) No. 8 of 2014, and PP No. 7 of 2018. These regulations are intended as state guarantees in protecting the rights of crime victims. Unfortunately, these regulations only cover compensation in specific cases. Additionally, the form of non-monetary compensation promised by the state through legislation is unclear in terms of the monetary value. This becomes challenging to implement due to the lack of clarity regarding the form and scope of compensation provision. The obstacles in resolving this compensation issue need to be overcome so that crime victims can obtain certainty in their compensation rights. Revision or creation of regulations related to the implementation of non-monetary compensation should be considered as the state's responsibility in compensating victims. This is based on research findings using a descriptive-analytical method in normative legal research. Based on the research results, there is a gap in the regulations described by the author regarding the explanation of non-monetary compensation in compensation payments. This causes the process to become complicated and seemingly does not provide certainty to the victims. Moreover, there is no clarity regarding the amount of compensation, although the calculation of losses has been thoroughly regulated in paragraph (1), including injured victims, deceased victims, loss of income, and/or property damage. The determination of compensation amounts is done by LPSK after obtaining approval from the minister responsible for finance. Ideally, the state through LPSK should have a standard value as a benchmark to ensure victims receive guaranteed compensation. As the compensation offered by the law is not always in the form of money, this raises concerns for victims in obtaining their compensation rights. Compensation itself is the obligation of the state through LPSK in protecting the rights of victims. Based on assessments from various journals, the author assumes that the government needs to demonstrate consistency in the payment of compensation regardless of case classification. This is intended as a form of protection for all citizens and to provide assurance of the protection of the rights of crime victims outside the classification of relevant laws on who is entitled to receive compensation. Revision or creation of regulations related to the implementation of non-monetary compensation, if not in the form of money, is necessary as the state's responsibility in compensating crime victims.
KIYAI AND JAWARA TOWARD GENDER PHILOSOPHY IN SERANG DISTRICT, PANDEGLANG, LEBAK DAN CILEGON CITY Faridatul Fauziah; Muchammad Fauzan Muchlis; Giantoro Pamungkas
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.136

Abstract

Banten is known as religious province. Islam has been became the Banten culture identity. Banten is known as the province that is very faith to Islam, so that the Kiyai is placed as most important person in society. The roles and position of Kiyai wich is strategic, it makes Kiyai don’t only live in boarding that they lead, but also they live in a large society. Although the society are known opened, but the structure of society in social life is very patriarchy. The social life is still traditional. It same with the other society, the society is still paternalistic and patriarchy. So that, to know the level of society aware toward the gender comprehension, this research is done. The approach which is used by using the kinds of knowledges, such as ethnography, history and theologic. While the collecting and analyze technique of data use the techniques Observation and implicated observation, Interview, Questionnaires. In accordance with the objectives of this study, to explore the position and status in the community Kiyai and champion Bante, and their views on gender equality, this study will use qualitative approach. The conclusion, of this result, The role of Kiyai is as religion elite social in Banten community (kokolot), a religion teacher. Beside that, he is a heir of religion tradition. Because of that, Kiyai gives the intend toward the social life. While the social role of Jawara is more disposed toward process of physic and supranatural powers. The tradition role of Jawara is to be a Jaro or village chief, the supranatural teacher and security unit. The role is be ever when the society in confusion and disturbance in long time. Whereas the gender sensitivitas in religion concept about the household tasks sharing is still far from the equal gender. The philosophy of Kiyai about the ne essity of women roles in social activity limit is still not satisfied, so that the women in Banten to express theirselves. It has correlation towards household tasks divided positively with women activities to join social activities. So that the women meet obstacle culturally to express theirselves, because the both of figures (KIyai and Jawara) who have influence toward Banten community which have aware about the equal of gender.
THE ROLE OF THE CONSTITUTIONAL COURT IN RESOLVING ELECTION DISPUTES FROM THE PERSPECTIVE OF JUSTICE Rosalina Indah Sari; Hendri Hidayat; Ratna Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 2 (2023): June 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i2.137

