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INDONESIA
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Published by Gapenas Publisher
ISSN : 27979598     EISSN : 27770621     DOI : https://doi.org/10.53363/bureau
Core Subject : Social,
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
PERLINDUNGAN HUKUM DALAM KASUS KEKERASAN DAN PERBUDAKAN MANUSIA Dianita Putri Oktavia Damayanti; Frans Simangunsong
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
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.53

Abstract

Human rights are legal instrument that must be respected, upheld, and protected by the state. Within human rights itself, there are rights to life, the right not to be tortured, and the right not to be enslaved. With the regulation on Human Rights and the Crime of Trafficking in Persons, everyone gets legal protection from acts that degrade human dignity. The consequences of criminal penalties for the perpetrators absolutely must be strictly enforced against those who have injured humanity
KONSEP REHABILITASI SOSIAL PADA ANAK KONFLIK HUKUM (AKH) Ahmad Nasrudin Fadli; Wiwik Afifah
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
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.54

Abstract

Children in conflict with the law must be responsible for the violations/crimes committed, but also have the right to receive rehabilitation including social rehabilitation. This article aims to determine the concept of social rehabilitation for children in conflict with the law. As the Juvenile Criminal Justice System has regulated diversion and the rights of children as suspects. Children in conflict with the law must be held accountable for their actions either through formal legal processes or through diversion. In accountability through formal legal processes and diversion they get social rehabilitation rights, social rehabilitation is a process of re-functionalization and development so that a person is able to carry out his social functions well in social life. Social rehabilitation is an action taken against children who are in conflict with the law through diversion for children. If through the criminal justice process for children over 12 years old, the child will receive a determination of social rehabilitation measures at the Social Welfare Institution (LPKS) within a certain period of time with the supervision of social workers carried out under the Ministry of Law. and Human Rights (Kemenkumham).
PRINSIP KE HATI-HATIAN DALAM PERJANJIAN KREDIT MELALUI E-COMMERCE (AKULAKU) Dwi Ajeng Ayu P; Dipo Wahyoeono
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
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.55

Abstract

Along with current developments, providing support in a wider variety of business networks without limits, accessing the internet is not limited to accessing information only through available media, but can also be used as a means of trading sales transactions with various existing market place platforms, as well as a network that wide to no limit of time and place. In its implementation of online applications, there are still many obstacles and problems that occur, as a result of the occurrence of a bad system from the banking system, namely superiors or actors who often behave badly and pay less attention to the principle of prudence in doing business. The fundamental statement that is used as a benchmark by a person or group of people is the principle in carrying out an action and a statement of their thoughts, one of the principles contained in the law is the principle of prudence which is the principle of environmental law that regulates which behavior should be avoided. Then the formulation of the problem that will be used is 1. How to apply the precautionary principle in the e-commerce credit system (Akulaku)? 2. What are the legal consequences if you do not apply the principle of prudence in credit agreements? The research method used is normative legal research in order to find legal rules by carrying out 2 (two) approaches, namely the statutory approach and the conceptual approach. 5 C, Character Value, Ability Value, Capital Value, Collateral Value and Value on the debtor's business prospects, in making a credit purchase if there is a violation, it will result in legal consequences and the party who violates it will be subject to a maximum fine of Rp. 100,000,000,000
PERLINDUNGAN HUKUM PENGGUNA JASA TUKANG GIGI TERHADAP DUGAAN MALPRAKTIK Dicky Nur Oktaviano Rizafaza; Yovita Arie Mangesti
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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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.56

Abstract

This legal research aims to determine the regulation of the practice of dental artisans in health services as well as to determine the legal protection of dental artisan service users in the practice of dental artisans. This research was conducted using normative legal research methods. The research approach is a legal approach (statute approach) and a conceptual approach (conceptual approach). Based on this research, it was found that the regulation regarding dental practice refers to the Regulation of the Minister of Health no. 39 of 2014 concerning the Guidance, Supervision, Licensing and Employment of Dentists issued based on the Constitutional Court Decision Number 40/PUU-X/2012 which is a Judicial Review decision. This rule does not provide legal protection for dental artisans who experience malpractice. Violations committed by dental artisans in carrying out their work cause victims to suffer losses. The legal implication of the absence of complete positive legal regulations and legal certainty from the government is an opportunity for dental artisans to practice or act beyond their authority, which results in the emergence of allegations of malpractice, which incur losses for consumers who perform dental care for the dental artisan. Legal protection should be provided through a new law on the practice of dental artisans which contains the authority of dental artisans so that there is a limit to the authority of dental artisans who are different from dentists. For dental artisans who practice as if they were dentists, they have violated Article 78 Number 29 of 2004 concerning Medical Practices with criminal sanctions.
LEGAL STANDING KURIR EXPEDISI MENGIRIM BARANG BERUPA NARKOTIKA KARENA TIDAK MENGETAHUI Gede Agung Raynanda Putra Nuryanta; Ahmad Mahyani
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
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.57

