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Edunity: Kajian Ilmu Sosial dan Pendidikan

Edunity
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Published by PT. Publikasiku Academic Solution

ISSN : 29633648 EISSN : 29648653 DOI : https://doi.org/10.57096/edunity

Core Subject : Economy, Humanities, Science, Education, Social,

Humanities Computer Science & IT Economics, Econometrics & Finance Languange, Linguistic, Communication & Media Social Sciences

Edunity: Kajian Ilmu Sosial dan Pendidikan is a double-blind, open-access peer-reviewed academic journal in social and educational fields. This journal is published monthly by PT. Publikasiku Academic Solution. Edunity: Kajian Ilmu Sosial dan Pendidikan provide a means for ongoing discussion of relevant issues that fall within the focus and scope of the journal that can be checked empirically. This journal publishes research articles that cover all aspects of social science, from management, economics, culture, education, law, social health and religion which are included in the social context. Published articles are articles that result from critical and comprehensive research, studies or scientific studies on important and current issues, or reviews of scientific books.

Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)

Articles 361 Documents

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Law Enforcement Against Cybercrime in Online Activities Novi Hermawati; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The development of information and communication technology makes the relationship between individuals and groups with the world not limited to existing norms so that it can cause a change in all fields. The changes also have a major impact on the transformation of values in society. It occurs not only positive but also negative consequences. Information and communication technology used for crime is known as cybercrime. Cybercrime has been confirmed to be adverse to the worldwide community, at the same time as efforts to get rid of cybercrime are nevertheless hampered through numerous factors, therefore, a crook regulation coverage is wanted towards cybercrime crimes. This paper discusses two problems, namely, first, how to enforce the law against cybercrime in the legislation in Indonesia, and second, how the strategy for eradicating cybercrime is formulated in the Law on Information and Electronic Transactions. Law enforcement against cybercrime is performed through criminal and non-criminal policies. Meanwhile, to eradicate cybercrime, it is necessary to prepare appropriate laws and provide legal provisions for law enforcement officers.

Law Enforcement Against Cybercrime in Online Activities Sutardi Sutardi; Lucky Ferdiles
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Indonesia, as a country based on law (rechtstaat), is not solely based on mere power (machtstaat), consequently that in the life of society, nation and state it is obligatory to comply with the will that has been regulated based on the applicable laws and regulations. One of the concepts in the theory of the welfare state is that the state has the responsibility to provide maximum health services to its citizens. Based on the provisions of Law Number 36 of 2009 concerning Health, in Article 5 paragraph (1) that; Everyone has the same right in obtaining access to resources in the health sector. One of the health sectors is the hospital which is an important part in the health sector and plays a role in supporting the survival of the community to live a healthy and prosperous life. Hospital medical records are an important component in the implementation of hospital management activities. According to the provisions of the legislation, namely Law Number 29 of 2004 concerning Medical Practice Article 46 paragraphs (1) to (3) and Minister of Health Regulation No. 269 of 2008 concerning Medical Records and Medical Records, made by doctors who are included in the management of their responsibilities which are intended for the condition of the patient. For this reason, medical secrets are the obligation of every doctor to maintain them as required by legislation. The obligation to keep medical secrets concerns things that are obtained through disease examination procedures or by chance, which are carried out by doctors, including those related to the patient's health. The problems that can be raised from this research are; 1. How is the construction of laws and regulations in regulating medical secrets? and, 2. Why does the legality of the disclosure of medical secrets require legal reform through a progressive legal approach? Solving the problem is done through a juridical normative research approach. The results of his research, that medical records are facilities that contain information about patients' illnesses and treatments aimed at maintaining and improving a health service regulated by Law No. 29 of 2004 concerning Medical Practice and Minister of Health Regulation No. 269 of 2008 concerning Medical Records. Legal reform regarding the disclosure of medical secrets through a progressive legal approach, constructively hospitals are obliged to comply with these laws and if violated are threatened with administrative sanctions ranging from verbal warnings, written warnings to license revocation and criminal sanctions

