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Program Studi Hukum Program Doktor Universitas 17 Agustus 1945 Semarang Jl. Pemuda No. 70, Kelurahan Pandansari, Kecamatan Semarang Tengah, Kota Semarang, Jawa Tengah 50132 Telp. (024) 8640079
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INDONESIA
Journal Philosophy of Law
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
The scope of this journal includes the study of Health Law, Economic and Business Law, Criminal, Civil, State Administration, International Law, Human Rights, Customary Law, and Environmental Law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
Search results for , issue "Vol 3, No 2 (2022)" : 5 Documents clear
LAWS AND OBSTACLES IN COUNTERING TERRORISM AND HUMAN RIGHTS VIOLATIONS Archi Rafferti Kriswandanu
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3357

Abstract

Terrorism is an extraordinary crime that is of concern to the world today. Not just acts of terror alone, but acts of terrorism also violate human rights as fundamental rights that are naturally inherent in human beings, namely the right to feel comfortable and safe or the right to live. In addition, terrorism also causes casualties and damage to property. Acts of terrorism also damage the country’s stability, especially in the economy, defense, security, etc. Meanwhile, sociologically, acts of terrorism damage spiritual values in the order of social life by giving rise to religious arguments as justification for these acts of terror. The impact of this crime is innocent people who are victims of heinous and inhuman acts of terrorism. This is what underlies the importance of solving the problem of terrorism completely.
THE POLICY OF LEGAL PROTECTION FOR FEMALE PRISONERS IN CLASS II A FEMALE CORRECTIONAL INSTITUTIONS IN SEMARANG Martinus Aditya Pardiyanto
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3360

Abstract

Women convicts, as a vulnerable group in society, are a group that must receive guaranteed protection for their human rights. The problem in this research is the legal protection of female prisoners in the Class II A Women’s Prison in Semarang, the problems faced, and the efforts made to overcome the problems in providing legal protection to female prisoners. The approach method used is juridical-normative. This research is descriptive-analytical. The types of data used are secondary data and primary data. Data collection methods include library research, interviews, and documentation studies, and are then analyzed descriptively and qualitatively. Based on the study’s results, it can be seen that legal protection for female prisoners in the Class II A Women’s Prison in Semarang is carried out by fulfilling all the rights of female prisoners as stipulated in the legislation. In principle, all the rights of women prisoners have been granted and fulfilled, although they are still limited and not yet at the maximum level. Problems faced by the Semarang Women’s Class II A Prison in providing legal protection to female prisoners, including: (1) the limitations of existing human resources, both in quantity and quality; (2) over capacity; (3) the condition of the prison building is not following the minimum standard; (4) the lack of health facilities provided; (5) the lack of information and communication systems; and (6) minimal operating budget. Efforts made by the Class II A Women’s Prison in Semarang to overcome these problems, such as (1) increasing the quantity and quality of prison officers either through proposals for adding new employees, partnership cooperation, or through correctional technical training; (2) proposing new women’s prisons in the area of Central Java province and simplifying procedures for fulfilling the rights of inmates such as assimilation, CMB and PB consistently and transparently; (3) the renovation of prison buildings adapted to the concepts and ideas of correctional that leads to the fulfillment of the rights of women prisoners; (4). improving the health facilities and facilities for the residents of prisons; (5) procurement of information technology-based correctional service facilities and infrastructure; (6) implementing a budget system based on the real needs of the correctional process and the fulfillment of special unit costs. This study concludes that the legal protection of female prisoners in the Class II A Women’s Prison in Semarang follows what is mandated in the legislation.
LEGAL ARRANGEMENTS FOR THE ENFORCEMENT OF THE NEUTRALITY VIOLATION OF THE STATE CIVIL APPARATUS (ASN) IN SIMULTANEOUS REGIONAL HEAD ELECTIONS (CASE STUDY IN SRAGEN REGENCY) Diyah Nur Widowati
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3359