Abstract

Along with the development of technology, it makes it easier for humans to find information in various things that exist in the digital era or the current era and the advancement of telecommunication technology eliminates distance and the world becomes borderless world. Conventional buying and selling itself has been done since ancient times and with it developments that there is buying and selling is experiencing developments where buying and selling in the current era which we usually call the E-Commerce buying and selling system, the development of buying and selling is a person or seller who is in the online buying and selling application selling as well as possible, one of which is narcotics which has been described in Law 35 of 2009 on the Narcotics Law Article 1 paragraph 1 states that narcotics are artificial substances or those derived from plants that have hallucinatory effects, decrease consciousness, and cause addiction. These drugs can cause addiction if used excessively. The use of these substances is as a painkiller and provides calm. Abuse can be subject to legal sanctions. A person who buys narcotics via E-commerce where there is no sanction that ensnares the seller in the Buying and Selling Application they sell narcotics with indications of male strong drugs, in this problem In the Narcotics Act itself there are which elements for those who know or do not know can be subject to criminal penalties, because in their duties the sender of goods or couriers who carry out their duties can be punished based on the Narcotics Law, therefore the author wants to research related to Legal Arrangements on Expeditionary Couriers who carry out their work
PENEGAKAN DAN PERLINDUNGAN HUKUM TERHADAP KORBAN PELECEHAN SEKSUAL SECARA VERBAL Melati Intan Puspita; Budiarsih Budiarsih
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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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.58

Abstract

Criminal provisions are regulated in the Criminal Code. Formed by the legislature to provide protection against immoral acts or criminals, and behavior in the form of unethical words or actions against good morals. This is because it relates to the sex life habits of the local population, contrary to the notion of community validity in the area of ??sex life where words are spoken and actions are performed. This investigation is a normative legal investigation or a normative legal investigation. Normative legal investigations, or normative legal investigations, are investigations that discuss legal principles, the legal system, the scope of legal synchronization, legal history, and legal comparisons. From the authors' findings, we can conclude that the initial prosecution of verbal sexual harassment has not been successful because of the obstacles in the process. These restrictions include factors of the law itself, factors of law enforcement, and community factors. Second, crime prevention occurs in several stages: development, implementation, and execution. The Criminal Procedure Code also needs to consider two main points of criminal law policy. Protection of victims of verbal violence by Catcalling is Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims, Article 5 of Law Number 31 of 1999. This can be done through rights contained in edition 39. TPKS Rights Law no. 12 Year 2022
KEKUATAN PEMBUKTIAN ALAT BUKTI ELEKTRONIK DALAM PERADILAN PIDANA E-LITIGASI BERLANDASKAN NILAI KEADILAN Nadya Widiawati; Achmad Solikhin Ruslie
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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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.59

