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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

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Published by Gapenas Publisher

ISSN : 27979598 EISSN : 27770621 DOI : https://doi.org/10.53363/bureau

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

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,

Arjuna Subject : Ilmu Sosial - Hukum

Articles 697 Documents

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PRESPEKTIF HUKUM PIDANA DALAM MEMPERDAGANGKAN SPIRIT DOLL DI MEDIA SOSIAL Nofaziah Eky Pratiwi; Otto Yudianto
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.250

Cultural diversity is a reality that has existed throughout history in human life. Cultural diversity or what is called cultural diversity is a necessity that exists on Indonesian soil. Cultural diversity in Indonesia is something that cannot be denied and historically the Indonesian nation has a variety of cultural diversity in it. Cultural diversity gives birth to customs and beliefs. There are various types and variations in beliefs that grow among the community, both in the form of rituals or in the form of offering ceremonies, belief in spirits, and dealing with sacred objects that store supernatural energy. One example is belief in amulets. In this research, I will explain about amulets that are packaged very cute and have many forms, functions and so on. This modern talisman is known as a spirit doll

PERLINDUNGAN HUKUM BAGI PEKERJA SWAKELOLA(PKWT) TERHADAP PERJANJIAN KERJA YANG BERTENTANGAN DENGAN UNDANG UNDANG NO 13 TAHUN 2003 Khrisna Mulya Sanjaya; Ahmad Sholikhin Ruslie
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.251

In the formation of an employment agreement, there is a self-managed work agreement which is also included in the procurement of goods and services, usually in its application it is called a work agreement for a certain time which is in the form of a work contract agreement. In practice, a work agreement issued by the company for employees is still contrary to the labor law when viewed from the formal juridical point of view of a work agreement. In this study, using a normative juridical method with a statutory and conceptual approach, it discusses the application of “Legal protection for self-managed workers against work agreements that are against the law”. The results of the study indicate that the company in making a work agreement appoints a Commitment Making Officer to make an agreement but still the contents of the work agreement are contrary to applicable law, so that with this worker need to be given protection in order to get welfare, especially for self-managed workers

KEDUDUKAN DAN HAK ANAK TIRI TERHADAP HARTA PENINGGALAN ORANG TUA TIRINYA DITINJAU DARI HUKUM KEWARISAN ISLAM Muhammad Rizal; Muh. Jufri Ahmad
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.252

The existence of stepchildren in a marriage requires legal certainty regarding their rights to the inheritance of their adoptive parents, because after all the presence of stepchildren is deliberately included in a legal marriage and stepchildren are in entitled protection to ensure they are future, regardless of status or status. position. Inheritance in Islamic law is an obligation must be fulfilled and is sometimes highly emphasized because the division of inheritance often causes adverse consequences for a family whose heirs are all left to die. The desire of humans who are too fond of property, often justifies various ways to obtain these assets, including inheritance from their own heirs. Basically, people who have blood relations or blood relations with the heirs become heirs, because of marriage to the heirs (husband or wife of the heir). Based on the above, the author can formulate several related issues, namely what is the position and rights of adopted children over the assets left by adoptive parents? and what about legal certainty regarding the rights of adopted children in the distribution of inheritance or gifts from adoptive parents? The purpose of this research is to find out and describe the position of stepchildren in Islamic inheritance law, then to find out and describe the legal certainty of the rights of stepchildren in the distribution of inheritance or grants given by their adoptive parents. The method used is regulatory research, which is an approach by studying and analyzing existing laws and regulations. The conclusion of this article is that adopted children are not heirs in the family

PENGAKUAN DAN PEMENUHAN HAK-HAK PENGANUT ALIRAN KEPERCAYAAN DI BIDANG ADMINISTRASI KEPENDUDUKAN Nico Ardine Faadihilah
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.253

The State of Indonesia has a diversity of tribes and cultures, Religions that have been recognized currently there are 6 religions namely (Islam, Christianity, Buddhism, Confucianism, Catholicism and Hinduism) regardless of the 6 religions that have been recognized by the Indonesian state, there is a stream of belief which has existed in Indonesia for a long time, but adherents of a belief system have not been recognized by the Indonesian state regarding the fulfillment of their rights in a Population Administration, the most obvious example and many people who embrace a belief system are not fulfilled Regarding access to religious education at the school level which should be obtained by adherents of that belief system, if in the population document it is recorded that it must be affiliated with the official state religions, then access to religious education is in accordance with official state teachings. If religion is adjusted according to population records, religious beliefs are recorded, access to education about religious knowledge should adjust to the beliefs adhered to, not forced to get access to religious knowledge that is appropriate in official religions. So in this study the author will try to explain the legal basis regarding beliefs in the Constitutional Court decision No.97/PUU-XIV/2016 which explains that the position of beliefs and religions should be placed equally, this also applies to adherents of beliefs who have the right -the same rights as adherents of official state religions in the field of population administration

