Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,
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697 Documents
<![CDATA[PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN SEKSUAL FETISH JARIK ]]>
<![CDATA[Hanny Dila Intan Pratiwi]]>;
<![CDATA[Erny Herlin Setyorini]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.169
<![CDATA[This research aims to find answers to legal protection efforts obtained by victims of finger fetish abuse. Which will be reviewed from the legal protection of children and adults who are victims. By paying attention to the decision of the case and the positive law that was in effect at the time the case was being handled or at the time this case occurred. Contains the legal rules and laws that are used when the judge decides on this finger fetish case. This research will later be reviewed from the Law on Child Protection and the Law on the Protection of Witnesses and Victims as well as the Criminal Code and other legal regulations related to the legal issues raised. Researchers use the type of normative juridical legal research and use a conceptual approach, statute approach, and case approach. By reviewing and analyzing the legal protection that victims receive, they will be able to solve legal problems regarding the legal issues being researched. So that later in order to obtain answers from the results of the study of the journals that have been researched]]>
<![CDATA[AKIBAT HUKUM TERHADAP PERKAWINAN BEDA AGAMA DI INDONESIA: STUDI TERHADAP PUTUSAN PN SURABAYA NOMOR 916/PDT.P/2022/PN SBY ]]>
<![CDATA[Patricia Karlina Dimiyati]]>;
<![CDATA[Rosalinda Elsina Latumahina]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.170
<![CDATA[The current Marriage Law in Indonesia does not specifically explain marriages with different religious backgrounds. The absence of this regulation in Indonesia has triggered various interpretations related to the licensing of interfaith marriages. Article 2 Paragraph (1) of the Marriage Law explains that a marriage has a valid status if, "A marriage carried out according to religion and belief". The verse explains that the licensing of interfaith marriages adheres to the provisions of each religion. However, other regulations such as the Marriage Law and the Regulation of the Domestic Government of the Republic of Indonesia No. 108 of 2009 Article 50 Paragraph (3) state that there is a possibility that interfaith marriages can be carried out if they have been allowed by the court. Based on this, a study was conducted to clarify the legal consequences of registering interfaith marriages with the existence of Decision No. 916/Pdt.P/2022/PN. Sby. This research is a type of normative law research or normative juridical, with a statutory and conceptual approach. Based on research that has been carried out, the existence of the Population Administration Law and Domestic Government Regulation of the Republic of Indonesia No. 108 of 2009 makes the law of interfaith marriage clearly visible and so that it becomes legally valid and can be ratified through a District Court Determination and recorded at the authorized Population and Civil Registration Office. Then, this provision is also contained in the 1945 Constitution Article 28 B Paragraph (1)]]>
<![CDATA[PERKOSAAN DALAM PERKAWINAN SEBAGAI TINDAK PIDANA ]]>
<![CDATA[Putri Ayu Lestari]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.171
<![CDATA[There are so many cases of sexual violence that are not reported to law enforcement officials, or have even been reported but rejected. Among them is rape in marriage. This happens because sexual relations carried out in marriage are considered as common things that husbands do to their wives, because they occur in legal marriages. This study aims to determine marital rape as a crime. The research method uses normative juridical. This research approach uses legislation and conceptual. Based on research, marital rape has not been clearly regulated in the Criminal Code (KUHP). However, it has been regulated in Law Number 23 of 2004 concerning the Elimination of Domestic Violence (PKDRT). Meanwhile, the husband's actions towards his wife can be said to be marital rape if there are elements of coercion, threats, and violence without regard to the interests of the wife. This is reinforced by Islamic law, namely in the letter Al-Baqarah Verse 223]]>
<![CDATA[STATUS KEPEMILIKAN TANAMAN YANG BERADA DI ATAS HAK ATAS TANAH MILIK ORANG LAIN ]]>
<![CDATA[Abd Hamid Bakir]]>;
<![CDATA[Abraham Ferry Rosando]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.172
<![CDATA[The principle of horizontal separation regulates the principle that separates land from the objects/buildings above it, meaning that the land owner does not automatically have the right to the objects/buildings above it, so whoever builds or builds them will own them. non-owner rights. The research used in this paper is using normative legal research, where normative legal research must be stated in a paper, it is sufficient to state that this research is legal research and an approach to legislation (Statute Approach). In this study, to find out the status of plants that are on other people's land, which is on the principle of horizontal separation of buildings, and plants that are on the ground are not part of the land. Land rights do not automatically include ownership of buildings and plants on it. In civil law there are 2 legal remedies: Ordinary legal remedies are appeal, cassation, and verzet in article 180 HIR. and Extraordinary legal remedies are resistance to third parties and under review (civil request).]]>
