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[PEMERIKSAAN SAKSI DALAM PERSIDANGAN TELECONFERENCE PADA MASA PANDEMI COVID – 19 ]]>
<![CDATA[Mochamad Arief Setiawan]]>;
<![CDATA[Otto Yudianto]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.43
<![CDATA[The Covid-19 pandemic has made evidence through witness examination evidence encounter changes, which were followed by knowledge from experts in the field of science and technology. The influence of the advancement of today's science and technology into the practice of trial cases in the field of criminal procedural law that affects the proof of evidence by examining witness statements previously in the Criminal Procedure Code was required to be present in the courtroom and then examined and questioned by the judge and must also be sworn in in the room. The trial turns into witnesses who can be sworn in and asked for a statement by the judge via electronic means with the term being a teleconference trial. The practice of this teleconference trial still has to bring judges along with prosecutors and legal counsel to court, but defendants and witnesses are not welcome to come if they encounter obstacles to come and can be sworn in and asked for information via video telephone via cellphone or other electronic devices that can use the internet. The defendant and the witness still have to attend the trial directly, but it can be carried out from home or other supportive places because electronic devices are able to make judges and legal advisors and prosecutors see directly from a distance the witness and defendant through the cellphone screen. To keep up with the times, the government of the judiciary, namely the Supreme Court, issued PERMA No. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically as a regulation for holding teleconference trials. This poses a problem when viewed in the Criminal Procedure Code which requires the defendant to be present in the courtroom (Articles 154 and 196). In the criminal trial process is also based on the legal principles “Examinations are carried out directly and orally. The method used in this research is normative research method. Witness testimony delivered by teleconference is not regulated in the Criminal Procedure Code. LPSK regulates through Law 13 of 2006 article 9 emphasizing that there are 3 options for witnesses if they are not required to come in person during the trial. The Supreme Court through its regulations, namely PERMA No. 4 of 2020, explains the sequence and stages of court case affairs which are carried out by utilizing internet facilities starting from the beginning of the process to the procedure for asking witness statements via tele conference to fill legal voids that occur due to forced circumstances (Force Majeur). caused by the covid-19 pandemic]]>
<![CDATA[SANKSI TERHADAP PENYELENGGARA E-COMMERCE APABILA GAGAL DALAM MELINDUNGI DATA PRIBADI PENGGUNA ]]>
<![CDATA[Achmad Rafli Hidayah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.44
<![CDATA[This study focuses on imposing sanctions on e-commerce providers if they fail to protect their users' personal data. The purpose of this study is to find out the sanctions given to e-commerce providers if they fail to protect the personal data of their users based on the legal basis in force in Indonesia. The method used is a normative juridical research method, which means that the approach used in conducting this research is by approaching, examining, concepts and related theories to examine the Perpu that can answer the legal issues in this research. This type of research is a study of legal systematics by conducting research that has the aim of identifying the meaning and basis of the existing law. The results of the study indicate that there is a legal basis that can ensnare e-commerce providers if they fail to protect their users' personal data]]>
<![CDATA[AKIBAT HUKUM PERBEDAAN PENYELESAIAN PERSELISIHAN HUBUNGAN KERJA TERHADAP UNDANG-UNDANG CIPTA KERJA ]]>
<![CDATA[Bayu Priyo Jatmiko]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.45
<![CDATA[Disputes or dispute cases often occur between workers/laborers and employers. So the government established the Industrial Relations Court (PHI) as the main institution for resolving disputes between workers and liberal employers. The course of the problem is entirely in the hands of the litigants. So the purpose of this research is for workers/labourers, trade unions, and employers to know the differences from the Termination of Employment. Policies according Constitution number 13 year of 2003 concerning Emploiment and constitution number 11 year of 2020 in a precise and binding manner. Using normative research with the aim of answering scientifically based issues. From this research, the researcher offers results for workers/laborers of legal protection from the labor system. 1) protection of wages, 2) protection of workers' safety and health, 3) and protection of workers' basic rights]]>
<![CDATA[PEMENUHAN HAK BURUH DALAM PEMBERIAN PESANGON MENURUT PASAL 43 PERATURAN PEMERINTAH 35 TAHUN 2021 ]]>
<![CDATA[Clarisa Fitri Milenia Turnip]]>;
<![CDATA[H.R. Adianto Mardijono]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.46
