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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 66 Documents
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The Relationship between Islamic Law and the Concept of Gender Equality Based on Maqasid Sharia Perspective Rismilda, Nela Aprilia
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.90

Abstract

This study aims to determine the relationship between Islamic law and gender equality using the maqashid sharia approach. Gender equality is a concept that refers to the granting of equal rights, responsibilities, and opportunities to all individuals regardless of gender whether male or female which covers various aspects of life. This research analyzes the relationship between Islamic law as the main law of Islam and gender equality, which is a concept in all religions that is drawn using the maqashid sharia perspective. The research method used is qualitative literature that uses maqasid sharia studies as the primary data source and secondary data such as literature related to the studies discussed. The results show that in the perspective of maqasid sharia, gender equality in Islamic law holds the main principle of maintaining the benefit and justice as well as the maintenance of the five principles of maqashid sharia consisting of hifdz ad-din, hifdz an-nafs, hifdz al-aql, hifdz al-nasl, and hifdz al-mal.
The Perspective on The Norm of Severance Pay Compensation For Fixed-Term Employment Contracts Based on Law No. 11 of 2020 on Job Creation is Linked to Legal Certainty Nursa’adah; Dauman
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.93

Abstract

The changing landscape of the millennial-era business world demands affordability and quality, necessitating a minimal cost strategy for optimal performance. Before 2000, permanent employment was the norm, but thereafter, employers began using fixed-term employment agreements managed by outsourcing firms. Various aspects of the employer-employee relationship have been regulated in employment law, including Law No. 13 of 2003 on Manpower and Law No. 11 of 2020 on Job Creation. However, implementing these regulations, particularly concerning compensation for fixed-term employment under Law No. 11 of 2020, has created legal challenges, notably for employers in sectors like cleaning, parking, security, and more. This study employs a normative legal research approach, analyzing legal provisions and their real-world applications. It aims to assess the applicability of severance compensation rules for fixed-term employment agreements in outsourcing companies. The findings will be presented in a report scheduled for publication in July 2023.
Reconstructing Legal Protections for Justice Collaborators within the Criminal Justice System as an Effort to Uncover Common Crimes in Indonesia Indriawati, Sri Endah; Prastiwi, Dian Eka; Tuanaya, Halimah Humayrah
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.94

Abstract

Perpetrators of general crimes who are willing to cooperate with law enforcement are commonly referred to as justice collaborators. These individuals play a crucial role as a valuable source of information for law enforcement agencies in unveiling general crimes, particularly those involving intricate criminal networks. Justice collaborators offer testimony, guidance, and even assist in securing substantial evidence to bolster criminal cases currently under investigation by authorities. The primary objective of this research is to examine the overhaul of legal safeguards for justice collaborators within the Indonesian criminal justice system, aiming to facilitate the detection of general criminal activities. This research adopts a normative legal research approach with a statutory focus. The author, in addressing the research question, relies on primary legal sources, secondary legal materials, and tertiary legal references as parameters for problem resolution. For data collection, a qualitative approach was chosen, specifically emphasizing a quality assessment. Consequently, the technique employed for data collection in this study is qualitative analysis. Within this research, two pivotal issues related to reconstruction will be elucidated. First, the study will delve into the prerequisites for conferring justice collaborator status in general crimes. Second, it will explore the reconstruction of general criminal acts as actions eligible for justice collaborator involvement.
The Processing of Household Waste by Residents of Griya Serpong Housing Complex, Serpong Sub-District, South Tangerang, Indonesia, in Compliance With Law Number 18 of 2008 and Law Number 32 of 2018 Suryani, Reni; Sa’adah, Nur; Lubis, Ilhamsyah
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.95