<![CDATA[PERLINDUNGAN HUKUM BAGI PEKERJA ATAS PERMINTAAN IJAZAH ASLI OLEH PERUSAHAAN SEBAGAI JAMINAN ]]>
<![CDATA[Dina Agustin]]>;
<![CDATA[Dipo Wahjoeono]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.173
<![CDATA[Legal Protection is related to the way the government or authorities protect legal subjects with several existing rules, which are written or unwritten in legal instruments that have preventive or repressive properties. In East Java Provincial Regulation No.8 of 2016 Article 42 states that employers arek prohibited from holding or keeping the original documents of workers which are attached to workers as collateral. If based on these regulations companies (employers) should not request original documents, most of which are diplomas as a guarantee, moreover this is already prohibited and listed in a regional regulation, but it is very unfortunate that Manpower Act still does not regulate this matter. The workers are forced to agree to terms of the contract where usually the company makes a diploma a condition of the contract agreement, because they have no other choice. The problem is that when the contract agreement is completed and the workers ask for the diploma or document back, there are difficulties with the many reasons given by the company, while the workers have no debts or problem with the company. The author will dicuss efforts to protect the law against workers when the company ask for a certificate as collateral. The research method uses normative juridical approaches that are used are statutory and conceptual approaches. The result of the writing discussed th that workers get legal protection in accordance with applicable regulations]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA YANG MENGALAMI KEKERASAN DI LUAR NEGERI ]]>
<![CDATA[Nadya Zerlinda Febrianti]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.174
<![CDATA[Migrant workers are one way to find income that is needed in everyday life. After the COVID-19 pandemic subsided, the interest in migrant workers increased again, due to the fact that their departure had been restricted before. With the large number of interested migrant workers, there are also increasing number of complaints of problems being overwritten by Indonesian Migrant Workers. The purpose of this research is to know and understand that the Indonesian government can have the authority to provide legal protection for Indonesian migrant workers who experience violence abroad. In this research, the journal uses normative methods and approaches to statutory regulations, as well as international conventions governing the Protection of the Rights of Migrant Workers and Family Members. The results of this study indicate that the protection provided by the government for migrant workers who experience violence can be carried out during pre-placement, placement, and post-placement, as well as the government's handling of migrant workers that must be carried out on Indonesian Migrant Workers both procedurally and non-procedurally. because the state has an obligation to fulfill the legal protection rights of every citizen]]>
<![CDATA[KEABSAHAN CRYPTOCURRENCY PADA SARANA INVESTASI DI INDONESIA ]]>
<![CDATA[Ary Setiawan Prasetyo]]>;
<![CDATA[Rosalinda Elsina Latumahina]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.175
<![CDATA[Cryptocurrency is an asset and as a digital currency that functions as a medium of exchange in digital transactions. Another function of Cryptocurrency apart from being a means of payment and currency is as an investment tool. In addition, cryptocurrencies can be used as a means of investment, this is due to the large demand for these assets. Cryptocurrencies that are growing so rapidly do not rule out the possibility of a crime, one of the crimes that occur in Cryptocurrency is taking investors' assets away by Cryptocurrency developers which causes investors to lose assets or commonly known as Rug Pull. For this reason, this study aims to analyze the legality of Cryptocurrency based on applicable regulations in Indonesia and also the legality of Cryptocurrency Exchanges in Indonesia. The type of research method used in this research is normative legal research by examining the laws and regulations in force in Indonesia, the opinions of scholars, and also legal theory by using a type of approach method through legislation and also a conceptual approach and by using collection techniques. legal materials through literature study using legal materials processing techniques by way of legal refinement to clarify the requirements of Cryptocurrency as a means of investment in Indonesia. After conducting the research, it can be concluded that to provide comfort to Cryptocurrency investors, an institution that functions as a supervisor is needed so that the purchased Crypto assets can be properly monitored and recorded so that investors can be legally protected]]>
