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Birokrasi: Jurnal Ilmu Hukum dan Tata Negara
Published by Sekolah Tinggi Ilmu Administrasi Yappi Makassar
ISSN : 29878624     EISSN : 29878632     DOI : 10.55606
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Sub Rumpun ILMU POLITIK 1 Ilmu Politik 2 Kriminologi 3 Hubungan Internasional 4 Ilmu Administrasi (Niaga, Negara, Publik, Pembangunan, Dll) 5 Kriminologi 6 Ilmu Hukum 7 Ilmu Pemerintahan 8 Ilmu Sosial dan Politik 9 Studi Pembangunan (Perencanaan Pembangunan, Wilayah, Kota) 10 Ketahanan Nasional 11 Ilmu Kepolisian 12 Kebijakan Publik 13 Bidang Ilmu Politik Lain Yang Belum Tercantum Sub Rumpun ILMU SOSIAL 1 Ilmu Kesejahteraan Sosial 2 Sosiologi 3 Humaniora 3 4 Kajian Wilayah (Eropa, Asia, Jepang, Timur Tengah Dll) 5 Arkeologi 6 Ilmu Sosiatri 7 Kependudukan (Demografi, dan Ilmu Kependudukan Lain) 8 Sejarah (Ilmu Sejarah) 9 Kajian Budaya 10 Komunikasi Penyiaran Islam 11 Ilmu Komunikasi 12 Antropologi 13 Bidang Sosial Lain Yang Belum Tercantum
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 202 Documents
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Pengaruh Penerapan Hukuman Mati Terhadap Pelaku Tindak Pidana Narkotika Johan Pardamean Simanjuntak; Chairun Nisa; Reh Bungana Br. PA; Maulana Ibrahim
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.747

Abstract

The aim of this research is to find out how the death penalty is applied to perpetrators of narcotics crimes in Indonesia and how the treatment of foreign nationals who commit narcotics crimes and/or Narcotics Precursor crimes, using normative legal research methods, is concluded. The application of the death penalty is part of law enforcement efforts, because if narcotics are not controlled and supervised strictly and thoroughly and are contrary to the provisions of the law, they will constitute a criminal act and cause great harm and danger. Narcotics crimes are transnational in nature and are carried out using high-level modus operandi. Therefore, it is necessary to apply the death penalty, life imprisonment, imprisonment and fines. Treatment of foreigners who commit narcotics crimes and/or narcotics precursor crimes must be expelled from the territory of the Unitary State of the Republic of Indonesia and prohibited from re-entering the territory of the Unitary State of the Republic of Indonesia.
Pelecehan Seksual Terhadap Anak-Anak: Implikasi Hukum Pidana dan Perlindungan Anak Muthi’ah Lathifah; Jojor Mindo Manullang; Reh Bungana; Maulana Ibrahim
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.748

Abstract

It is important to understand the true definition of sexual abuse of children. Child sexual abuse refers to behavior in which adults or older individuals take advantage of children to fulfill their sexual needs. Actions carried out on children can have long-lasting traumatic impacts that can disturb them and even the people around them. Sexual violence against children is so common that it has become a global problem today. In particular, Indonesia has its own law protecting children who experience sexual abuse. The purpose of this article is to explain the implications of criminal law and the challenges faced in dealing with sexual abuse of children. As well as explaining the impact of abuse on children. To help provide an explanation of the research, the method used in this research is literature study and analytical methods
Analisis Hukum Pidana dalam Penanggulangan Kekerasan dalam Rumah Tangga (KDRT) Ruth Yessika Siahaan; Salwa Andini; Reh Bungana Br. PA; Maulana Ibrahim
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.749

Abstract

Domestic violence (KDRT) is a serious problem that requires appropriate legal handling. This article aims to analyze aspects of criminal law in dealing with cases of domestic violence. The research method used is literature study by collecting data from various trusted sources such as journals, articles and other sources. The results of the analysis show that handling cases of domestic violence must be carried out firmly and fairly in accordance with applicable criminal law. Apart from that, prevention efforts also need to be made through education and outreach to the public about the importance of respecting human rights and avoiding acts of domestic violence. It is hoped that the results of this research can make a positive contribution to law enforcement and overcoming cases of domestic violence in Indonesia.
Law Enforcement Against The Crime Of Vandalism In The Jurisdiction Of The Medan Polrestabes Alam Pratama Harahap; Dani Sintara
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.752