PENARIKAN KEMBALI HARTA HIBAH SEBAGAI HARTA WARIS MENURUT KHI DAN KUHPERDATA Rizqi Saniyyah Putri; Ahmad Sholikhin Ruslie
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.254

Grants can be given to whoever the grantor wants, a grant is the voluntary and unrewarded giving of an object from someone to another person who is still alive to own it. Even though a grant can be given to anyone, the grant cannot be withdrawn except for a parent's gift to their child, this is contained in article 211 KHI, this is withdrawn because the adopted child receives threats from the parents because the gift assets that have been given are withdrawn and used as an inheritance to be given to his biological children. This type of research uses normative juridical with a statutory or conceptual approach It discusses (1) concept of withdrawing a grant, (2) comparisons between khi and the civil law regarding grants. The type of research used in writing this proposal is a type of normative law research. or normative juridical, one of the reasons for the transfer of property rights in the view of Civil Law and Islamic Law is through "Grants". By donating an object or item to another person, it means that something comes out of the owner who gave the gift and becomes the property of the person or legal entity that receives the grant. Thus, besides having a function and role as a transfer of power, this grant also has legal consequences and certain conditions, both according to Civil Law and Islamic Law. Therefore, grants are a means of solidarity among people, so all parties are expected not to manipulate grants that can deviate from their goals

PENETAPAN PENAHANAN TERHADAP TERSANGKA DALAM DUGAAN KASUS PEMBUNUHAN BERENCANA Safitri Mashuda Nurul; Abraham Ferry Rosando
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.255

Murder cases are abhorrent to basic human decency; Murder is defined in Article 338 of the Criminal Code and there are three different types of murder, namely firstly by accident and by mistake, secondly by intentional killing but with tools that are not meant to kill or to be toyed with and thirdly murders that are planned and carried out with the intent to kill. In accordance with Article 340 of the Criminal Code, premeditated murder is murder in which the method used to commit the murder, the time it was committed, or the method used to cover up the crime was intentional and planned. Two parts, or factors, make up the subjective and objective nature of premeditated murder. This is why the punishment is harsher than ordinary murder. As stipulated in the Criminal Procedure Code, a suspect or defendant has the right to be accompanied by a legal adviser during the entire interrogation process. Individual freedom of movement was severely restricted and eventually revoked during detention. Because the writer cannot ensure the integrity of the justice system here, the writer will use a normative juridical law study that takes a statutory and conceptual approach. Investigators, public prosecutors and judges must exercise due diligence and moral prudence within the limits of such arrest and/or detention

BATAS PARLEMEN PERLIAMENTARY THRESHOLD & PRESIDENTIAL THRESHOLD DI INDONESIA DALAM PRINSIP DEMOKRASI & HAM Putri Rummana Humairo; Ahmad Sholikhin Ruslie
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.256

According to article 22 E paragraph (2) of the 1945 Constitution, elections are carried out on the basis of fairness to elect people's representatives which are held every 5 years, in elections there is a parliamentary threshold to achieve democratic government, the purpose of holding elections is that citizens have the right to vote to elect representatives. the people in representative institutions at the government level in order to convey the aspirations of the people, in order to create fair competition, the implementation of elections must be better in each period, the formulation of the problems discussed are 1. Is the Presidential Threshold Perliamentary in accordance with a democratic perspective? 2. Is the MK decision No 48/PUU-XIX/2021 in accordance with the principles of democracy? The method used is reform-oriented research with a statute approach as well as a conceptual approach. Based on the analysis of legal material carried out, it is concluded that the Parliamentary Threshold & Presidential Threshold Limits in Indonesia are a form of democracy in the multiparty system that exists in Indonesia which is the content of democracy for public participation in the general election process to help determine the figure and direction of quality government leadership