Reconstruction of Conditional Death Penalty Norms In the Perspective of Renewing Indonesian Criminal Law Joko Cahyono; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Penal reform is something that must be done as a form of adjustment to applicable law with changes in values, times, technology, national and international insights. Death penalty in Indonesia also needs to be updated to adjust these developments, especially in the adjustment of the values adopted by the Indonesian people. This study aims to determine the policy on conditional death penalty formulation in the law currently in force in Indonesia, and analyze the policy formulation of the ideals of conditional death penalty in Indonesia. This research uses a qualitative method with a normative approach. This research results in the fact that the law in Indonesia has not yet regulated the conditional death sentence, so there is still a conflict between those who want to abolish capital punishment and those who want to continue implementing capital punishment. Conditional death penalty is needed as a middle ground between the two groups. Conditional death penalty is also needed as an evaluatif process for prisoners in serving their sentences and respecting human rights in accordance with national and international perspectives

Termination Of Employment Relationship Based On Law Regulation Number 11 Of 2020 Concerning Employment Creation Syahrul Qiram; Faisal Santiago
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The study aims to examine/analyze legal protection for workers/laborers for termination of employment (PHK) due to Force Majeure experienced by the company. The research method used in this proceeding uses normative juridical research methods, namely research that is focused on examining the application of norms or norms in normative law, namely an approach that uses the positivist conception of legis. This concept views law as identical to written norms made and promulgated by authorized institutions or officials. The conception views law as a normative system that is independent, closed, and detached from the real life of society. Based on the research results about Termination of Employment (PHK) due to Force Majuere from the Covid-19 Virus pandemic, many private companies have used it so many have terminated their work relationships so that workers/laborers lose their daily livelihood for themselves and their families. The need for legal protection for the rights of workers/ laborers affected by layoffs is clarified to provide legal certainty. So that there will be no more Termination of Employment experienced by workers/laborers, and also employers take the opportunity to cheat in this situation.

Juridical Review of Criminal Sanctions Against Perpetrators of Intellectual Property Rights Violations Fransisca Dewi Zion; Evita Isretno Israhadi; Ahmad Redi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Copyright is the exclusive right of the Creator or Copyright Holder to regulate the use of the results of casting specific ideas or information. Copyright applies to various types of works of art or copyrighted works. With the existence of Law Number 28 of 2014 concerning Copyright, it is hoped that it will facilitate proof in copyright disputes, especially in works of art, as well as the originality of ideas, content, and digital products.

Policy Concept for Repatriation of Problematic Indonesian Migrant Workers (TKIB) Daniel Daniel; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The policy for the repatriation of Indonesian workers in certain situations is regulated by Presidential Regulation of the Republic of Indonesia Number 45 of 2013 concerning the Coordination of the Repatriation of Indonesian Migrant Workers to overcome them, but in its implementation, there are still obstacles that occur, especially in the funding sector. Nevertheless, the Government must continue to ensure the presence of TKI starting from the pre-placement stage, during placement, and after placement. This conception of employment is used as a reference for reviewing the existing legal instruments, whether they already cover these fields or not.

Implications of Public Trust Due to Weak Law Enforcement Morality Eka Sakti Koeswanto; Riswandi Riswandi; Ahmad Redi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Law enforcement has a strategic role in determining the quality of law enforcement in a country. In Indonesia, the performance of law enforcers is often considered unsatisfactory. This public dissatisfaction is a sign of weak law enforcement in Indonesia. The law which is considered a way to seek justice for society gives a sense of injustice. One of the causes of weak law enforcement in Indonesia is the quality of law enforcement. The low level of morality results in a lack of professionalism and unwillingness to enforce law enforcement. This morality is also related to corruption by law enforcement officers (judicial corruption). Law enforcers who are supposed to enforce the law are involved in corrupt practices. This low mortality causes law enforcement in Indonesia to be weak. Law enforcement will be strong and respected if law enforcers act professionally, and honestly and apply the principles of good governance. One example of weak law enforcement fines for drivers who violate traffic rules. Not a few motorists who do not want to be tried in court and choose the "peaceful place" route. This has been happening for years so it has become an open secret. As a result, there is public distrust of law enforcement. If not resolved immediately, this public distrust can lead to vigilante action. People who don't trust law enforcement may prefer to solve problems with violence or their way. A legal expert Leon Duguit said that the law is a rule of public behavior that must be obeyed as a guarantee of the common interest, which if violated will lead to criticism as a reaction. Meanwhile, law enforcement is a system in which there is a government or state institution that acts in an organized manner to ensure justice and order by using instruments or tools of power.