Abstract

Vandalism is closely related to social problems in general (social panthology), the causes of which can occur due to economic, political, or even smaller scope factors, namely the family. The subjects of this vandalism are all people involved in the culture of destruction, destruction carried out together by a group or individual. Their targets are usually in general public spaces such as bus stops, traffic signs, highway signs, walls, and so on. In Indonesia vandalime is considered a form of activity that is often ignored by society because it is considered a form of petty mischief that has little impact on life. However, vandalism is a serious problem , if it is not handled quickly and appropriately it will become a big problem. The problem in this research regarding law enforcement against acts of vandalism is that there are still things that deviate from the law , for example the absence of complete assignment letters when carrying out investigations. The aim of this research is to determine a series of acts of vandalism. The method used in this research is an empirical juridical method, namely a case study of vandalism in the jurisdiction of the Medan Police.
Studi Literatur: Efektivitas Mediasi Sebagai Alternatif Penyelesaian Sengketa Bisnis di Luar Pengadilan Edo Arya Prabowo
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.756

Abstract

This research aims to describe the effectiveness of mediation as an alternative to out-of-court business dispute resolution. This research was conducted using the literature study method. The results show that the use of mediation as an alternative to out-of-court dispute resolution has effectiveness because in the implementation of non-litigation mediation, the examination of the two parties is carried out behind closed doors (not open to the public). Thus, the positive impact is that the credibility and reputation of the parties to the dispute are maintained. In addition, compared to the litigation process, out-of-court mediation is relatively cheaper, less complicated, and does not take a long time. On the other hand, out-of-court mediation pays great attention to the continuity of the parties' relationship in the future. This is the reason why business people favor out-of-court mediation as an alternative to resolving their business disputes.
Perubahan Nama pada Akta Kelahiran dalam Hukum Perdata di Dinas Kependudukan dan Pencatatan Sipil Kabupaten Badung I Nyoman Aditya Nugraha; I Made Sarjana
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.757

Abstract

The purpose of writing this paper is to examine what are the factors causing the name change on the birth certificate at the Badung Regency Population and Civil Registry Service and the legal consequences arising from the name change. This study uses empirical legal research methods, supported by a conceptual approach and laws and regulations. The data obtained is also the result of interviews with employees of the Badung Regency Population and Civil Registry Service. From the results of this study, it was found that the name change factor on someone's birth certificate was due to typing errors, the name was too long or short and the person concerned was sick. The legal consequences that are self-inflicted are related to the personal rights of the person concerned or their civil rights are affected and are a little difficult to realize.
Paradikma Hukum Perlindungan Konsumen Di Era Ekonomi Digital Indonesia Joni Laksito; Rengga Kusuma Putra
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 3 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i3.817

Abstract

Objective: to determine trends in consumer legal protection in the digital economy era from various industries in Indonesia based on article reviews. Method: secondary data in the form of articles that match the research objectives with a publication period of 2014-2023, obtained online from Emerald, Elsevier, and Google Scholar. The analysis was carried out using Systematic Literature Review (SLR), using the Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA) approach. Results: The data search obtained 341 articles, and those that met the inclusion criteria were 9 (nine) articles with publication years 2019–2023 , in the fields of e-commerce, fintech, and online transportation. Article on cases of transactions via e-commerce and online transportation using UUITE No. 19 of 2016, and UUPK no. 8 of 1999. This regulation has not been able to meet increasingly dynamic market conditions and very sharp competition in the business world, so it has not been able to provide legal certainty to consumers. Problems in the fintech P2P lending sector use the legal basis of POJK No. 77 of 2016 concerning Information Technology-Based Money Lending Services. Regarding this regulation, it is still subjective, so it cannot provide protection to customers. In fact, there are still many illegal fintech loans found, thus outside the responsibility and authority of the OJK. Novelty: trends obtained from previous research regarding consumer legal protection. Future Research Agenda: conducting a study on the future of law in the digital economy era regarding obstacles in harmonizing various regulations.
Tanggung Jawab Terbatas Pemegang Saham Atas Pailitnya Perseroan Terbatas Shinju Aisuru Siregar; Azura Tasya
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.865