Abstract

The authority of the Constitutional Court is regulated in Article 24C(1) of the Constitution. This Court has the authority to adjudicate at the first and final levels, and its decisions are final, with the aim of strengthening the legal system by reinforcing its foundations in the constitution. In this role, the Constitutional Court prevents the existence of laws that are contradictory to the constitution. The Constitutional Court is a judicial institution specifically dealing with constitutional or political justice, which was established after the amendment of the 1945 Constitution of the Republic of Indonesia. Its main purpose is to avoid unilateral decisions in constitutional cases. As the guardian of the constitution, the Judges of the Constitutional Court play an important role in preventing the enactment of laws that violate the constitution. Furthermore, the Constitutional Court also has a role in resolving electoral disputes as a state judicial institution. It decides cases involving disputing parties through judicial processes. The tasks and authorities of the Judges of the Constitutional Court are crucial in assessing electoral disputes. Although this institution receives, examines, and decides criminal cases, the decisions rendered are based on the principles of freedom, honesty, and impartiality in court proceedings, in accordance with the provisions of the law. The Constitutional Court serves as an institution that seeks justice in electoral dispute resolutions. The quality contribution of judges in deciding disputes is vital in achieving justice. Judges must possess professionalism and good morals, as well as legal expertise and a belief in truth. Additionally, the ability to consider the facts of the trial, evidence, witness testimonies, and expert opinions is also an important aspect of assessment. Every decision made by the Judges is based on applicable regulations, thereby strengthening the role of the judicial institution in achieving fair justice. Therefore, high-quality judicial decisions hold the same significance as decisions that reflect justice.
Political National law to of Islamic law H.M. Yunus; Anwar Sulaiman; Hj. Asmak Ul Hosnah; Yenny Febrianty
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.139

Abstract

Political law is two interrelated meanings that cannot be separated, because politics is a strategy to achieve power by any means. While the law is a means or tool used when power cannot achieve the purpose of power. Where the law is essentially to protect individuals or communities from the arbitrary actions of power holders and / or parties who commit acts of justice, in the end to get a sense of justice in the nation and state, in the thought that the state in the development of human civilization is closely related to religion, the relationship between the two occurs the transformation of Islamic law in the development of Indonesian legal politics, both of which experience ups and downs with the development of human thought about the function of the state in his personal life and at the same time in the relationship between religion and the state he embraces. This research aims to describe Political Law in Islamic Law. This research uses a qualitative approach with the method of literature (Library research). The reform era research data outlines the configuration of a democracy-based legal political system. The system emphasizes the need to organize laws that are populist and responsive, not repressive and authoritarian. Legal regulation policies must reflect the aspirations of the citizens of the community/state. The legal products achieved must be a mecca in solving legal problems and achieving the goals of the life of the nation and state. The substance of the law is built not to serve the interests of the ruling elite, but must be an instrument and guideline in organizing legal development aimed at realizing physical and mental welfare.
ANALYSIS OF GOVERNOR'S INSTRUCTION DIY NO: K.898/I/A/75 ON LAND OWNERSHIP IN YOGYAKARTA BY INDONESIAN CITIZENS OF CHINESE DESCENT FROM THE PERSPECTIVE OF JUSTICE. Piong Khoy Fung; Rosalina Indah Sari; Anyelir Pupsa Kumala
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.141

