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International Conference on Health Science, Green Economics, Educational Review and Technology (IHERT)
Published by Universitas Efarina
ISSN : -     EISSN : 29861985     DOI : https://doi.org/10.54443/ihert
Core Subject : Economy, Health, Science, Education,
Computer Science & IT Economics, Econometrics & Finance Education Health Professions
International Conference on Health Science, Green Economics, Educational Review and Technology is an annual routine conference held by Efarina University as a forum for scientists around the world to make scientific contributions in the fields of Health Science, Green Economics, Educational Review and Technology. Papers submitted by participants are presented in open access through this website to be read and downloaded for free as a reference to enrich scientific studies. Published papers are also indexed by international and national institutions.
Arjuna Subject : Umum - Umum
Articles 340 Documents
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JAWAN RESPONSIBILITY PROVIDING PKWT COMPENSATION AT PT SOCFINDO PERKEBUNAN TANAH GAMBUS Etty Uyun; Henry Aspan
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.328

Abstract

The legal basis for the company's obligation to provide compensation to PKWT workers lies in government regulation number 35 of 2021, the Job Creation Law as an implementing regulation. The service period for PKWT employees who will be extended can be compensated according to existing regulations after the PKWT period of at least one year ends. This article aims to determine the implementation of PKWT compensation by companies to their employees as regulated in statutory regulations. The research method that the author uses is empirical which is carried out using data collection methods through interview techniques with sources and distributing questionnaires. This article has been prepared systematically in accordance with the results and discussion of the author's research. The results of this research are PT. Socfindo Perk.Tanah Gambus has tried to implement regulations regarding compensation but they have not been fully implemented.
THE CURATOR'S AUTHORITY TO MANAGE AND CONTROL THE ASSETS OF THE "BANKLE DEBTOR" Zulpahmi Harahap; Fitri Rafianti
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.329

Abstract

In the decision to declare bankruptcy, a Curator and a Supervisory Judge must be appointed from among the Court judges. Bankruptcy Law and postponement of debt payment obligations Article 69 number 1 regulates that the Curator's task is to manage and/or settle bankrupt assets, there is no further explanation regarding what is meant by "management of bankrupt assets" or "clearance of bankrupt assets". The formulation of the research problem is how the curator's duties and authority are regulated based on the Bankruptcy Law and whether in carrying out these duties and authority the curator is obliged to obtain approval from the supervising judge. The aim of this research is to find out the duties and authority of the curator and whether or not the curator needs the approval of the supervising judge to carry out his duties. The method used in this research is normative legal research with a statutory approach, a conceptual approach. The results of the analysis in the Bankruptcy Law and the postponement of debt payment obligations regulate the duties and authority of the curator, however there are several articles which regulate that the duties or authority of the curator require approval from the supervisory judge and other articles regarding the duties or authority of the curator are not clearly regulated whether the curator In carrying out their duties, the approval of the supervising judge is required.
RESTORATIVE JUSTICE IN SETTLEMENT OF MINOR CRIMES Ilmuwani Lubis; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.331

Abstract

According to the proponents of the value of justice, the law has been moving quickly and more sharply if legal cases are related to small people and question the interests of big people, including those with power. However, if there is a case that involves or is suspected of being the perpetrator, big people and powerful people, then the law seems to be paralyzed and dull. Apart from requiring legal certainty and justice, legal solutions must also have beneficial value, which is the current problem and challenge. namely, how to realize a law enforcement process that is able to fulfill legal objectives, namely achieving legal certainty that is just and useful. The method used in this research is a descriptive analytical method with a normative juridical main approach.Reforming criminal law must be carried out with a policy approach, because it is essentially part of a policy step or policy (i.e. part of legal politics/law enforcement, criminal law politics, criminal politics and social politics). Criminal justice is not just seen as a crime prevention system. , but is seen as a social problem that is the same as crime itself. The implementation of criminal sanctions needs to be linked to human development policies that want to form complete Indonesian people. The use of criminal sanctions imposed on violators must be in accordance with civilized human values. Apart from that, punishment is used to raise awareness among offenders of human values ​​and social values. Prioritizing peace through deliberation to reach consensus is an integral mechanism in the life of society in Indonesia. Legal reform in Indonesia cannot be separated from conditions. The objective of Indonesian society is to uphold the values ​​of religious law in addition to traditional law, so it is necessary to explore legal products that are sourced and rooted in cultural, moral and religious values. Settlement of ordinary criminal acts with minor motives can be achieved through penal mediation, called the restorative justice approach, which focuses on there is direct participation of perpetrators, victims and the community in interpreting criminal acts. Restorative justice is also a new framework of thinking that can be used in responding to criminal acts for law enforcers and workers in Indonesia.
CRIMINAL LAW RESPONSIBILITY AGAINST NOTARIES AS LAND MAFIA OCCUPATIONS Irfan Rizky Pradya; Ismaidar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.332