Abstract

The responsibility of shareholders, known as the piercing the corporate veil doctrine, in the bankruptcy of a limited company based on Law Number 40 of 2007 is only limited to the share capital paid by shareholders to the company. The shareholder's responsibility for the shares paid up does not apply if proven; shareholders, whether directly or indirectly, in bad faith, use the limited liability company for personal interests, shareholders who are involved in unlawful behavior use the assets of the limited liability company for personal gain, which results in the assets of the limited liability company being reduced and insufficient to pay off the debts of the limited liability company. The General Meeting of Shareholders, hereinafter referred to as (GMS), is an organ of a limited liability company which has authority that is not delegated to the Board of Directors or the Board of Commissioners in carrying out its duties and authority. The duties and authorities of the GMS organs in the UUPT are; making changes to the articles of association, increasing the company's capital, reducing the company's capital, appointing directors, determining the amount of allowances for members of the board of directors, dismissing directors, appointing commissioners, determining the amount of honorarium salaries and allowances for commissioners, as well as appointing independent commissioners and dissolving the company.
Optimization Of Digital Villages In Public Services In The Era Of Technological Disruption Case Study Of Bergas Village, Semarang District, Central Java Province Adhi Susano
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.866

Abstract

The availability of information and easy access to information related to the village can provide opportunities for outsiders to get to know Bergas village, thus opening up opportunities for creating collaboration between the village and outside parties. One effort that can be made to provide access to information about villages is by digitalizing villages. Village digitalization is a priority program for the Ministry of Villages in 2021. Village digitalization can help prepare a database that is useful for planning, implementing, monitoring, and evaluating village development. Digitalization of villages in the era of disruption also supports the development of superior village potential through data collection and e-commerce, acceleration of village public services to the community, and financial transparency and village development activities. With village digitalization, it is hoped that it can raise the local potential of villages, especially the potential for tourism, MSMEs, and superior products, as well as the local food potential of Bergas village. This type of research is descriptive research. The approach used is a qualitative approach and a conceptual approach. The data source used is secondary data. Data analysis was carried out descriptively and qualitatively. Concluding is carried out using a deductive method from general to specific, especially those related to the research topic, namely Optimizing Digital Villages in Public Services in the Era of Technological Disruption. Case Study of Bergas Village, Semarang Regency, Central Java Province. This research produced findings. Creating a digital village itself has several conditions that must be met. Digital villages require the availability of adequate information and communication networks, whereas digital villages must have good communication networks because this is a factor that is used to use online-based systems. Second, to create a digital village, quite large funding is needed. Currently, digital villages are the result of collaboration between regional governments and the central government through the Communications and Information Telecommunication and Information Accessibility Agency (BAKTI) and other parties. Third, the availability of human resources (HR) who manage various online information technology-based services. The implementation of a digital village has a broad nature and concerns the interests of society, so it must be implemented in an integrated and directed manner by the government, business entities, and the community. The community has a very large role in implementing the undertaking of digital villages to realize equal distribution of welfare with the support of providing telecommunications and information infrastructure in the form of public services.
Analisis Yuridis Penerapan Pasal 74 Undang-Undang Nomor 40 Tahun 2007 Tentang Perseroan Terbatas Terhadap Pelanggaran CSR Dewinda Ari Fitriyani; Fany Aprillia Regita Cahyani; Sumriyah Sumriyah
Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA Vol. 1 No. 4 (2023): Birokrasi: JURNAL ILMU HUKUM DAN TATA NEGARA
Publisher : Sekolah Tinggi Ilmu Administrasi (STIA) Yappi Makassar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55606/birokrasi.v1i4.867

Abstract

The implementation of Corporate Social Responsibility is carried out as a form of corporate social responsibility. Corporate Social Responsibility is very important to be carried out by companies, especially companies whose operational activities have an impact on the community's environment and the environment around the company. The Government of Indonesia in implementing Corporate Social Responsibility has regulated it in Law Number 40 of 2007 concerning Limited Liability Companies, there are several articles that regulate the provisions of corporate social responsibility obligations, but there are still companies that do not comply with these social responsibility obligations and commit violations of Corporate Social Responsibility. One of the companies that committed CSR violations was PT. Freeport Indonesia to the Amuge and Comorian communities in Timika, Papua. The purpose of this study is to understand the application of article 74 of Law Number 3 of 2007 concerning Limited Liability Companies to the form of corporate responsibility to the community and find out the legal sanctions for companies that violate corporate social responsibility obligations. The type of legal research used in this study is normative legal research. Legal sources used are sourced from primary and secondary legal materials obtained from literature studies

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