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[HAK PEKERJA ALIH DAYA JIKA TERJADI PERALIHAN PERUSAHAAN ALIH DAYA ]]>
<![CDATA[Azzah Farah Nabilah]]>;
<![CDATA[Dipo Wahjoeno]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.240
<![CDATA[Employers often ignore the rights of outsourced employees. Companies that use the services of workers often hire or deliberately outsource to lower labor costs, but the protection and working conditions offered are far from what is usual, which can put workers and the outsourced workers at risk. Unrest among employees is no doubt caused by this happening. Outsourcing is not specifically recognized as a practice under Law Number 13 of 2003 concerning Manpower. Law Number 11 of 2020 concerning Job Creation, which was recently passed, revised some of the provisions of Law Number 13 of 2003 concerning Manpower, one of which relates to provisions regarding outsourcing workers. However, it must be determined whether these structures provide sufficient legal protection for outsourced employees. Therefore, the authors are of the opinion that in order to fully understand the principle of legal certainty which will be discussed in this article, it is necessary to carry out analysis and research related to legal protection for outsourced workers]]>
<![CDATA[HAK ANAK TERHADAP MANTAN ANGGOTA ISLAMIC STATE OF IRAQ AND SYRIA ]]>
<![CDATA[Rizma Salsabilla]]>;
<![CDATA[Muh. Jufri Ahmad]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.241
<![CDATA[This research describes a case regarding the rights of children of a former body of the Islamic State of Iraq and Syria (ISIS) after the authorities handled the cancellation of the citizenship status of former ISIS conscripts without any trial. This research intends to identify legal provisions, especially regarding nationality. In a special way, this thesis understands the national status of women and children of former ISIS military conscripts. This research method uses a juridical normative approach with a legal approach (statute approach) and a problem approach (case approach). The results of the research ensure that the national status of former ISIS conscripts cannot disappear by itself if it does not comply with the provisions of Article 31 of the Regulation of the Ruler of the Republic of Indonesia No. 2 of 2007 concerning Rules for Obtaining, Expending, Canceling, and Retrieving the Nationality of the Republic of Indonesia. A person's national status is an elementary right and precious right. The national principles contained in Law Number 12 of 2006 concerning nationality also guarantee and prevent a person from having his citizenship status so that it cannot be revoked just like that without a trial]]>
<![CDATA[DAMPAK AJANG FASHION SHOW YANG MENGGUNAKAN ZEBRA CROSS ]]>
<![CDATA[Nur Harifa]]>;
<![CDATA[H. R.Adianto Mardijono]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i2.242
<![CDATA[Laws are made to function as social control. One of them is in the laws of our country, such as the Road Traffic and Transportation Law (LLAJ Law). This law has rules for roads and transportation as well as rules for traffic. Zebra Crosses are made across the middle of the road to notify motorists that there is a lane for pedestrians to cross. There are fashion shows that use zebra crossing as a means of displaying trends and styles of dress, such as the famous Paris Fashion Week, where models sway in their signature clothes when crossing the street. Law number 22 of 2009 concerning Road Traffic and Transportation stipulates that the Zebra Cross function is none other than a pedestrian crossing. Article 131 of the law explains that zebra crossing is one of the facilities rights provided to pedestrians other than sidewalks. Further explained in Article 132, pedestrians are required to use a zebra crossing when they want to cross the road]]>
<![CDATA[URGENSI PEMBATASAN PARTAI POLITIK PADA SISTEM PEMERINTAHAN PRESIDENSIAL DI INDONESIA ]]>
<![CDATA[Allicia Putri Prasetyaji]]>;
<![CDATA[Ahmad Sholikhin Ruslie]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.243
<![CDATA[The constitutional government system chosen by the Indonesian people is a presidential government system, a government which in practice is often encountered with practices that lead to a parliamentary government system. The Confusion System, which therefore influences the presidential election, will not be able to regulate an independent cabinet because it must prepare the interests of political parties to avoid conflicts with the House of Representatives (DPR). Such practice is certainly not healthy in implementing a presidential system because it will divert government approval to carry out its function as an executive institution. The urgency of limiting political parties in a presidential system is for government stability, because theoretically in a presidential government system the effectiveness of the number of political parties is one to two parties because this government system adheres to a simple party system]]>
