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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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Journal Philosophy of Law
Published by Universitas 17 Agustus 1945 Semarang
ISSN : -     EISSN : 28091000     DOI : 10.35973/jpl.v2i2.2313
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
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
 1 
Search results for , issue "Vol 5, No 1 (2024)" : 5 Documents clear
POLICY OF HEALTH CHECK-UP ON PROSPECTIVE HAJJ PILGRIMS Roslan, Rosidi; Darojat, Rofiud; RF, Mochamad Gesta; Nugraha, Andhika; Aimanah, Ira Ummu
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4894

Abstract

The purpose of this study is to investigate and analyze the health examination policy for Prospective Hajj Pilgrims (PHP) and the issues encountered. The research method employed is juridical-normative, using a legislative approach, with secondary data consisting of legislation and reference sources. The collected data were analyzed using descriptive-analytical techniques. The findings indicate that the PHP health examination program by the district health office has implemented the Minister of Health Regulation regarding PHP Health Isthita'ah through a first and second stage examination mechanism for determining health isthita'ah status which includes anamnesis, physical examination, supporting examinations, diagnosis, determination of health isthita'ah, recommendations, and follow-up plans on examination results. However, there are policy gaps regulating disease criteria that meet the istitaah requirements and are fit to fly at the third stage of inspection. There is no continuity of the first and second stage inspection policy with airworthiness. Technical instructions that regulate the limits of the health development program for PHP need to be adjusted to improve the health status of those PHP and provide certainty regarding the departure of PHP in terms of health.
PATTERN OF RELATIONSHIP BETWEEN THE CAPITAL CITY OF THE NUSANTARA AND THE GOVERNMENT OF EAST KALIMANTAN PROVINCE Ramdhan, Isnaeni; Rachman, Cipta Indralestari; Novratilova, Monica Ruzz
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4896

Abstract

The position of the Nusantara Capital City as the capital of the unitary state of the Republic of Indonesia in the territory of East Kalimantan Province, not only refers to Law Number 3 of 2022 concerning the National Capital City but also refers to Law Number 23 of 2014 concerning Regional Government and its amendments. The status of the Nusantara Capital City as a provincial-level regional government, as a special region, and its implementation is carried out by the Authority raises a new paradigm in the administration of regional government. The equality between the Archipelago Capital and East Kalimantan Province also has consequences in the relationship of governance in the two local governments. This paper will elaborate on the pattern of relations between the Nusantara Capital City Authority and the East Kalimantan Provincial Government, its potential implications, and solutions. Based on the literature study, it is concluded that the pattern of relations between the Nusantara State Capital Authority as a provincial-level special regional government and the East Kalimantan Provincial Government is coordination, potential problems arising from the unclear position of the Nusantara State Capital Authority as a ministerial-level special regional unit, and the implementation of unregulated government affairs such as environmental management and protection, budget management, local business development, population data on the Nusantara Capital which has implications for citizens' political rights, problem solving through the establishment of implementing regulations regarding the resolution of potential problems.
CRIMINAL POLICY ON INDONESIAN POLICE RESTORATIVE JUSTICE IMPLEMENTATION PERIOD 2021-2023 Nugroho, Sofyan; Pujiyono, Pujiyono; Supeno, Bambang Joyo
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4895

Abstract

Criminal policy or criminal politics as an effort to prevent and control crime is essentially an integral part of efforts to protect society (social defense) and efforts to achieve social welfare, both of which are an integral part of social politics (social policy). This is related to the criminal justice system is carried out by the police as the front guard in maintaining security and social order in society and law enforcement. Legal reform carried out by the Police through Restorative Justice is a new instrument in realizing social justice. Therefore, the first formulation of the problem in this paper is a) What is the regulatory framework of Indonesian Police Restorative Justice in Indonesia? b) How is the implementation of Indonesian Police Policy of Restorative Justice in Indonesia period 2021 – 2023? Methodologically, this research uses a qualitative approach, with a qualitative research design and literature study. The research results show a number of findings: First, there are still very few cases that use alternative dispute resolution for criminal acts. Second, the importance of a legal and regulatory policy framework that is based on restorative justice that is fair and has legal certainty.
THE AUTHORITY OF INVESTIGATORS TO TERMINATE INVESTIGATIONS FROM A LEGAL PERSPECTIVE IN INDONESIA Prasetyoandi, Destri
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4892

Abstract

This study aims to understand how law enforcement is regulated according to Law Number 8 of 1981 and how the criminal investigation process can be terminated by investigators. This research uses normative legal research methods, utilizing both primary and secondary data. The research approach used is a legislative approach. The results of the study show that in the Indonesian Code of Criminal Procedure (KUHAP), there are provisions that allow law enforcement officers, especially investigators and public prosecutors, to discontinue a criminal case from proceeding to trial. This can be done through the termination of investigation or prosecution. However, the authorities stipulated in the KUHAP to discontinue a criminal case to court, such as the termination of investigation and prosecution, do not provide a legal basis for investigators to settle cases peacefully. Instead, the KUHAP follows the principle of legality in prosecution, obliging investigators and public prosecutors to prosecute all cases that meet legal requirements in court, in accordance with Article 140 paragraph (2) linked to Article 14 of the KUHAP. Although Article 140 paragraph (2) of the KUHAP indicates that the KUHAP does not adopt the principle of opportunity in prosecution but follows the principle of legality, the explanation of Article 77 of the KUHAP acknowledges the principle of opportunity. This principle gives authority to public prosecutors to postpone or suspend a case that actually meets the legal requirements for prosecution, for the public interest. However, this authority cannot be a legal basis for settling cases peacefully outside of court, as reasons of interest in peaceful settlement cannot be considered as reasons of public interest, as explained in the Explanation of Article 35 Letter c of the Indonesian Prosecutor Law No. 16 of 2004.
FAIR TRIAL FOR PERSONS WITH DISABILITIES: IDEALITY VS REALITY Amalia Nugraheni, Novie; Kristanto, Andri
Journal Philosophy of Law Vol 5, No 1 (2024)
Publisher : Universitas 17 Agustus 1945 Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/jpl.v5i1.4893

Abstract

The purpose of this research is to analyze the barriers in fulfilling the rights of persons with disabilities in the fair trial process to provide legal protection to persons with disabilities. The type of research used in this study is juridical normative research using secondary data obtained from previous research. The data analysis method used is qualitative by collecting data in the form of applicable laws, books, journals related to persons with disabilities and law enforcement, and interviews with stakeholders involved. The research results show that fair trials for persons with disabilities are still an ideal that has not been fully achieved. Real commitment and action from the government, law enforcement, and society are needed to ensure the protection of the rights of persons with disabilities in the justice system. There is still a lack of understanding and awareness of their needs, but increased awareness and training can help address this issue. Fair trials must consider limited physical accessibility and alternative communication facilities, and ensure adequate training for court staff. Concrete actions are needed to improve awareness, training, and accessibility in the justice system.

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