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Proceedings Series on Social Sciences & Humanities

pssh
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Published by Universitas Muhammadiyah Purwokerto

ISSN : - EISSN : 2808103X DOI : https://doi.org/10.30595/pssh.v2i.92

Core Subject : Social,

Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences

The Proceedings Series on Social Sciences & Humanities aims to publish proceedings from conferences on the scope: 1. Business, Management & Accounting 2. Social Sciences (General)

Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)

Articles 1,156 Documents

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The Influence of Human Rights on Death Penalty in Indonesian Sofiana Dwi Prastiwi; Danang Darmawan
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1079

Death penalty has the status of principal punishment, is a type of punishment that contains pros and cons. At the international level, this type of punishment is prohibited from being imposed on convicts. The United Nations (UN) pushed for the abolition of this type of crime based on the Declaration of Human Rights which was adopted on December 10, 1948, by guaranteeing the right to life and protection against torture. This step was taken considering that the application of death penalty is contrary to human rights. Criminal execution by shooting the convict to death and not carried out in public. Imposition of capital punishment means taking away someone's right to life. Everyone has the right to live and has the right to defend his life and existence (Article 28A of the 1945 Constitution). Even the death penalty is no longer in harmony with the development of human rights. All countries have the concept of upholding human rights, Indonesia as part of the countries in the world participates in realizing human rights, it is proven that human rights are regulated legally and formally. Human rights, especially the right to life, are stated as rights that cannot be reduced in any form. However, in a positive way, the application of the death penalty is still mostly decided by judges. The purpose of this writing is to examine how human rights influence death penalty in Indonesia, using normative law research methods, namely research based on positive law studies. This study uses primary legal material in the form of laws and regulations, as the object of research. The law that is the object of research is the 1945 Constitution of the Republic of Indonesia which is related to human rights. In conclusion, human rights are rights related to the nature of human existence. Criminal imposition of convicted criminals must be oriented towards the protection of human rights

Social and Environmental Responsibility by Limited Liability Companies Regarding Corpoorate Social Responsibility (Csr) (Study: On PT. Mitra Karya Tri Utama (Sampoerna)) Sekar Aini Sudjatmiarsih
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1081

Law No. 40/2007 on Limited Liability Companies requires companies to carry out activities known as Corporate Social Responsibility (CSR). Given this, companies have a role and responsibility in the implementation of CSR activities and as a form of concern for the community and the environment. PT Mitra Karya Tri Utama is a company engaged in cigarette rolling services that is obliged to carry out CSR activities. In running this program, the company needs to incur costs, from these costs the program can run well. Based on the above problems, the following problems can be formulated, First, how is the form of implementation of social and environmental responsibility by a limited liability company (PT). Second, how is the mechanism regarding the financing of social and environmental responsibility by a limited liability company (PT). The purpose of this study, First, can know and analyze how social and environmental responsibility. Second, can know and analyze the mechanism of financing social and environmental responsibility. The research method used is empirical juridical. From the results of research and discussion, it is concluded that First, PT Mitra Karya Tri Utama (Sampoerna) implements this CSR program by issuing a number of funds to be handed over to orphanages, residents around the company, and social services, but more often done for donations to orphanages. Second, the self-funding mechanism at PT Mitra Karya Tri Utama is an amount of Rp 5,000,000, from which CSR programs will be carried out within 1 month.

Law Enforcement of Narcotics and Prohibited Drugs Among Youth that Impact on State Security and Sovereignty Sri Mulyani Putri Jayanti; Yusuf Saefudin
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1082

Cases of narcotics and drug abuse in Indonesia are increasingly worrying, this can be seen from the increasing number of narcotics use among the next generation of the nation, especially "teenagers". The rise of drug abuse cases among teenagers is certainly caused by several supporting factors, including high curiosity or trends and a friendship environment where someone considers new and challenging things to do, making children in adolescence easily fall into drug use. Drugs are dangerous substances that affect a person's psychiatric condition or psychology and cause addiction, which has the potential to become an obstacle to national development that threatens the security and sovereignty of the state. The problems faced are How is Law Enforcement Against Narcotics Crimes in Indonesia According to Law Number 35 of 2009 concerning Narcotics, and How is the Protection of Drug Abusing Children Viewed from the Aspects of Victimology. This writing examines secondary data in the form of secondary legal materials by understanding the law as a set of positive rules or norms in the legislative system that regulates human life (library research). Based on the results of the research, it is known that law enforcement against narcotics crimes according to the Narcotics Law is subject to imprisonment, fines, life imprisonment and other sanctions, protection for children who abuse drugs in terms of victimology aspects, namely rehabilitation because the child is on the one hand the perpetrator and the other side is the victim