Analysis Of Land Disputes Arising From Land Procurement Activities In The Development Of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition Askolani Jasi; Evita Isretno Israhadi; Riswadi Riswadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The phenomenon of the pros and cons of the Cipta Field or Omnibus Law regulations, for those who are pro, is the right solution to address the problem of overlapping laws and regulations in Indonesia. Whereas those who are against, think that the omnibus law plan is seen as an effort to delegitimize the rights of every sector of national life, especially regarding employment and other sectors that may be affected by its implementation. Thus, the implementation of the Omnibus Law must be seen from various aspects, including legal theory and more technical aspects of state administrative law in the Unitary State of the Republic of Indonesia

Analysis of Land Disputes Arising from Land Procurement Activities in the Development of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition) Ryan Rainhard Marchello; Evita Isretno Israhadi; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Land as a living space with all the people has a social function that must be able to maintain a balance between individual interests, social interests, and the interests of the state. Infrastructure development in the frame of public interest is closely related to land as the medium. So that land and development activities are a unit that cannot be separated from each other. The consequences of this have implications for the existence of land procurement for the public interest (land procurement for public interest) in realizing the welfare of the lives of its citizens who are just and prosperous equally as the goal of being an Indonesian state as stated in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia. The study shows the implementation of land acquisition that is not by applicable legal procedures, the occurrence of maladministration and implementation errors such as lack of socialization, not involving all land rights holders, and there is no dialogue process between the parties before determining the location of the development, compensation that does not accommodate all non-physical needs of society. This error caused a dispute in the infrastructure development process because it was not by the mandate of Law Number 12 of 2012 concerning Land Procurement for Development in the Public Interest.

Review of Theory of Legal Objectives on Article 31 Section (1) and (2) of Law Number 37 Of 2004 Concerning Bankruptcy and Suspension of Debt Payment Obligations Bagus Rahman; Ahmad Redi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

The bankruptcy case of PT Aliga Internasional Pratama is proof of the dualism of the position of criminal confiscation over general confiscation in the bankruptcy estate. Based on the decision of the Commercial Court at the Central Jakarta District Court, PT. Aliga International Pratama has been legally declared bankrupt with all the legal consequences. Whereas as of the date of the bankruptcy decision, all assets of PT. Aliga is in a state of general confiscation, and the authority to control and manage all of their asset rests with the Curator Team. However, 2 buildings which are bankrupt assets, namely The Aliga Hotel and factory/office buildings, have been confiscated by the Criminal Investigation Police Investigators (Bareskrim Polri).The research method in this paper is descriptive qualitative, namely the legal material obtained is presented descriptively and analyzed qualitatively. The results showed that, analyzed using the theory of justice according to Thomas Aquinas and the theory of expediency by Jeremy Bentham, the provisions of Article 31 paragraphs (1) and (2) of the UUK have fulfilled the values of justice and expediency in their norms. However, analyzed by Jeremy Bentham's theory of legal certainty, the provisions of Article 31 paragraphs (1) and (2) of the UUK do not meet the value of legal certainty. Then the judge's decision has been right and fulfills the elements of certainty, justice, and legal expediency

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Amelia

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melameliaaa99@gmail.com

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jurnaledunity@gmail.com

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Jl. Desa Susukan Kecamatan Cipicung Kabupaten Kuningan

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Jawa barat

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Amelia

Contact Email melameliaaa99@gmail.com

Phone +6281224442977

Journal Mail Official jurnaledunity@gmail.com

Editorial Address Jl. Desa Susukan Kecamatan Cipicung Kabupaten Kuningan

Location Kab. kuningan, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Amelia

Contact Email
melameliaaa99@gmail.com

Phone
+6281224442977

Journal Mail Official
jurnaledunity@gmail.com

Editorial Address
Jl. Desa Susukan Kecamatan Cipicung Kabupaten Kuningan

Location
Kab. kuningan,

Jawa barat

INDONESIA