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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol. 2 No. 2 (2024): May 2024" : 8 Documents clear
Implementation Of A Waste Bank Management Program In The South Tangerang City Area (Study In Benda Baru Subdistrict) Susanto; Riau, Dwi Putranto; Budiati, Ayuning
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.140

Abstract

This research aims to analyze the implementation of the waste bank management program and the waste bank management model in Benda Baru Subdistrict, South Tangerang City. This research uses a qualitative approach, data collection techniques using observations, in-depth interviews, Focus Group Discussions (FGD) and documentation. The sampling technique used in this research was purposive sampling. The informants consisted of 5 groups of informants, namely the Environmental Service, Village Employees, Waste Bank Managers, Environmental Monitoring Institutions and the Community of Banda Baru Village, South Tangerang City. This research uses the Miles and Huberman Model Qualitative Data Analysis Technique where the implementation of the waste bank management program uses policy implementation theory from George C. Edwards III, namely four variables in public policy, namely Communication, Resources, attitudes (dispositions or attitudes) and bureaucratic structure and Van Horn Theory. The latest in this research is the collaboration between the use of information technology and public policy regarding waste bank management. Waste bank management model to implement a waste bank management program by including information technology elements in the information flow, sorting/sorting flow, bookkeeping flow and customer deposit distribution flow at the waste bank. Meanwhile, the model for implementing the waste bank management program in the flow of collecting or purchasing waste from local government waste banks requires establishing a Regional Owned Enterprise or regional company that specifically handles waste produced from waste banks. This has a massive impact on the green economy concept to improve community welfare.
The Urgency of Applying the Principles of Simple, Fast and Low Cost Justice in the Execution of Industrial Relations Court Decisions in Indonesia Farida, Ema; Suriaatmadja, Toto Tohir; Sundary, Rini Irianti
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.141

Abstract

This Research Aims To Analyze The Urgency Of Applying The Principles Of Simple, Fast And Low Cost Trials In The Execution Of Industrial Relations Court Decisions In Indonesia. The Research Specification Used By The Author In This Research Is Descriptive Analytical Research, Namely a Research Method That Aims To Get An Overview Of The Symptoms Being Studied At The Present Time And Then Relate Them To Legal Norms Or Statutory Regulations The data analysis used in this research is Qualitative Data Analysis. Analyzing the content of legal documents, court decisions, and related literature to identify themes, patterns, and trends relevant to the research questions. Research results prove that The application of the principles of simple, fast and low-cost justice in the execution of Industrial Relations Court (PHI) decisions in Indonesia has a very important urgency. Here are some reasons why this is so necessary: Protection of Labor Rights: Most of the cases submitted to PHI involve labor rights and worker welfare. Delays in executing decisions may result in workers not being able to immediately obtain their rights, such as delayed wages, leave rights, or other rights.
Legal Certainty of Criminal Responsibility For Corruption Crime to its Perpetrators with the Strictest Impossion of Sentences Sari, Nani Widya; Sambas, Nandang; Darusman, Yoyon M
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.144

Abstract

This research is purposed to know and understand the legal certainty of criminal liability for perpetrators of criminal acts of corruption? Then also to know and understand what efforts must be made to overcome, prevent and eradicate corruption that has occurred so far. The method used in this research is normative juridical research method conducted by collecting secondary data through literature study. The results of the study indicate that the legal certainty of criminal liability for perpetrators of corruption is that the perpetrators of corruption must be sentenced to the most severe punishment as stated in the provisions of existing laws and regulations as part of legal objectives. Efforts that can be made to overcome, prevent and eradicate corruption are that anyone must uphold ethics and morals in carrying out their duties and responsibilities, especially legal officials and no less important is the community in this case must be willing and brave to report if there are allegations of criminal acts of corruption that occur in their environment. And last but not least, public services must be continuously improved. So that opportunities for corruption can be avoided
Preserving Legal Protection for Sundanese (Sunda Naga and Baduy Kenekes Tribes) Wisdom Amidst Modernization in the Face of COVID-19 Challenges Suryani, Reni
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.156