Abstract

Land mafia individuals are two or more people working together to seize other people's land or state land. It is not appropriate if only a Notary causes the exchange of original and fake certificates, embezzlement, fraud so that the action fulfills the elements of a legal violation. Using the Normative Juridical Research Method, which is close to legislation (Statue approach) and case approach (Cases approach) that the legal umbrella of Law no. 2 of 2014 regarding amendments to Law Number 30 of 2004 concerning the Position of Notary Public, there are no criminal provisions regulated so that this could potentially occur under the Criminal Code. In the context of Criminal Law Accountability for Notaries for the Deeds they make, as an alternative to provide protection for people who are harmed by Notaries as Land Mafia Persons. The results of this writing are that in the future the Government and the Minister of ATR/BPN (National Land Agency) together will immediately draft a law that provides regulations regarding the Eradication of Land Mafia Persons so that in dealing with Land Mafia Crimes they can be eliminated and carry out strict controls carried out by the Regional Supervisory Council of Notaries and The Central Notary Supervisory Council is to prevent Notaries who abuse negligence in carrying out their official duties so that there is no reproach for land mafia individuals to collaborate with Notaries.
ACCOUNTABILITY FOR CORRUPTION IN THE CRIME OF MONEY LAUNDERING IN THE PRINCIPLES OF CRIMINAL LAW IN INDONESIA Karolus Agung Dery Rianto; Rahmayanti
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.333

Abstract

The purpose of this writing is to find out the forms of money laundering carried out by corporate actors, to find out the form of responsibility of a company in the crime of money laundering, to examine the forms of responsibility for corporate criminal acts in the regulations existing in legislation and to examine non-criminal liability. corporations in money laundering criminal cases. This writing is descriptive in order to get a picture of the existing problems, which are then analyzed deductively. There are three types of criminal money laundering by corporations, namely placing, layering and merging. Corporate subjects will receive criminal penalties according to their actions. As stated in article 6 of Law No. 8 of 2010, money laundering as referred to in articles 3, 4 and 5 is carried out by corporations so that penalties will be imposed on corporate control personnel. If personnel are unable to pay, they will be replaced by confiscation of the corporation and the company's controlling personnel. And if that is not enough, prison can be replaced by a company control fine.
LEGAL POLICY ON SEXUAL HARASSMENT (CATCALLING) FROM THE PERSPECTIVE OF CRIMINAL LAW Wily Novan Prakoso; Firman Halawa
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.334

Abstract

This article aims to understand and analyze the regulation of catcalling from a criminal law perspective as well as analyzing the regulation of verbal sexual harassment according to criminal law reform. This research is normative legal research. The results of this research are that the act (catcalling) has the potential to be a criminal act that meets the elements of a criminal act, this act is categorized as an act of verbal sexual harassment and can be studied from several articles in the Criminal Code, the Law on pornography and the need for a legal policy. related to special rules for the act of catcalling to achieve legal certainty and also the fulfillment of criminalization conditions so that the act of catcalling can be specifically regulated. The conclusion is that the act of catcalling has the potential to be a criminal act that occurs in the public sphere through the elements of a criminal act, the impact of this act of catcalling results in mental and psychological disorders, up to the psychological level and to determine a policy it is necessary to pay attention to the morals, values ​​and principles contained in it. in society and pay attention to the conditions of criminalization. To achieve legal certainty, there is a need for legal policies regarding regulations specifically related to catcalling as well as social sanctions for catcalling perpetrators
LEGAL PROTECTION EFFORTS AGAINST MINORS IN NARCOTICS CRIMES Fadillah Aditya Prtama; Ismaidar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.335

Abstract

Children are the future of the nation. Because they are the future of the nation, children need to receive special attention for their growth and development towards good and dignified maturity. 18 years is the determining age limit for minors according to criminal law and 21 years according to civil law. At this age, children tend to always want to commit deviant acts. For example, engaging in promiscuity, trying to drink alcohol, and even trying to use other prohibited substances such as narcotics. The government is responsible for legally protecting these children if unlawful actions occur, including if they use narcotics. The method used in this writing is a qualitative method with a juridical-normative approach, which refers to juridical sources which will focus on Law Number 35 of 2009 concerning Narcotics, Law Number 11 of 2012 concerning the Juvenile Criminal System, and Law-Law Number 23 of 2002 concerning Child Protection. The results of the research show the benchmarks for determining the age of minors according to law and the forms of legal protection that can be applied to minors in narcotics crimes. First, the Position and Age of Children in Legislation according to Law no. 1/1974 concerning Marriage, namely 19 years for men and 16 years for women. According to Law no. 3/1997 concerning Juvenile Justice, namely that they have reached the age of 8 (eight) years but have not yet reached the age of 18 (eighteen) years and have never been married. According to Law no. 4/1979 about"Welfare of a child of a person who has not reached 21 (twenty one) years and has never been married." According to Civil Law, those who are not yet 21 years old and are not married. According to Law no. 23/2002 concerning Protection of children who are not yet 18 (eighteen) years old, including children who are still in the womb. Meanwhile, the age limit for children as crime victims is regulated in Article 1 point 1 of Law Number 23 of 2002 concerning Child Protection.
IMPLEMENTATION OF ADMINISTRATIVE MEASURES IN STATE ADMINISTRATIVE (TUN) DISPUTES Bambang Herianto; Abdul Rahman Maulana Siregar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.336