Abstract

The Waste Management Law Number 18 of 2008 mandates waste management at various levels, including producers, communities, industrial areas, traditional markets, and malls. Local government administrations in regencies and cities need to create or revise regional regulations (Perda) and design a communal-based waste management masterplan. Until now, waste management has largely been centralized, with an open dumping system at the final disposal site, which ended in 2013. There are three forms of urban waste management: centralization, decentralization, and centralization-decentralization. An ideal waste management pattern is neither purely centralized nor decentralized, but rather a combination of both. Organic Waste Management Facilities (OWMF) are established at the source of dominant waste generation (initial stage), with a recycling system similar to City Waste Management Facilities (CWMF) to support and assist in marketing the products of the OWMF established by Joint Business Groups (KUB) formed by the community, known as the "self-sustaining concept." Addressing the waste problem requires an examination of the current waste management practices to identify areas where improvements and enhancements can be made, so that only waste that truly cannot be recycled ends up in the final disposal site, such as hazardous waste (B3) that is incinerated directly. This research aims to provide a solution to the waste disposal issue, which is largely centralized in Indonesia.
Criminal Liability For Perpetrators of Negligent Crimes Resulting in the Death of Others in Traffic Accidents Hasbi, Fariz Rifqi; Utari, Anak Agung Dewi; Aringga, Rino Dedi
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.96

Abstract

Criminal responsibility leads to the prosecution of the perpetrator who has committed a criminal act and fulfills its elements as stipulated in the law. Viewed from the perspective of the occurrence of a prohibited act (obligation), an individual will be criminally accountable for such actions if they are against the law. To hold someone criminally accountable, one must consider the culpability of the perpetrator. However, it is not sufficient to consider only the culpability; one must also consider the reasons and circumstances that eliminate the penalty as outlined in Articles 44, 48, 49, 50, and 51 of the Indonesian Penal Code (KUHP). In cases where the perpetrator has met the provisions of those articles, they are exempted from the threat of criminal charges. The research method used is normative juridical, which involves legal research on primary and secondary legal materials, especially those related to the discussed subject matter. This study aims to determine how criminal responsibility is imposed on perpetrators of negligent crimes resulting in the death of others in traffic accidents. From the research findings, it is concluded that the defendant Mariyanto, based on the trial facts, did not meet the criteria set forth in Articles 44, 48, 49, 50, and 51 of the KUHP that would eliminate the penalty. Therefore, Mariyanto can be held responsible and subject to criminal accountability. Considering that the victim also bears some responsibility contributing to the commission of the offense and that the defendant had no malicious intent, posing no danger, the writer suggests that the defendant should be appropriately sentenced to probation, as proposed by Mariyanto's Legal Counsel in their plea, taking into account humanitarian and justice considerations.
Observing the Existence of the Constitutional Court Addresses the Evolving Dynamics and Challenges of the Legal System in Indonesia Nining
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.100

Abstract

The evolution of the legal paradigm in Indonesia after the reform era reflects efforts to move towards a more democratic legal system that respects human rights. The presence of the Constitutional Court (MK) as a constitutional judicial institution has had a significant impact on the consistency of legislation and the role of the Constitutional Court in addressing the extent of the development, dynamics, and challenges of the Indonesian legal system at present. This article will discuss and examine, first, the extent to which the Constitutional Court actively contributes to improving the quality of Indonesian law, and second, whether Constitutional Court decisions can create legal precedents that can be used as references in establishing new laws. The lack of access to justice in various layers of society requires improvements in the context of creating a more inclusive and efficient legal system. The decisions of the Constitutional Court are final and binding, and the mechanism of checks and balances needs legal reconstruction regarding the regulation of the nature of Constitutional Court decisions by explicitly emphasizing the word "binding" both in the 1945 Constitution and in several related laws.
The Role of Informed Consent as Legal Protection for Doctors in Conducting Medical Procedures Fitriana, Dian
Sinergi International Journal of Law Vol. 1 No. 3 (2023): November 2023
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v1i3.101

Abstract

The field of Health Law recognizes Therapeutic Transactions as an agreement between a doctor and a patient, granting authority to the doctor to provide healthcare services to the patient based on their expertise and skills. Therapeutic transactions take the form of informed consent or approval of medical procedures before they are carried out. Informed consent involves the doctor explaining to the patient the condition of their illness and the medical procedures intended to address it, in the doctor's efforts to achieve recovery. Research findings indicate that informed consent plays a crucial role in the relationship between doctors and patients, serving as written evidence of the agreement between the doctor and the patient before medical procedures are undertaken. Informed consent can serve as the basis for proving whether a patient accepts or refuses a medical procedure, providing protection to the doctor. Legal protection for doctors is obtained as long as they carry out procedures in accordance with professional standards and operational procedures. For doctors, informed consent provides a sense of security when performing medical procedures on patients and can be used as a means of self-defense against potential claims or lawsuits from patients or their families if the medical procedure results in unintended consequences. Legal measures that doctors can take in the event of an undesired outcome related to medical procedures include attempting mediation with the patient first. If mediation fails or lacks good faith, the resolution may proceed through the legal system.
The Legal Certainty of Legitimate Ownership in Copyright Works of Songs or Music, as well as Associated Rights in Non-Declarative Recording in accordance with the Royalty Management System under Government Regulation No. 56 of 2021 (Case Study on Copyrigh Litoama, Fransiskus; Purgito
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.102