<![CDATA[RATIO DECIDENDI PELAKU JUDI ONLINE SLOT (PADA PUTUSAN NOMOR 2283/PID.B/2021/PN.SBY) ]]>
<![CDATA[Anisa Dwi Andiani]]>;
<![CDATA[Ahmad Sholikhin Ruslie]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.244
<![CDATA[One of the crimes that often occurs and worries the community is the crime of gambling. This crime arises because of the unstable condition of society both in terms of religion, economy, morals and legal awareness. With the advancement of technology, gambling has now moved into a marginally more affluent space. Advances in information and technology are in line with the number of internet users in Indonesia. Unfortunately, advances in information and technology are often used by some people to commit crimes in the digital world or cyber crimes. The ITE Law was formed to anticipate all forms of cyber crime involving the use of information technology, in accordance with the increasing intensity of digitalization, convergence and sustainable globalization of information technology, which has the potential to be misused to commit criminal acts. Finding the ratio decidendi of online slot gaming actors is the aim of this study. This study relies on primary and secondary material obtained through library research and employs a normative juridical methodology. Case Study of Decision Number 2283/Pid.B/2021/findings PN. Sby’s]]>
<![CDATA[PERTANGGUNGJAWABAN HUKUM DALAM DUGAAN TINDAK PIDANA PERJUDIAN YANG BERKEDOK TRADING BINOMO DALAM PERSPEKTIF UU ITE ]]>
<![CDATA[Divea Aura Meisyadina]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.245
<![CDATA[Binomo has become a topic of public discussion lately, due to the many advertisements scattered and also the influencers who participate in promoting that Binomo provides huge benefits that are obtained in this Binomo. However, the legality of Binomo in Indonesia is still unclear. In CoFTRA regulation No. 3 of 2019 concerning commodities, Binomo is not included in the subject referred to in article 1. Therefore, this site is illegal. Online Gambling is clearly prohibited and regulated in Article 303 of the Criminal Code (KUHP), Law (UU) Number 7 of 1974, and Government Regulation Number 9 of 1981, and Law Number 11 of 1974, as well as Government Regulation Number 9 of 1981 and Law No. 11 of 2008 (UU ITE). Then what is the Legal Liability for these Binomo traders? Therefore, this research uses normative legal research, namely research that is useful for finding and answering legal issues, the rule of law, legal principles or legal doctrines encountered from a normative perspective and to find out whether the rule of law is in accordance with legal norms. This research is also useful for solving the problems faced. This study uses normative law so as to produce appropriate prescriptions and should be according to law]]>
<![CDATA[KEDUDUKAN KAPAL PERANG YANG MASUK KE DALAM WILAYAH ZEE INDONESIA ]]>
<![CDATA[Dicky Elvando]]>;
<![CDATA[Muh. Jufri Ahmad]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.246
<![CDATA[Regulation is a basis for the utilization of marine resources, therefore the Government of Indonesia has implemented its Constitution as a law and basic rules. These regulations need further elaboration. Therefore, the Government of Indonesia stipulates laws and regulations relating to the utilization of fishery resources and sea boundaries in Law number 17 of 1985 of the ratification of UNCLOS 82, and in practice these laws and regulations may not deviate from the Constitution. Republic of Indonesia. The abundance of marine fishery resources in Indonesia's Exclusive Economic Zone allows for actions that are detrimental to Indonesia as a coastal country due to violations committed by neighboring countries that violate state sovereignty. This research will rely on normative juridical research by relying on laws and regulations and other documents, both primary and secondary. Apart from being alert to violations from neighboring countries that can commit illegal fishing, exploitation of natural resources, and illegal conservation in order to gain unilateral benefits that will threaten the country's sovereignty, it is also unavoidable that foreign military ships passing by often guard and cross the territorial zone. blatantly exclusive economy. Of course this is a warning to the state in maintaining its sovereignty so that it is protected from foreign intervention which could secretly steal data on the territory of a coastal state and look for loopholes in defense weaknesses through maritime boundaries. With that the law of the sea which regulates the boundaries of the exclusive economic zone and has been summarized in UNCLOS 82, has become Indonesia's reference for determining the position of a warship entering and crossing the exclusive economic zone]]>