Abstract

The State Civil Apparatus (ASN) role is crucial to carry out government affairs within the framework of achieving national goals. In carrying out these duties as a state apparatus, they must provide services to the community in a professional, honest, fair, and equitable manner in carrying out state, government, and development tasks. ASN must be neutral from the influence of all political groups and parties and not discriminate in providing services to the community. In 2015, Sragen Regency participated in celebrating the democratic party, namely the simultaneous election of regional heads and deputy regional heads on December 9, 2015. The Panwaslu (Election Supervisory Committee) of Sragen Regency found and received reports that many ASNs were not neutral. The Panwaslu report reached KASN, and several cases were left without follow-up handling and seemed to evaporate. This study uses qualitative research methods to obtain facts regarding the problem of ASN neutrality in the Sragen Regency in the 2015 simultaneous regional elections. The unit of analysis in this research is the Panwaslu of Sragen Regency and the Education and Training Personnel Agency (BKPP) of Sragen Regency. Data collection techniques used are in-depth interviews and documentation to complete the data in this study. ASN violations occurred before the campaign period and during the campaign period. The number of ASN is not neutral by attending campaigns, other stage activities, and providing campaign materials using state facilities such as office buildings and ASN official vehicles. Of course, the involvement and alignment of ASN in the 2015 Regional Head Elections is due to the incumbent candidate. The Sragen Regency Government, namely the Sragen Regent, should give sanctions or disciplinary punishments to ASN who are not neutral in following the existing laws and regulations. The Sragen Regent should be more firm in responding to this non-neutral ASN case. Legal arrangements are needed to handle ASN Neutrality violations in the General Election and Simultaneous Regional Head Elections.
MECHANISM FOR SETTLEMENT OF DEFAULT IN THE MORTGAGE LOAN AGREEMENT AT PT. BPR BKK PURWODADI GROBOGAN Imron Chumaidi
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3361

Abstract

This study aims to determine the mechanism for settling defaults in the imposition of credit contracts at PT. BPR BKK PURWO-DADI GROBOGAN and to understand the ideal default settlement mechanism in imposing credit contracts at PT. BPR BKK PURWODADI GROBOGAN. This research uses a sociological juridical approach, and the research specification is descriptive-analytical. The data used are primary data, secondary data is data obtained directly from the field using inter- views, and secondary data is library research. The results obtained: 1) If the Customer defaults in fulfilling his obligations in terms of installments or loan repayments, then settle the default against the Debtor, PT. BPR BKK PURWODADI GROBOGAN makes a settlement by conducting an auction at the KPKNL and completing the auction terms and Failure to Settle Dispute in Court 2). If the customer de- faults in fulfilling his obligations in terms of installments or repayments, the ideal default loan settlement mechanism in imposing credit agreements are by Settlement of Banking Disputes Through Mediation Forums, Warning Letters, Refinancing/Refreshing, Personal Guarantees, sale of assets/objects guarantee together.
TRAFFICKING CRIME PREVENTION POLICIES FROM A PHILOSOPHICAL, SOCIOLOGICAL, AND JURIDICAL PERSPECTIVE Sri Wulandari
Journal Philosophy of Law Vol 3, No 2 (2022)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v3i4.3352

Abstract

The article was written to analyze the policy of overcoming the crime of trafficking as regulated in Law no. 7 of 1984 concerning the Ratification of the Convention on the Elimination of All Forms of Discrimination and Law no. 21 of 2007 concerning the Crime of Human Trafficking (Trafficking). Human trafficking is a criminal act and violates human rights. Considering that Indonesia is the country of origin for the victims of human trafficking, the number of which is quite large, it is necessary to follow up with instruments in the form of prevention and the provision of criminal sanctions. This article addresses two questions: First, how is the legal protection for women and children victims of human trafficking? Second, what is the policy for dealing with trafficking crimes from a philosophical, sociological, and juridical perspective? This article concludes that the crime of human trafficking often occurs in vulnerable groups, namely women and children (victims), motivated by economic, social, and cultural factors. Efforts to protect victims’ rights have been carried out even though they have not been optimal through the prevention and prosecution of perpetrators. Law enforcement against the crime of trafficking is carried out with the concept of punishment and providing compensation/restitution to victims and/or their families. Trafficking is a transnational crime, so handling crimes needs to be done bilaterally/multilaterally. In addition to prioritizing penal facilities, it is necessary to seek non-penal means, involving the community in preventing and overcoming crime through preventive and repressive efforts.

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