Abstract

There are problems applying the principles contained in the Criminal Procedure Code, where the emergence of the Corona Virus Disease 2019 or Covid-19 at the end of 2019 had a major impact on the world. This virus has claimed many lives in Indonesia, which has the highest number of infected and dead in Southeast Asia. The Covid-19 virus itself, according to the World Health Organization (WHO) is transmitted through one of them through droplets of people who have been infected which cause obstacles in a number of face-to-face activities, one of which is in terms of law enforcement in Indonesia. Along with the development of this virus which has not shown a decline, the three finally had time to make a Memorandum of Understanding (MoU) contained in the cooperation agreement between the Supreme Court of the Republic of Indonesia, the Attorney General's Office of the Republic of Indonesia, the Ministry of Law and Human Rights of the Republic of Indonesia Number: 402/DJU/HM.01.1 /4/2020, Number : KEP-17/E/Ejp/04/2020, Number : PAS- 08.HH.05.05 Year 2020 concerning the Implementation of Trials Through Teleconference. As a result of this MoU, there is a change in the procedural law process in court. The development of the E-Court, which so far has only been limited to serving the administration of cases electronically by adding electronic services, has received legal protection based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2019 concerning the Administration of Cases and Trials in Courts Electronically. E-court is a court instrument as a form of service to the community in terms of registering cases simultaneously with evidence in electronic courts, so if we refer to the criminal law of proof in a case, the existence of online or other names called E-Litigation is not in accorkemudiance with the theory of justice, where the theory of justice itself according to Aristotle understands justice in understanding equality
PERLINDUNGAN HUKUM ATAS KEKERASAN SEKSUAL BAGI KAUM PENYANDANG DISABILITAS TUNA NETRA Rama Yanuar Rizky; Ahmad Mahyani
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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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.60

Abstract

So far, people with disabilities have experienced various kinds of discrimination, especially women. Women with disabilities are very vulnerable to being victims of violence, including sexual violence. Various reports in the media show that there are many women with disabilities. Over time, we are often surprised by the emergence of several cases involving persons with disabilities. One of the cases experienced by persons with disabilities is being a victim of rape. The situation of disabled people who are victims of sexual violence is worrying, not only because they are a vulnerable group, but also because many do not receive legal protection. From 2015 to 2016, there were 74 cases of sexual violence in Yogyakarta, of which 3 were handled through legal channels and other cases were medical, psychological and even medical, psychological and even the same way, the Advocacy Center for Women and Children with Disabilities (Advocacy Center for Women and Children with Disabilities). Persons with Disabilities). SAPDA) DIY published a study in 2016 which found that 84.5% of violence against women with disabilities did not have legal protection. Since the enactment of Law No. 8 of 2016 concerning Disabilities which was ratified by President Joko Widodo on April 15, 2016, there is no longer any mention of the term "disability" for people with physical limitations. The Disability Policy is the commitment of the Indonesian government to regulate the protection and fulfillment of the rights of people with disabilities in Indonesia
PENCEGAHAN PEMBAJAKAN ATLET E-SPORTS MELALUI PERLINDUNGAN HUKUM KEPADA TIM E-SPORTS Cantika Maulidea; Ahmad Mahyani
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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Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.61

Abstract

E-sports is a modern sport that is currently quite popular and promising in Indonesia. In competitive sports, unsupportive things often happen, one of which is poaching. Poaching is considered unsupportive because it can cause losses to E-sports teams whose athletes are illegally captured. Because of this, there needs to be legal protection to limit the actions of the parties involved in the E-sports ecosystem. This research uses normative legal research methods as a method to find out what are the legal consequences of the existence of poaching and to analyze how forms of legal protection can be applied to E-sports teams as a form of prevention or rule over poaching practices. The results of this study found that the result of the poaching was the emergence of sanctions in the form of compensation, and legal efforts to protect the E-sports team from the poaching are through PBESI regulations and the arrangement of specific clauses in employment agreement contracts
TINDAK PIDANA PENCEMARAN NAMA BAIK BERDASARKAN PASAL 310 KUHP Faris Septyan R
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
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i3.62

Abstract

The purpose of this research is to find out what actions are included in the criminal act of defamation and what elements are contained in Article 310 of the Criminal Code and Article 27 paragraph (3) of the ITE Law relating to defamation. By using the normative juridical research method, it is concluded: 1. That in the criminal act of defamation there are acts which include insults contained in Article 310 of the Criminal Code, Article 311 of the Criminal Code, Article 315 of the Criminal Code, Article 317 of the Criminal Code, and Article 318 of the Criminal Code. 2. The criminal act of Defamation has elements included in it. These elements are the basis for us to assess the existence of an act of defamation, in these elements we can categorize every act committed by the perpetrator. If the perpetrator commits defamation by slandering someone, what we see are the elements included in the slander, whether it can be categorized in slander or more clearly the perpetrator committed a criminal act in Article 311 of the Criminal Code. We have to look at the elements in it, if indeed the perpetrator did what is in the elements of Article 311 of the Criminal Code, the perpetrator could be imprisoned under that article

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