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Interdisciplinary Journal on Law, Social Sciences and Humanities
Published by Universitas Jember
ISSN : -     EISSN : 27755045     DOI : https://doi.org/10.19184/idj
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
The Interdisciplinary Journal on Law, Social Sciences, and Humanities (IDJ) is a scientific journal which publishes original articles on the most recent knowledge, researches, or applied researches and other development in fields of academic practitioners, researchers, scientists, and consultants. IDJ is a magnificent platform to discuss interdisciplinary disciplines. Manuscript with an interdisciplinary and empirical approach will be preferable. However, the journal will still consider the manuscript with a descriptive approach for publication as long as it provides cases and contextual discussion and uses an interdisciplinary approach to examine the cases. This objective of this journal comes from the current context of issues within the framework of social sciences, law, and humanities that need to be discussed from various kinds of approaches. Thus, the scope of this journal covers interdisciplinary studies on social issues such as poverty, crimes, development, public policy, economy, law, gender, culture, education, and any other social realm.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 7 Documents
 1 
Search results for , issue "Vol 4 No 2 (2023): November 2023" : 7 Documents clear
Kedudukan Asas Konsensualisme dalam Transaksi Terapeutik antara Dokter dengan Pasien Efendi, Nuril Hikam
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.38216

Abstract

Doctors have the main task of maintaining and caring for patients who are experiencing a decline in health. The private relationship between a doctor and a patient is known as a therapeutic transaction, which can be understood as a relationship established because it is based on the trust that exists between the doctor and the patient regarding medical actions or treatment measures. Medical action or treatment for a patient must be preceded by approval. Consent is the implementation of the patient's will to get treatment. However, with the consent of the will, it cannot be interpreted as meaning that an agreement is automatically established between the doctor and the patient. Doctors and patients who have a relationship within the scope of medical action must be analyzed and studied systematically, so that from this description the researcher focuses on the formation of therapeutic transactions based on the principle of consensualism in the doctor-patient relationship. The purpose of this study is to determine the concept of engagement and the position of consensualism in therapeutic transactions. The research method used in this study is normative juridical research, which is based on a review of literature and regulations or public policies that are appropriate to the problems studied. The results of the study show that the principle of consensualism has a fundamental position and must exist in every act of treatment by doctors on patients.Keywords: Therapeutic, Consent, Medical Personnel, Patients.
Politik Hukum Pengaturan Retribusi Perizinan Tertentu dalam Hubungan Keuangan Pusat dan Daerah Rini, Wafia Silvi Dhesinta; Kalo, Andi Muhammad Resky
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.44144

Abstract

This research aims to determine the dynamics of changes in the regulation of certain types of licensing fees after the enactment of Law Number 1 of 2022 concerning Central and Regional Financial Relations. The results of this research show that first, Law Number 1 of 2022 concerning Central and Regional Financial Relations (UU HKPD) revokes the previous law, namely Law Number 28 of 2009 concerning Regional Taxes and Regional Levies. Second, the HKPD Law regulates levies for Building Approval (PBG), Use of Foreign Workers (PTKA), and Mining Management. Third, the legal politics of changes to certain licensing levy regulations are motivated by several reasons, including: (a) efforts to synchronize the Job Creation Law and the HKPD Law; (b) Academic texts of the Job Creation Law and the HKPD Law which are not comprehensive; (c) policy of simplifying licensing mechanisms and requirements to strengthen the investment climate. The legal policy of issuing the HKPD Law has had juridical implications for regions, such as a reduction in regional autonomy authority because several permits which are the basis for regional levies have been withdrawn by the central government. This makes the authority to impose licensing fees centralized and results in a reduction in the potential for Regional Original Income.Keywords: Licensing Levy, Legal Politics, Central and Regional Financial Relations.
Ketidakpatuhan Tiongkok terhadap Sino-British Joint Declaration dalam Implementasi Kebijakan “One Country, Two Systems” Hong Kong Putri, Cindy Claudia
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.40872

Abstract

In general, this research discusses China's non-compliance with the Sino-British Joint Declaration agreement in implementing policies on the principle of "One Country, Two Systems" in Hong Kong. The interesting thing in this research is that the “One Country, Two Systems” system is a unique system of government because it has never been implemented in any country other than China. The Gap Research in this research is that China in the last ten years has shown an increasingly disobedient attitude towards the Sino-British Joint Declaration even though the agreement is a solution so that "One Country, Two Systems" can be carried out as it should. This non-compliance made China criticized by many countries but there was no intention of China to return to complying with the agreement. This research uses state security theory, state sovereignty theory, and compliance-based theory. With this theory, it can be seen what factors made China disobedient to the Sino-British Joint Declaration.Keywords: International Agreement, Democratization, One Country Two Systems, China, Hong Kong.
Politik Hukum Penegakan Tindak Pidana Pemilu Perspektif Keadilan Bermartabat Munte, Herdi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.43656