<![CDATA[The purpose of this research is to determine whether the rights of workers in providing severance pay according to article 43 of government regulation 35 of 2021. Fulfillment of rights is the obligation of every person to have rights which are everything that must be obtained by individuals because these rights are inherent in each of them. Same thing with work. It is known that government laws and regulations also limit workers and severance pay. Basically, a worker/labourer is a person who works in a company who has the right to receive an imbalance or wage from a company where he works, the company also has regulations and the government also provides regulations to employees. The company is known that the rules that have been set by the government are the ones that must be obeyed by every company. The existence of a working relationship with this company creates a working relationship between the worker and the entrepreneur that not only builds a relationship but also the company and the worker/laborer may experience termination of employment in that the worker/labourer is entitled to receive an imbalance or severance pay at the time the worker/laborer is working or at the end of the job. the relationship between the ape and the company is obliged to provide the workers' rights. In presenting these rights the company must fulfill a decent life for workers, because of the existence of laws and government regulations in order to create proper fulfillment of rights for workers/workers. The method used in this research is to use the legal and conceptual approach. In this study, it will be known whether the labor severance pay in Article 43 of Government Regulation 35 of 2021 is in accordance with the right to a decent life according to the 1945 Constitution of the Republic of Indonesia]]>
<![CDATA[PENEGAKAN HUKUM KEPADA PENYANYI COVER DI YOUTUBE BERDASARKAN UNDANG-UNDANG HAK CIPTA ]]>
<![CDATA[Bramantyo Hutomo Ramadhana]]>;
<![CDATA[Abraham Ferry Rosando]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i2.47
<![CDATA[This..paper is intended to study and research related. to how to enforce the law against cover singers on the Youtube platform, because basically this activity will invite various opinions related to someone's copyright. In the discussion of this research, the author will use the type of normativ...Legaal. .reesearch. Normative legal reesearch is legal research to..find thee..Ruleof law, legalprinciples,and legaldoctrines in order to answerthe legalissue faced, normativelegal ressearch is carried out to fin,d solutions to existing legal issues. The results of several existing studies explain that one of the events found on online platforms, especially Youtube, is the frequent occurrence of violations related to song copyrights committed by Cover content creators, in this case republishing the copyrighted works of people as songwriters and.not awarre..of the iimportance..of the..ecconomic rights.and mo,ral..rightsof..th,e songwriter. From this incident, it..canbe..conclu,ded that.there is..no awareness and strict regulations regarding copyright of songs sung again on several online platforms, especially Youtube and also the importance of specific government regulations in the use of song copyrighted works on online platforms]]>
<![CDATA[KESESUAIAN PERMENKOMINFO NOMOR 05 TAHUN 2020 DENGAN PRINSIP KEBEBASAN BERPENDAPAT DAN BEREKSPRESI DALAM HAK ASASI MANUSIA ]]>
<![CDATA[Ridho Dwi Rahardjo]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i2.48
<![CDATA[The current government can block Electronic System Operators through Regulation of the Minister of Communication and Information Number 5 of 2020 concerning Private Scope Electronic System Operators. However, this regulation does not regulate in detail. This study aims to find things that must be done whether they are in line with the principles of freedom and expression. By going through a normative approach method with the aim of answering issues based on the scientific side. The results of this study indicate that Permenkominfo No. 5 of 2020 is not in accordance with the principle of freedom of opinion and expression because the regulation related to the phrase "disturbing" does not have detailed indicators. So that if the government considers content to be troubling, the government can take repressive measures. Meanwhile, the troubling indicators in this regulation have not yet been developed. This is because freedom of expression and opinion is protected by applicable laws and cannot be contested. And it is necessary to look for new things related to the government's efforts to monitor and provide legal protection for personal data or privacy without limiting the rights of every citizen]]>
<![CDATA[PEMALSUAN IDENTITAS ANAK DALAM AKTA OTENTIK OLEH KELUARGA KORBAN AKIBAT PEMERKOSAAN ]]>
<![CDATA[Nurul Fakhriyah]]>;
<![CDATA[Ahmad Mahyani]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i2.49