Abstract

The non-registration of data on song or music creators and related rights in the Directorate General of Intellectual Property (DJKI) database and the Song and Music Information System (SILM) could lead to legal uncertainty regarding the economic rights of song or music creators and related rights in claiming royalty rights. This research aims to explore the legal consequences of a song or music copyright/related rights that are not registered in the SILM and the dispute resolution patterns as efforts to provide legal protection for unregistered song or music copyrights/related rights in the SILM. The applied method is empirical sociology to assess the effectiveness of legal instruments in accordance with applicable regulations by observing the research objects and the level of their implementation in practice. The results indicate that for works of music or songs not recorded in the SILM, royalty payments are made voluntarily by users with the condition of not creating new records, and dispute resolution patterns involve mediation through the PPNS before proceeding to litigation to seek a win-win solution.
Responsibility of the Inspectorate for the Prevention and Handling of Corruption Cases in the Region or Ministry: (Reviewed in accordance with Law Number 19 of 2019 concerning the Eradication of Corruption) Santoso, Bambang; Haryanti, Amelia
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.107

Abstract

This research aims to determine the role of the Inspectorate in carrying out internal oversight as an effort to detect potential corruption at the regional level. Rampant corruption at various levels of local government necessitates an active role from internal oversight institutions such as the Inspectorate. The Inspectorate serves as the frontline in preventing corruption at the local level. Consistent and effective anti-corruption efforts by the Inspectorate can positively contribute to creating a government that is clean, accountable, and serves with integrity for the welfare of the community. The role of the Inspectorate in preventing corruption at the local level is crucial in ensuring the establishment of a clean, transparent, and integrity-driven governance. As an internal oversight institution at the local level, the Inspectorate plays several strategic roles that contribute to anti-corruption efforts. This research aims to analyze the methods and strategies employed by the Inspectorate in monitoring and identifying potential corrupt practices, as well as to analyze the impact of internal oversight effectiveness on corruption prevention at the regional level. The research methodology involves documentation analysis, interviews with Inspectorate officials, and surveys of opinions from relevant stakeholders. The results of this research are expected to provide a better understanding of the Inspectorate's role in combating corruption at the local level and offer recommendations for improvements in internal oversight implementation.
The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion Dermawan, I Made
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.108

Abstract

The purpose of marriage includes the desire to have offspring; however, not all married couples achieve this, often due to primary health issues. Expert doctors, armed with knowledge and technology, have discovered a method in the process of reproduction known as in-vitro fertilization (IVF). This discovery serves as a solution for married couples facing health problems. IVF is a process where egg fertilization by sperm occurs outside the female body, utilizing a fertilization tube. The resulting valid fertilization is then implanted in the wife's womb, from where the egg originated. The legal regulations for IVF are based on Law Number 36 of 2009 concerning health. Assisted pregnancy efforts can only be undertaken by legally married couples, meeting specific criteria such as fertilization materials originating from the husband and wife, with the implantation performed by authorized healthcare professionals at designated facilities. If these conditions are met, the offspring resulting from IVF is considered the biological child of the married couple. However, new challenges arise when the IVF process is conducted after the husband's demise, particularly in determining the lineage and civil rights status of the child or baby born through this process. To address these new challenges, this research aims to understand the legal status of posthumous IVF implementation and the lineage and civil rights status of children born through this process. The research is conducted through a literature review, utilizing a normative approach, with data collection from primary and secondary sources. The research findings indicate that the lineage and civil rights of a child born through posthumous IVF can be established with evidence from the biological father, demonstrated through scientific and technological means or other legal evidence establishing a blood relationship, as highlighted in Constitutional Court Decision No. 46/PUU VIII/2010.Keywords: In-Vitro Fertilization (Bayi Tabung), Legal Certainty, Civil Rights.

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