Legal Protection Against The Fulfilment of Children's Rights Due to Parental Divorce Monike Khasanah
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1083

Marriage is the beginning of the formation of a family, where the family becomes the main place filled with love and affection, and the fulfilment of the rights of a child is guaranteed. However, in marriage it does not go well, there are times when various problems arise which eventually get a resolution point but not a few also end in divorce. The party who is harmed by this divorce is the child, because of this condition the child loses his rights that he should get from his parents. Therefore, protection is needed so that children's rights can be fulfilled. The issues raised in this paper are how the practice of fulfilling children's rights after parental divorce. The purpose of this writing is to find out the practice of fulfilling children's rights by parents after divorce. The research method of this writing uses empirical juridical research. With interview collection tools and literature study. The results of the study show that in fact the regulations made by the state are sufficient to provide protection to children after parental divorce. So, even though it has been clearly enacted, the implementation of legal protection for children after divorce has not been implemented properly so that there are still a lot of children who do not get their full rights after a divorce between the parents. And this results in many new problems in children's lives that impact their growth and development both physically and psychologically.

Overview Juridical Liberation Conditional for Convict in System Indonesian Criminal Justice Fakhraiulza Cesar Rahardian
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1084

The penal system in Indonesia still applies the practice of parole with various provisions which are crucial elements in releasing convicts. Conditional release can be given to convicts who have met certain requirements based on the provisions of Article 15 of the Criminal Code, namely if the defendant has served 2/3 (two thirds) of his sentence or at least 9 (nine) months of the sentence handed down. The purpose of this study is to find out and analyze the implementation of parole for convicts based on the criminal system in Indonesia by taking into account the Criminal Code and the Correctional Law. The formulation of the problem in this study is a) What are the procedures and conditions for parole for convicts in Indonesia? B) What is the Juridical Review of Parole Release for Convicts in the Indonesian Penal System? This study uses a normative research method with a Statutory Approach through descriptive-analytical research specifications. The basic considerations for the implementation of parole are relevant to the Correctional Law regarding the purpose of sentencing. The implementation of parole must pay attention to social benefits and values ??so that the enforcement of prisoners' rights will be in accordance with the needs of society in general.

Enforcement of Legal Sanctions for Performers of Illegal Mineral and Brain Mining C (Sand) in The Serayu River (Case Study of Sand Mining in Kaliori Village, Kalibagor District, Banyumas Regency) Risky Dewi Amalia
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1085

Indonesia is a country with abundant natural resources, including the potential sand mining industry. Mining on a large scale is good for economic growth, but the opposite is true for the environmental impacts. Environmental damage due to exploitation also occurs in Kaliori Village, Kalibagor, Banyumas. Environmental damage due to sand mining has caused problems that must be claimed by all parties. This research examines how the impact caused by sand mining activities on the surrounding environment and how sanctions for parties involved in illegal sand mining. This type of research uses normative juridical and legislative approaches and the data sources used by the author in the research use secondary data sources regarding illegal mining of excavation C. Based on the results of the research, law enforcement against illegal mining that occurs is not in accordance with the applicable laws in law enforcement, the apparatus only makes preventive efforts while the community in Kaliori Village has factors such as lack of legal awareness, economic factors and education. Therefore, there is a need for research on environmental impact assessment, both physical and socio-economic sand mining activities in Kaliori Village, in order to obtain an overview of the environmental impacts that occur or will occur. Later, this research will become a consideration in making policies related to sand mining issues.

Transformation of Microfinance Institutions into Rural Banks Vastigia Zahratul Fuadah
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1086

As time progresses there is more and more growth in various kinds of economic activities in indonesia. one of them is in the banking sector. more and more microfinance institutions continue to grow in indonesia. microfinance institutions are the most crucial and important financial institutions for the people in indonesia. Microfinance institutions also have opportunity to transform into people's credit banks. microfinance institutions can be divided into 2 parts, namely conventional microfinance institutions and sharia microfinance institutions. likewise, people's credit banks are divided into 2, namely sharia people's credit banks and conventional people's credit banks. then regarding factors needed from the process of changing the transformation of Microfinance Institutions into People's Credit Banks, to the legal certainty of changing the transformation of Microfinance Institutions into People's Credit Banks. In accordance with the title and problems to be discussed in this study, in order to provide useful results, type of research used by the author is Empirical Juridical research. Juridical-empirical research is legal research on the enactment or implementation of normative legal provisions directly on each specific legal event that occurs in society. The Legal Basis of Microfinance Institutions in Indonesia is that the business activities and operations are regulated in official regulations contained in the Microfinance Institutions Law and Government Regulations. Furthermore, MFIs also receive supervision from the Financial Services Authority (OJK). It is expected to know and criticize what factors are needed in the process of changing the transformation of Microfinance Institutions into Rural Banks, as well as the legal certainty of these issues.