Abstract

The Governor's Instruction in Yogyakarta that prohibits land ownership for the Chinese community has roots in a long history of resentment that predates independence. In this context, the issuance of the Letter of Instruction by the Head of the Special Region of Yogyakarta in 1975, signed by Paku Alam VIII, becomes relevant. The instruction orders the denial of land ownership to non-indigenous citizens and is linked to Law No. 13 of 2012 on the special status of the Yogyakarta special region, which legitimizes the instruction in the field of land through Article 1 and Article 7. While general land laws apply there, the policy of standardizing land ownership in the governor's instruction states that the Chinese community, referred to as non-indigenous in the instruction, are not entitled to own land in Yogyakarta. However, since the amendment of the 1945 Constitution in 2002, there is no longer any distinction between indigenous and non-indigenous citizens. Therefore, the relevance of the instruction to current regulations is inconsistent with the principles of justice and equal rights as Indonesian citizens. The instruction clearly creates discrimination that undermines justice for Indonesian citizens of Chinese descent and contradicts the Indonesian constitution, which guarantees equal rights and justice for all citizens. Referring to the post-amendment 1945 Constitution, Article 26, paragraph (1) states, "Citizens are native Indonesians and other individuals as recognized by law as citizens." Article 26, paragraph (3) also emphasizes that, "Matters regarding citizens and residents shall be regulated by law." To uphold the constitutional mandate, Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia was enacted. Despite the existence of this law, differential treatment continues to occur, especially in terms of land ownership for Indonesian citizens of Chinese descent in Yogyakarta. It seems that the law does not provide new hope for justice for Indonesian citizens of Chinese descent, even though there is a guarantee of property rights stipulated in Article 28H, paragraph (4) of the 1945 Constitution.
THE ROLE OF THE GOVERNMENT IN PROTECTING THE HUMAN RIGHTS OF CIVILIAN PAPUA IN RELATION TO THE EXISTENCE OF KKB AS TERRORISM IN THE PERSPECTIVE OF JUSTICE Rosalina Indah Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.142

Abstract

The conflict in Papua has significant implications for the national security system. The presence of KKB groups that continue to carry out brutal acts of terrorism, even targeting the Papua community, has compelled the government to make maximum efforts in apprehension. Attacking the KKB group becomes necessary because based on a long history of government from the time of President BJ Habibie (1998-1999) to the Jokowi administration, no peaceful agreement or resolution has been reached with the KKB. Instead, their criminal actions have become more brutal. These actions are taken in accordance with the fourth paragraph of the Preamble of the 1945 Constitution, which states the aspirations and goals of establishing a government, namely to protect the entire Indonesian nation and all of its descendants. Although the Jokowi government has made significant efforts to provide considerable attention to the people of Papua through infrastructure development to achieve the welfare of the Papuan people, the conflict with the KKB is not merely an economic and welfare issue. The presence of the KKB poses a threat to the national security system, thus necessitating law enforcement efforts within it and the protection of the rights of the Papuan people. The classification of the KKB as terrorists is based on their actions. Although some parties, such as the National Commission on Human Rights (Komnas HAM), argue that such labeling may cause unrest in the Papua community, the government's statements regarding this labeling have been criticized. However, the government labels them with the aim of facilitating efforts to eradicate the KKB group in order to protect the people of Papua and the national community as a whole. The government, through law enforcement agencies, is striving to resolve the issues and conflicts in Papua in order to protect human rights, particularly the civilian victims who are considered innocent but have always been victims in the series of conflicts with the KKB.
Student Motivation and Expectations in the Implementation of On-the-Job Training Program (Case Study on XYZ School Students) Wulanmeiaya Wowor; Samuel Musa Liha; Andrew Kurniawan; Randy Setiadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.144

Abstract

On-the-job training (OTJT) is one of the learning programs that are widely applied by vocational schools. Through this program, students can gain new skills and get new experience in the industry. Students also have the opportunity to apply their knowledge and develop their skills. This study aims to identify the motivation and expectations of students in carrying out the OTJT. The research method used is descriptive quantitative with a purposive sampling technique in determining the sample. Questionnaires were used to collect data. Respondents are XYZ school students who have participated in the OTJT as many as 163 people. The results of this study found that in the implementation of the OTJT, interesting work is the thing that motivates students the most, while the low wage factor is the thing that reduces motivation. In addition, working in a professional environment is the most expected thing to be experienced when participating in the OTJT program. Keywords — Expectation, Motivation, On the job training
LEGAL PROTECTION OF FAMOUS TRADEMARK DISPUTES REGISTERED UNDER THE LAW (CASE OF POLO BY RALPH LAUREN TRADEMARK DISPUTE) Tati Sri Hardina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.145