VISUM ET REPERTUM SEBAGAI ALAT BUKTI DALAM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA Athaya Novita Andryanto Putri; Ahmad Sholikhin Ruslie
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.257

In realizing an orderly rule of law state to achieve the goals of the Republic of Indonesia, it is not uncommon to find very diverse problems in social life, even though everything has been regulated in each law, but it is not uncommon for crimes to exist in our country. One of them is crime in the form of domestic violence, which cases are very common nowadays. In the process of settling criminal cases, law enforcement officials have the obligation to collect evidence in accordance with the criminal cases they are handling. In accordance with Article 183 of the Criminal Procedure Code that a judge can impose a sentence on someone if there are at least two valid pieces of evidence against him. As for legal evidence, it has been determined and regulated in Law no. 8 of 1981 concerning the Criminal Procedure Code (KUHAP) in article 184 paragraph (1). One of them is Visum Et Repertum which has a role for the benefit of the judiciary, meaning that Visum Et Repertum is very helpful to the police in solving and disclosing all the causes and effects of a crime so that the perpetrators of these crimes can be held accountable for their actions in accordance with applicable law.

KEDUDUKAN BARANG VIRTUAL MENURUT HUKUM BENDA INDONESIA YANG DIATUR DALAM KUHPERDATA BUKU KEDUA TENTANG BARANG Yafet Febrian Valentino Tololiu; Muh Jufri Ahmad
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.258

This research aims to find out about the position of virtual Property in Indonesian object law which is regulated in the second book of the Civil Code concerning objects. This is due to the existence of virtual Property themselves which only exist in the virtual world or cyber world, but virtual Property are also treated the same as objects in general. This research was conducted using the Normative Juridical method, namely an approach from the point of view of law or applicable laws and regulations. Data from this study were collected by examining various kinds of formal legal principles such as laws, literature which are theoretical concepts which are then linked to the issues that are the subject of discussion. The analysis was carried out using a statutory approach and a conceptual approach which were then processed and arranged systematically and the results were presented in a qualitative descriptive way. The results of this study indicate that virtual Property are intangible objects regulated in the Civil Code (KUHPerdata) because they fulfill all the elements of intangible objects, namely: an object, part of property, can be owned, has no body, in the form of rights. However, virtual Property are not in the form of rights but resemble tangible objects that do not have a physical body. Therefore, in the last element of intangible objects extensive translation is carried out, namely by expanding the meaning that the meaning of intangible objects is not limited to rights, but allows other forms as long as they fulfill the elements of objects. Based on this discussion, this study recommends the need for a more in-depth study of virtual Property based on Indonesian law, so that regulations are created that explicitly regulate virtual Property in Indonesian material law. there is, or there will be

PERIZINAN USAHA LAUNDRY SEBAGAI UPAYA PENCEGAHAN PENCEMARAN LINGKUNGAN Dani Elsadai Figenius
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 : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i2.259

Licensing is one of the important factors for environmental control of waste that has the risk of polluting the environment. Along with the development of increasingly sophisticated technology, many new business ventures have emerged. These business enterprises, of course, need to obtain a business permit from the local government. One of the businesses that the community likes is the laundry business. Laundry businesses need to have a permit, this is because a business needs to obtain a permit from the government, so that the business can be officially registered. The use of secondary data by means of addition, the analysis of informative qualitative methods, the presentation of idata based on a theoretical framework, and the understanding in the qualitative method, the normative juridical approach, the statutory approach, and the presentation with the specification of descriptive research in interpreting the data are the research methods that will be used. Ilaundry businesses must have a permit. The importance of obtaining permits for this laundry business is because it is related to the waste that is disposed of, because in its operational operations, a lot of laundry businesses use chemical additives. For this reason, a laundry business needs to have a permit from the government. In addition to having to comply with government regulations related to laundry business licenses, the in-laws doing the laundry business also have to comply with environmental permits and permits for disposal of laundry waste. This disposal permit cannot be separated from a business permit. because the laundry business itself has risks that are quite large, the impact on the environment. Businesses that have risk must comply with applicable regulations, namely Government Regulation Number 15 of 2021 concerning Implementation of Risk-Based i-Business Licensing

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Editorial Address Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location Kota tangerang, Banten INDONESIA

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

Phone
+6285885400000

Journal Mail Official
admin@gapenas-publisher.org

Editorial Address
Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location
Kota tangerang,

Banten

INDONESIA