Juridical Review of Gambling Crimes Prisca Herdian Prastika
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1087

The phenomenon of gambling is a form of game using bets that are fortuitous in nature. Gambling phenomenon is a form of game using bets that are fortuitous, to get a win it also requires playing skills are also required. Gambling in the historical process has not been easy to eradicated, although reality also shows that the gambling proceeds obtained by the government can be used for development efforts. Obtained by the government can be used for development efforts. But apart from that, the negative impact of gambling is greater than the positive impact. its positive impact. Criminal law is often used to solve social problems, especially in crime prevention. Especially the problem of gambling as a form of community disease. This research aims to examine the regulation of the prohibition of gambling in the Indonesian legal system and the application of the Indonesian legal system to gambling. The type of research that will be used by the author is normative juridical research. Normative juridical research is normative juridical research is research conducted using the library method and which bases its analysis on the applicable laws and regulations that are relevant to the legal issues that are the focus of the research. The focus of the research. By using normative juridical research, the author can find legal arrangements for gambling crimes in the Criminal Code regulated in Article 303 and Article 303 bis and further strengthened by Law No. 7 of 1974 concerning Gambling Control, which is conventional gambling. Meanwhile, unconventional gambling is a new type that has developed and is regulated by Law No. 11 of 2008 concerning Electronic Information and Transactions, namely in Article 27 paragraph (1) and Article 45 paragraph (1). The application of Articles 426 and 427 of the Criminal Code only covers gambling offenses that occur within the territory of the Republic of Indonesia.

Legal Protection for Consumers in Online Buying and Selling Transactions (E-Commerce) Reviewed Based on Law Number 8 of 1999 Concerning Consumer Protection Amalia Putri Permatahati
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1088

Internet technology has a huge influence on the world economy. This rapid development of technology has brought many changes to the pattern of life of most Indonesians. The pattern of life occurs in almost all fields, such as social, cultural, trade, science, and other fields. In the field of trade, the internet has begun to be widely utilized as a medium for business activities. The most developed example of trading activities in cyberspace in relation to the use of the internet is electronic commerce. E-Commerce is divided into two segments, namely business to business e-commerce (trade between business actors) and business to consumer e-commerce (trade between business actors and consumers). From this problem, the formulation of the problem to be discussed is how the responsibility of business actors towards consumers in the event of a discrepancy in the goods sent and how consumer protection is reviewed based on Law Number 8 of 1999 concerning Consumer Protection. The purpose of this research is to find out and analyze the liability of business actors to consumers for goods that are not in accordance with orders based on Law Number 8 of 1999 concerning Consumer Protection and to find out the provisions for consumer protection in online buying and selling based on Law Number 8 of 1999 concerning Consumer Protection. This research uses normative juridical methods, namely legal research conducted by examining library and secondary materials. Normative legal research is conducted on laws and regulations relating to consumer protection. The result of this research is that consumers must be given special protection from various possibilities that will harm consumers and business actors who do not have good faith in conducting online buying and selling transactions.

Legal Protection for Couriers Against Consumers Who Are Not Responsible for Cod Packages (Cash on Delivery) Fita Rahmawati
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/pssh.v14i.1089

Electronic transactions or e-commerce there is an online mall or marketplace, which is a platform that can directly become an intermediary for all transactions between sellers and buyers. One of the payment methods known to the public is the COD (Cash On Delivery) system, where payment is made when the courier delivers the ordered goods to the customer's home. This causes problems that are often experienced by couriers delivering ordered goods. Often there are several customers who commit irresponsible acts by not being willing to pay for the COD package that has been ordered. Actions such as those mentioned certainly violate the agreement between buyers and sellers who use the Cash On Delivery method, where payment must be made when the courier has delivered the order to the buyer's address. This study aims to determine the legal protection of couriers and liability for COD (Cash On Delivery) packages. This research is made with a normative juridical method through a legal approach supported by primary, secondary and tertiary legal materials. The result of this research is the legal protection of courier rights for consumers who are not responsible for the COD package they bought.

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Editorial Address Lembaga Publikasi Ilmiah dan Penerbitan (LPIP) Universitas Muhammadiyah Purwokerto Jl. KH. Ahmad Dahlan, PO BOX 202 Purwokerto 53182 Kembaran, Banyumas, Jawa Tengah

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Totok Haryanto

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Lembaga Publikasi Ilmiah dan Penerbitan (LPIP) Universitas Muhammadiyah Purwokerto Jl. KH. Ahmad Dahlan, PO BOX 202 Purwokerto 53182 Kembaran, Banyumas, Jawa Tengah

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INDONESIA