<![CDATA[PERLINDUNGAN HUKUM PROFESI GURU DAN DOSEN TERHADAP PEMBERIAN IMBALAN YANG TIDAK WAJAR DALAM UNDANG-UNDANG NOMOR 14 TAHUN 2005 TENTANG GURU DAN DOSEN ]]>
<![CDATA[Eka Elfa Putri]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.247
<![CDATA[Education plays an important strategic role in the effort to raise the quality of human resources. One of the most important factors in determining whether educational objectives are met is the quality of teachers. The goal of the government's move to pass Law No. 14 of 2005 on Teachers and Lecturers is to raise teacher professionalism. According to Article 41 paragraph 3 of Law No. 14 of 2005, members of professional organizations are required to be teachers. According to Article 42, letter c, teachers are required to adhere to the professional code of ethics that is overseen by the Teacher Honor Council. They can fight for their rights to professional protection through professional organizations. According to Law No. 14 of 2005 Concerning Private Teachers and Lecturers in Part Seven of Article 39 paragraph (4), the government guarantees teachers' rights to obtain professional protection. However, teachers actually face financial challenges in order to survive. In Indonesia, prospective teachers may be put at risk and discouraged if the salaries that teachers receive are too high and do not increase in number. The conclusion reached is that a teacher should be able to receive an unfair reward for his or her work, but some of it is not even given to the teacher in question. As a matter of fact, on the off chance that a sensible gift is given to the instructor, the educator can be utilized for: making existing teachers feel at ease and content, attracting qualified individuals, and encouraging teachers to teach. Preventive and repressive legal protection is the type of professional legal protection available to lecturers and teachers]]>
<![CDATA[TINJAUAN KRIMINALISASI PERBUATAN KOHABITASI DALAM PERPEKTIF HUKUM PIDANA ]]>
<![CDATA[Patrecia Melenia Yoanda Kartodinudjo]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v3i2.248
<![CDATA[The phenomenon of cohabitation or cohabiting is increasingly evident in people's lives, especially in Indonesia. Taboo acts have become increasingly evident with the times, living together in one house like husband and wife who have a household or family life but without a valid marriage bond. Indonesian society is increasingly becoming a modern society that does not want to be outdone by the times, but their notion of modernity is the opposite of where they live, namely Indonesia. Where in Indonesia the state considers the act to be a disgraceful act, violating the rules and values ??that exist and are inherent in oneself and the state. In the Criminal Code (WvS) by the Netherlands which had been absorbed and used by the Indonesian state as a basis for convicting or convicting someone who was proven guilty, it did not contain this cohabitation regulation, then the idea emerged to create its own legal product which was finally legalized in 6 December 2022 yesterday regarding the new Criminal Code. Which act of cohabitation is included in the offense in the new Criminal Code and is subject to criminal penalties for the perpetrator who committed the act. The purpose of making this journal is to find out what are the basic considerations for criminalization of cohabitation regulations]]>
<![CDATA[PENJATUHAN PIDANA MATI TERHADAP PELAKU PENGEDAR NARKOTIKA ]]>
<![CDATA[Rupertus Paskalianus Iwan Leki]]>;
<![CDATA[Hari Soeskandi]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v3i2.249
<![CDATA[The imposition of the death penalty on drug traffickers is still a long debate because it is not in accordance with the Human Rights Principles so that the application of the death penalty is still widely disputed. Indonesia as a country of law in Article 10 of the Criminal Code places the death penalty as the main crime so this is the problem because Indonesia is also a country that upholds human rights. This study aims to relent in how the death penalty is applied to drug dealers. In research is a literature study using the statutory approach method as the main source. In this study, it was found that the 1945 constitution article 28A provides guarantees for everyone to live and the right to maintain their lives as well as regulated in detail in Law Number 39 of 1999 concerning Human Rights. Of course, this is what makes it a problem because Indonesia still makes the death penalty the main crime]]>