Abstract

: Trademarks are signs in the form of images, names, words, letters, numbers, color arrangements, or combinations of these elements that have distinguishing power and are used in trading activities for goods or services. A well-known brand is a brand that has a high reputation. This brand has the power of radiance that is mesmerizing and attractive, so that the type of goods under the brand immediately raises a touch of familiarity (familiar) and mythical ties (mythical contect). The research method used is normative juridical, namely library law research conducted by examining library materials or secondary data. Protection of trademark rights in Indonesia constitutively adheres to the first to file system, first to file trademark protection system or constitutive system is a system of protection of a trademark in which the party who first applied for registration to the trademark office, then become the first party who has rights to the trademark. Of course, without exception, every application for trademark registration must pass the substantive examination process by the Trademark Examiner. In the substantive examination, it will be decided whether the person or legal entity is entitled to the trademark rights they apply for or the application for trademark rights is rejected. In order for the trademark to be protected by law.
JURIDICAL REVIEW OF THE DISTRIBUTION OF INHERITANCE FOR REPLACEMENT HEIRS IN TERMS OF ISLAMIC INHERITANCE LAW AND CIVIL INHERITANCE LAW Agnes Listya Adeline; Mentor Mella Ismelina Farma Rahayu
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.146

Abstract

Islamic inheritance law in its development, in successor heirs aimed at seeking a sense of justice for his heirs. Basically, successor heirs become heirs because their parents who are entitled to inherit die before the heir.The problems are formulated as follows: 1 how is the concept of successor heirs in Islamic law and civil code law, 2 how does substitute heirs compare between Islamic law and civil law. To answer the above problems, the author uses legal research with a normative jurisical approach method, namely legal research carried out by prioritizing examining library materials and documents called secondary and tertiary data. The specification of the study is descriptive analytical, which aims to provide an overview carried out using qualitative means of legal theories and legal doctrines as well as the opinions of Islamic jurists.The results of the research conducted can be concluded that the system of successor heirs in Islamic law and Civil law occurs when the person who connects it to the heir has died before the heir, and must have a legal Nasab relationship with the heir. The comparison of successor heirs in the system of Islamic law and civil law is that they both replace the position of heirs who died before the heir. And there is a difference between Islamic inheritance law and Civil Law in the division received by the heirs he replaces, in Islamic law i.e. heirs in a straight line down, straight line up, and straight line sideways while civil inheritance law the accepted part is the same and successor heirs do not exist for straight line up.
THE ROLE OF A NOTARY IN THE PROCEDURE FOR IMPLEMENTING A SHARE ACQUISITION OF A LIMITED LIABILITY COMPANY Juliane Chaerunnisa; Mella Ismelina Farma Rahayu
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.147

Abstract

: There are several types of business entities regulated in Indonesia, one of which is a Limited Liability Company which is the most common business entity that can be found, in the form of a legal entity and in carrying out its business activities has an authorized capital divided into shares. One of the actions commonly taken by a Limited Liability Company is to acquire shares, otherwise known as acquisition. This acquisition process requires several steps or procedures that need to be fulfilled and has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies.An act of acquisition is administratively declared complete if it has been set forth in a deed of acquisition made by an authorized officer, namely a notary in the Indonesian language and submission of notification to the Minister of Law and Human Rights. Notary as a profession that is authorized to make authentic deeds that can be used as evidence in court has a role and responsibility for the documents it issues, including the deed of acquisition of a Limited Liability Company. This paper is designed to review the acquisition procedure of a Limited Liability Company and the role of a Notary in that procedure in relation to his or her authority to draw up a deed of acquisition

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