<![CDATA[PERLINDUNGAN HUKUM ATAS HAK PEKERJA DALAM PERJANJIAN KONTRAK KERJA ]]>
<![CDATA[Talitha Zhafirah]]>;
<![CDATA[H.R. Adianto Mardijono]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.176
<![CDATA[Wages are rewards or payments that are the rights of workers/laborers and an obligation for companies/employers. Several forms of wages take the form of daily hhwages, mmpiece wages, fixedbb wagesnn, non-fixednnwages provided by the company/employer to provide such compensation based on time and effort, performance, work performance, or services rendered by the worker/laborer. The right of workers/laborers to wages has legal protection. If wages are not paid or are paid lower than the Minimum Wage, the worker/laborer has the right to demand to be paid in accordance with the provisions of the minimum wage. Companies/employers who do not fulfill their obligations to pay appropriate wages/salaries will be subject to legal sanctions. Law enforcement on the payment of wages has been clearly regulated in Law Number 32 of 2003 concerning Manpower. The purpose of this writing is to understand the legal regulations regarding wages which are the rights of workers/laborers and the obligations of companies/employers. Using a normative juridical research method, which examines statutory regulations, legal definitions, or legal doctrines in order to answer legal problems or issues raised in this writing]]>
<![CDATA[PERTANGGUNG JAWABAN PIDANA TERHADAP PELAKU TINDAK PIDANA PERDAGANGAN ORANG ]]>
<![CDATA[Siti Rochmah]]>;
<![CDATA[Frans Simangunsong]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.177
<![CDATA[The act but requesting, accommodating, bringing, transferring, or accepting someone out of fear of violence with the intention of exploiting or encouraging their exploitation is a cybercrime known as the human trafficking. Criminal acts of human trafficking are increasing every year, so that it becomes a serious problem that needs to be handled by Indonesian law enforcement. The goal of this study is to find out the responsibility of individuals who engage in trafficked in humans in violation of the law terms of the Law of the Republic of Indonesia Number 21 of 2007 and to find out how the sentence is imposed on individuals who commit these crimes. human trafficking from the perspective of the Law of the Republic of Indonesia. The research process used to make this journal includes normative juridical research, namely research on secondary literature data or materials that have been collected, described in a narrative style, then examined qualitatively. Criminal responsibility relates the grounds for imposing criminal sanctions to the burden of responsibility imposed on the person who committed the crime. Law Number 21 of 2007 concerning human trafficking regulates criminal sanctions to those who violate acts of human trafficking. The maximum and minimum limits give judges the ability to impose criminal sanctions on those involved in human trafficking. Criminal Law no. 21 of 2007 was the beginning of the criminal mismatch]]>
<![CDATA[AKIBAT HUKUM BAGI PELAKU TINDAK PIDANA PELECEHAN SEKSUAL SECARA ONLINE ]]>
<![CDATA[Danendra Farrel Wicaksono]]>;
<![CDATA[H.R Adianto Mardjiono]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i1.178
<![CDATA[Sexual harassment is an act that can make others feel aggrieved and also make victims affected by prolonged mental stress. Cases of sexual violence and abuse are increasing, although more people do not know about the characteristics. The consequences of this action are difficult to prevent, both for yourself or others in general. Knowing the cause of a person can commit criminal acts of sexual abuse can become one form of effort so that there is no sexual abuse. Sexual harassment actually refers to actions with sexual tone, either through an immediate touch or not touching, which targets a person's body parts or genitals. This activity is usually in the form of whistles, flirting, comment or saying sexual words, showing video or photos of porn and high sexual desires, poke at any part, having sexual movement or making movement in a way that then causes discomfort, violations or feelings. insult, and cause various problems in the health and safety. Sexual harassment is not only about sexual. The core of the problem is to abuse power and authority, although the perpetrator is trying to convince his victim and themselves that what they actually do is sex attraction and romantic desire. But, the majority of male sexual abuse is carried out towards women. Moreover, there were some cases of abuse against women by men and also fellow sexes (male and female). The research method uses the frame analysis method by analyzing cases of sexual harassment reported on the website]]>