<![CDATA[The purpose of this study is to find out how the state guarantees rape child status, that no one wants to be the victim of one's vile act, the result of rape is not uncommon in trauma, pregnancy. The birth of a child must have been a heavy responsibility for the victim to assume a new status as a mother of an unwanted child. Everyone is protected and granted rights by the state from the womb until it recovers age. While a rape victim is allowed to have an abortion, it is not uncommon for a victim to keep her pregnancy in check until the child resulting from rape is born in the world. The birth of the child is certainly born as well as the rights of the child, the parental obligation to give to the identity of the child which is guaranteed by the state should be highly valued and respected to protect the dignity and dignity of the child as it is defined by the legislation on child protection, when the rights of the child are taken away by the family as a result of rape, there isa conflict between the rules and the fact that the child has lost his identity as a result of the selfishness of the party. The child has a right to have an identity on him since he was born in the world. The child in general from the rape right to know his or her identity starting with his or her biological parents, usually hidden in order to cover up the shame of the rape victim's family. This would surely be fateful for the present and future because authentic deeds are the letters used for human life. It is ignored by the victims' families, whereas it is a violation of the penal penal code on the part of authentic deed forgery as long as the maximum prison penalty of six years is threatened, and it is charged with 2016's second amendment act on child protection]]>
<![CDATA[KESEJAHTERAAN PSIKOLOGIS TENAGA MEDIS DI MASA PANDEMI ]]>
<![CDATA[Faqih Purnomosidi]]>;
<![CDATA[Adinda Rizkila]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 2 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
Publisher : <![CDATA[Gapenas Publisher ]]>
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DOI: 10.53363/bureau.v2i2.50
<![CDATA[This journal reviews the psychological well-being of health workers in dealing with the pandemic period due to the COVID-19 that has attacked almost all countries in the world. This study aims to determine the impact of the Covid-19 virus on the psychological condition of health workers. The sample used is 7 representatives of health workers such as midwives and nurses who work in the city of Surakarta. The sampling technique used in this research is quota sampling with data collection using interview and observation techniques. The type of research in this journal is qualitative research with a naturalist paradigm. The results of this study indicate that health workers have not fully achieved psychological well-being. There are still many of them who feel pressured in carrying out their work. The conclusion that can be drawn from this research is the need for full support from the community for health workers related to their work. If health workers achieve psychological well-being, they can work happily and calmly so that the recovery rate will increase]]>
<![CDATA[PENEGAKAN HUKUM TERHADAP PENGGUNAAN KEWENANGAN DISKRESI YANG BERIMPLIKASI TINDAK PIDANA KORUPSI ]]>
<![CDATA[Muhammad Samsul Qamaruddin Bowta]]>;
<![CDATA[Hufron Hufron]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i3.51
<![CDATA[The government has the power to intervene in all aspects of people's lives through public power, including areas not regulated by law. This condition then causes the state to need its own initiatives and policies. This is what is called the concept of discretion in administrative law. However, the exercise of discretion also tends to detect abuse and arbitrariness of duties, which can result in criminal acts of corruption as referred to in Article 3 of the Anti-Corruption Law. Because the discretionary authority is for the public interest or the public interest, then if the discretionary authority is used for purposes other than the public interest or the public interest, then the discretionary act becomes a criminal act of corruption in terms of crime. This could be considered the abuse of influential work.]]>
<![CDATA[CIVIL FORFEITURE SEBAGAI UPAYA PENGEMBALIAN KERUGIAN NEGARA PADA TINDAK PIDANA KORUPSI ]]>
<![CDATA[Pradani Tyas Septiana]]>;
<![CDATA[Wiwik Afifah]]>
<![CDATA[ Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 3 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance ]]>
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DOI: 10.53363/bureau.v2i3.52
<![CDATA[Corruption is one of the causes of poverty in many countries, including Indonesia. Corruption causes state losses, so that the return of state financial losses must be carried out by corruptors to restore the Indonesian economy. The mechanism for recovering state financial losses has been regulated in Indonesia through criminal and civil channels. However, the implementation has not been optimally carried out by the State. Based on this, this study aims to determine the concept of civil forfeiture in returning state losses from corruption. The research method used is normative juridical. The results of the study state that in Indonesia the concept of returning state losses is based on criminal charges carried out by the Public Prosecutor and then executed by investigators, while the concept of civil forfeiture is carried out in a civil manner, where civil claims are carried out simultaneously with criminal charges. This is implemented in the United States, and in Indonesia it has the potential to apply it so that the return of state financial losses can be carried out optimally]]>