Abstract

The COVID-19 pandemic has entered various countries around the world, and Indonesia is no exception to this disaster. As a country with diverse cultures, many Indonesians have used local wisdom to face the COVID-19 pandemic. This research aims to understand the government's protection of the Baduy Tribe in Kanekes in facing the COVID-19 pandemic and the existence of the Baduy Tribe in Kanekes in facing the dimensions of modernization and the COVID-19 pandemic. The existence of this indigenous community is regulated in the 1945 Constitution of the Republic of Indonesia Article 18B Paragraph (2). This research uses empirical juridical research, which is a study that examines and analyzes the legal behavior of individuals or the Baduy tribal community in relation to the law. The data sources used are primary data obtained through observation and interviews with informants from the Baduy Tribe and the Sundanese Tribe in Kampung Naga. The results show that they overcome the COVID-19 pandemic through their well-preserved wisdom and culture, forming a strong mentality that allows the existence of life in Kampung Naga and the Baduy Tribe to continue without being affected by COVID-19.
Solution for Recording Interfaith Marriages Following Supreme Court Circular (SEMA) Number 2 of 2023 in Indonesia Syafrida; Tarigan, Arihta Esther; Suryani, Reni; Warsito
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.158

Abstract

This research aims to explore the solutions for recording marriages following the issuance of Supreme Court Circular (SEMA) Number 2 of 2023. According to the law, a marriage is valid if it meets the cumulative elements of Article 2, paragraphs (1) and (2), which require that it be in accordance with religious and belief systems and recorded according to regulations. Conversely, a marriage is invalid if it does not comply with religious and belief laws, resulting in the inability to register it. Before the issuance of the SEMA, interfaith marriages could be registered at the Civil Registry Office by submitting a registration application to the local District Court. However, after the issuance of this circular, such registration is no longer possible. The research method adopts a normative juridical approach, delving into literature data, particularly legislation. Despite the new regulations, interfaith marriage registrations can still occur, as judges may base their decisions on the Population Administration Law rather than the Marriage Law. Article 56, paragraph (1) of the Marriage Law essentially requires Indonesian citizens to comply with the marriage law, leaving no room for interfaith marriages. Therefore, to prevent registrations by judges at all court levels, it is necessary to reconstruct the Population Administration Law and require that one of the parties adheres to the religion and/or beliefs of their partner.
The Urgency of Expanding the Position and Functions of the Vice President in a Presidential System: A Study on Article 4 of the 1945 Constitution Prayitno, Herman Bastiaji; Suriaatmadja, Toto Tohir; Darusman, Yoyon M.
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.159

Abstract

This research highlights the role and position of the Vice President within Indonesia's presidential system, which remains ambiguous compared to the clearly defined role and authority of the President. The lack of clarity in the division of duties and the poorly defined role often lead to overlaps or gaps in the responsibilities that the Vice President should fulfill. This can result in uncertainty in decision-making and the implementation of government programs. The presence of a Vice President should ideally add an extra layer of accountability within the government. However, if their role is unclear, the public may find it difficult to assess their performance and to hold them accountable for their actions or decisions. When compared to other countries' constitutions, such as the United States and the Philippines, the role of the Vice President is more defined, but the role of the Indonesian Vice President appears to be more dependent on the President's policies. In the 1945 Constitution of Indonesia, the role of the Vice President is only broadly outlined in Article 4 paragraph (2) and Article 8. This ambiguity causes the Vice President's authority to depend on the President's policies. This research utilizes legal regulation, conceptual, and comparative approaches to understand the Vice President's position and powers. The research findings indicate that the Vice President's role is intended to assist the President and has a primary role in assuming the President's position in accordance with Article 8 of the 1945 Constitution. However, the Vice President's role does not have absolute authority as their power depends on the President's policies and preferences. This creates a complex dynamic between the President and the Vice President, with the Vice President's authority merely shadowing the President's power. Upon examining Article 4 of the 1945 Constitution, the Vice President's role should emulate that of the Vice President of the United States. According to this provision, the Vice President, with support from the Ministers, has the authority to declare the President's incapacity to exercise power and presidential duties, and conversely, the President can make statements contrary to the Vice President's statements, complementing each other.
Decriminalizing Marijuana Use as an Alternative Medical Treatment Guntara, Bima; Sambas, Nandang; Yanto, Oksidelfa
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.160