Abstract

The implementation of Regulation of the Supreme Court of the Republic of Indonesia (PERMA) Number 6 of 2018, dated 4 December 2018 concerning Guidelines for Settlement of Government Administrative Disputes after taking administrative measures, which is a further regulation of the provisions in Articles 75, 76 and Article 77 of Law Number 30 of 2014 concerning Government Administration, bringing about changes in the state administrative justice system in Indonesia, namely relating to administrative efforts. This then raises issues regarding first, whether administrative measures are an obligation that must be taken first before filing a state administrative dispute lawsuit with the PTUN; and secondly, what are the legal procedures for making objections to State Civil Service (ASN) employment disputes; and thirdly what are the legal consequences of non-implementation of administrative efforts by the Plaintiff. The aim of this research is to analyze and describe the application of administrative efforts to state administration disputes. Normative juridical research methods are used to answer this problem. The results of the research show that administrative efforts must be carried out as legal protection for the people in State administrative disputes, and the legal procedure for making objections to ASN disputes is regulated in Article 129 of Law Number 5 of 2014 concerning State Civil Apparatus, and the Judge will reject the Plaintiff if not. take available administrative measures.
THE ROLE OF THE COURTS IN PROVIDING LEGAL AID SERVICES TO THE POOR BASED ON LAW NUMBER 16 OF 2011 ABOUT LEGAL AID Dewa Sujira; Muhammad Arif Sahlepi
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.337

Abstract

The implementation of the Legal Aid Post (Posbakum) by the District Court includes 3 (three) scopes of legal services in accordance with the provisions contained in Perma No. 1 of 2014. These 3 things are the service of waiving case fees, and holding trials outside the court building as well as Providing Court Posbakum. In relation to the implementation of Posbakum, the District Court only provides Posbakum room facilities for three accredited Legal Aid Providers or advocate organizations. Meanwhile, regarding legal aid funds for handling each case, it will be submitted by the Court through the Regional Office of the Ministry of Law and Human Rights. However, this does not mean that the function of this facilitator can be simply ignored, considering that the Posbakum is housed in the Court, it is worth noting that there is a special mandate from the State Administrators to the Court to be able to make legal services successful free of charge for the poor, of course. In this way, it can also be hoped that the presence of Posbakun in the Court environment will be able to erode the negative and frightening stigma about the Court for the general public.
LEGAL IMPLEMENTATION FOR ZAKAT MANAGEMENT PERFORMERS IN INDONESIA Sulaiman; Ismaidar
International Conference on Health Science, Green Economics, Educational Review and Technology Vol. 5 No. 1: IHERT (2023) FIRST ISSUE: International Conference on Health Science, Green Economics,
Publisher : Universitas Efarina

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.54443/ihert.v5i1.338

Abstract

Zakat is one of the obligations of Muslims which has been stipulated in the Al-Quran and explained in detail in the al-hadith of the Prophet Muhammad regarding its application, and also in the ijma' of the ulama. Management of the National Amil Zakat institution which manages, collects and utilizes zakat, infaq and alms throughout Indonesia, which consists of government and community elements. This research is qualitative research with Normative research methods. This research was carried out by looking for data sourced from laws, previous research, and from several references, especially in the section on how legal sanctions for managing zakat without permission are reviewed from Law no. 23 of 20211 and looking at the implementation of Law No. 23 of 2011, especially in article 22 concerning Zakat issued by muzakki will be deducted from taxable income. The results of this research are that managing zakat without permission will receive legal sanctions in the form of imprisonment for a minimum of 1 year and a maximum of 5 years or a fine of Rp. 500,000,000,- and the implementation of Law Number 23 of 2011 concerning zakat management related to zakat payments made. by muzakki where the implementation of zakat paid is deducted from taxable income has not yet been implemented optimally in Suluruh Indonesia. This is because employees do not implement these rules and what is known is only the obligation to pay zakat.

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