Abstract

Election criminal law is built and enforced as a legal instrument for eradicating election criminal acts. In fact there is a demand to reform the legal politics of election crime enforcement from the perspective of dignified justice to create honest, fair and dignified elections. The problem studied is how the current law enforcement of election crimes is political and why it is important to reform the law enforcement politics of election crimes based on dignified justice. The research was conducted using a juridical-normative method with statutory and doctrinal approaches. The results of the study show that the regulation of election crimes is contained in a book of election law laws (UU No.7 of 2017 last amended by Law No.7 of 2023) there are as many as 67 articles consisting of offenses and crimes. Many criminal provisions are irrelevant, the enforcement of election criminal law is still far from what was expected, so it is necessary to reform law enforcement in a structured and systematic manner both from the aspect of substance, structure and legal culture. The politics of election criminal law currently places punishment as the foremost legal means, while the demands for the development of law enforcement for election criminal acts that are expected are punishment as a last resort and reform of law enforcement for election criminal acts based on dignified justice (justice that humanizes humans) a necessity in the context of guaranteeing legal objectives (fairness, benefit and certainty) and the objectives of holding elections that are fair and with integrity, legal certainty, effectiveness based on values, principles, norms and rules rooted in the spirit of the nation (volksgeid), namely Pancasila.Keywords: Legal Politics, Crime, Dignified Elections.
Innovation as a Tool to Improve Public Service Delivery: South African Government Perspective Thusi, Xolani; Mahlatse, Ragolane; Matyana, Mandisi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.39165

Abstract

South African citizens are still facing problems of poor service provision in the local, provincial, and national governments after 28 years of democracy. The standard of public service provision and implementation in South Africa is deteriorating. It is important to note that due to the country's high level of unemployment, the majority of South African citizens rely on government service provision. Because of the government's inability to reach every citizen with efficient and effective service provision, South Africa has the highest level of inequality and a huge gap between the rich and the poor, making efficient service provision a solution to bridge the gap and inequality. This article proposed that the government must develop techniques to boost innovation in the public sector to prioritize service delivery in the country, as there are many challenges surrounding the South African public sector. Qualitative approach was adopted in this research, through the review of recent secondary sources to address the objectives of this study.Keywords: Citizens, Government, Innovation, Service Provision.
Aspek Hak Asasi Manusia dalam Pembentukan Peraturan Perundang-Undangan di Indonesia Rifai, Ahmad; Khanif, Al; Mulya, Kukuh Budi
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.35203

Abstract

The title of this article is the Human Rights Aspects In The Establishment Of Law Regulations In Indonesia. The background of this writing is whereas in the constitution, one of the elements of a rule of law is the fulfillment of human rights in it, so that in this case the red thread can be drawn in this research there are still problems in the implementation of norms for the formation of laws and regulations in Indonesia. This study uses a normative juridical, the problem approach used is a statute approach and a conceptual approach. Based on the result of this research, first, that the urgency of human rights values is the basis for forming laws and regulations in Indonesia because human rights values are natural and its position has been mandated in the 1945 Constitution. Second, that laws and regulations are still found both at the central and regional levels those who have not implemented human rights aspects. Third, that the drafting of this legislation was carried out by the Directorate of Human Rights Instruments as an effort to fill the legal vacuum for a public need for human rights, the Directorate of Human Rights Instrument.Keywords: Human Rights, State Law, Legislation.
Pemberatan Pidana Terhadap Kasus Marital Rape Ditinjau dari Perspektif Hak Asasi Manusia Yuwono, Nikmatul Keumala Nofa; Khanif, Al; Triana Ohoiwutun, Y. A.
INTERDISCIPLINARY JOURNAL ON LAW, SOCIAL SCIENCES AND HUMANITIES Vol 4 No 2 (2023): November 2023
Publisher : Universitas Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19184/idj.v4i2.42190

Abstract

The marital rape case is the one sexual violence case based on unequal relations between husband dan wife. In Indonesia, positive law doesn’t differentiate imprisonment or fines between sexual violence perpetrated by another person and sexual violence perpetrated by a partner in marriage. This article was written using feminist legal theory and human rights which describes the position of women in the eyes of the law and the fulfillment of the rights of wives as victims of marital rape. This study uses a juridical-normative method which aims to explain the criminal burden of rape cases based on a human rights perspective. Conclusion in this study is that cases of marital rape that occurred against wives are a form of violation of human rights in which criminal sanctions are needed to distinguish cases of sexual violence committed by other people from cases of sexual violence committed by partners in marriage.Keywords: Criminal Prosecution, Human Rights, Marital Rape.

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