Abstract

The discourse surrounding the legalization of Class I narcotics, particularly marijuana (Cannabis Sativa), as one of the alternative medical treatments, has been continuously debated for the past few years. Various studies have been advancing with technological progress, prompting some other countries to start legalizing marijuana for medical purposes with certain restrictions. In Indonesia, there is a clear law, namely Law Number 35 of 2009 concerning Narcotics, which imposes restrictions and prohibitions on the use of various narcotics. Violators of these regulations are subject to criminal sanctions. In this legal research, the author will conduct a literature study using a statutory approach, which involves examining all relevant laws and legal regulations related to narcotics and the legality of the policy on the use of Class I narcotics as alternative medical treatments, such as the 1945 Constitution of the Republic of Indonesia (UUD 45), Law Number 35 of 2009 concerning Narcotics, Law Number 17 of 2023 concerning Health, and Law Number 39 of 1999 concerning Human Rights. The research findings indicate that juridically, the Narcotics Law, especially Article 6 paragraph (1) letter a and Article 8 paragraph (1), prohibits the use of Class I narcotics for medical purposes, which is clearly contradictory to Article 28C paragraph (1) of the 1945 Constitution where every person has the right to develop themselves through the fulfillment of their basic needs, the right to education, and to benefit from science and technology, arts, and culture, for the purpose of improving their quality of life and the welfare of humanity. Furthermore, the Health Law does not specifically regulate the use of marijuana for medical purposes, but only addresses general regulations regarding the use of narcotics. It is hoped that the results of this research can become a reference for policy makers to legalize the use of marijuana as an alternative treatment.
Families of Victims Often Reject Forensic Autopsies in Cases of Unnatural Death Slamet, Amalul Arifin; Sambas, Nandang; Mahmud, Ade
Sinergi International Journal of Law Vol. 2 No. 2 (2024): May 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i2.161

Abstract

Forensic autopsies are integral to determining the exact cause of someone's death. In Indonesian criminal law, specifically Articles 222 of the Criminal Code and Articles 133-134 of the Criminal Procedure Code (KUHAP), provisions regarding forensic autopsies are outlined. However, there are challenges in implementing the requirement to notify the victim's family about the autopsy, which can hinder the enforcement of law in cases of unnatural deaths. It's crucial to note that only through forensic autopsies can material truths be scientifically revealed, from the initiation of investigations to the presentation of evidence in court. Legal cases and final court decisions underscore the importance of forensic autopsies in proving cases categorized as material criminal offenses. Therefore, in cases of unnatural deaths, the execution of forensic autopsies should not necessarily depend on the victim's family consent to ensure fair legal certainty for all parties involved - the victim, perpetrator, and society. This study aims to understand the role of forensic autopsies in unnatural deaths and examine cases where the victim's family rejects the autopsy based on Article 222 of the Criminal Code in conjunction with Articles 133-134 of the Criminal Procedure Code. The research methodology combines normative and empirical approaches to analyze applicable legal norms and their application in events to achieve predefined objectives. Findings indicate that the refusal of the victim's family to consent to a forensic autopsy in unnatural deaths significantly impacts court decisions, potentially obstructing law enforcement agencies in resolving cases. Even if the family objects, law enforcement agencies must continue their duties, as forensic autopsies are vital for court evidence, typically presented as a report issued by forensic experts or doctors under police instruction. During trials, victims can still attain legal certainty and justice. Forensic autopsies should align with existing laws. It is hoped that from this research the implementation of forensic autopsies can proceed as regulated in criminal laws and regulations.

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