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Law and Humanity
Published by Universitas Wijaya Putra Surabaya
ISSN : -     EISSN : 29879191     DOI : 10.37504
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Magister Hukum (Law and Humanity) Universitas Wijaya Putra adalah media publikasi online khusus keilmuan di bidang hukum baik hukum pidana maupun hukum perdata bagi para pakar, akademisi, praktisi, pejabat negara, lembaga swadaya masyarakat, dan pemerhati hukum tata negara untuk menyebarluaskan hasil penelitian atau kajian konseptual tentang konstitusi dan topik-topik hukum tata negara yang belum dipublikasikan di tempat lain.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 90 Documents
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Perlindungan Hukum Tenaga Kesehatan (Penata Anestesi) Setelah Terbitnya Undang-Undang Kesehatan Nomor 17 Tahun 2023 Gunawan Wahyudiono; Joko Ismono; Nuryanto A. Daim
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.605

Abstract

Anesthesiology services and intensive therapy in hospitals are part of health services that are developing rapidly in line with improvements in science and technology in the field of anesthesia. Law no. 17 of 2023 concerning Health provides a glimmer of hope that there will be a solution to meet the needs of specialist/subspecialist doctors in various regions. The formation of Law Number 17 of 2023 concerning Health has proven to cause obstacles. The regulations tell how hospitals as an extension of the minister, provincial government and district/city government should act, how to respond and what sanctions there will be. However, the existence of anesthesia practitioners who practice without STRPA and SIPPA is an indication that the law is not working optimally in society.
Implementasi Perdagangan Karbon di Indonesia Pasca Terbitnya POJK Nomor 14 Tahun 2023 Tentang Bursa Karbon Suci Ariyanti; Suwarno Abadi; Taufiqurrahman Taufiqurrahman
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.606

Abstract

POJK Number 14 of 2023 on Carbon Exchange is the Government's effort to create a carbon trading arrangement through a carbon exchange. Previously, the government issued two regulations related to carbon trading, namely Presidential Regulation Number 98 of 2021 and Minister of Environment and Forestry Regulation Number 21 of 2022. However, it turns out that these regulations still have weaknesses. This research is a normative legal research. The results show that after the enactment of POJK on Carbon Exchange, there are still weaknesses where the basis of paid-up capital as a carbon exchange organizer is exactly the same as the stock exchange rules listed in Article 3 POJK 3/2021. This provision is considered to make the carbon exchange exclusive. In addition, several rules in POJK 14/2023 such as the form of carbon trading is securities, so there will be delisting, even though carbon has no such thing as disappearing or delisting. In addition, Article 27 related to the terms and procedures of carbon exchange organizers must meet the principles of openness, access, and equal opportunity contradicts the definition of carbon as securities. This is because if the form of carbon exchange has become securities, then those who will enter will also be stock exchange players. Therefore, this regulation does not explain who can be involved in carbon trading other than the organizers. Individuals, cooperatives, communities, NGOs can be involved in carbon trading or not.
Kepastian Hukum Mengenai Penetapan Tersangka Untuk Kedua Kalinya Oleh Penyidik Pemberantasan Korupsi Leo Dwi Prasetiyo; Rihantoro Bayu Aji
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.607

Abstract

The background of writing this journal article is the second time the determination of a suspect against Ilham Arief Sirajjudin (Petitioner), the former mayor of Makassar by investigators from the Corruption Eradication Commission (KPK). Previously, the Corruption Eradication Commission named the Petitioner as a suspect, but the Corruption Eradication Commission lost in pretrial because it named the Petitioner as a suspect but did not fulfill at least 2 valid pieces of evidence according to the Criminal Procedure Code. Therefore the pretrial judge granted the Petitioner's request and declared the KPK's determination of the suspect invalid with decision number 32/Pid.Prp/2015/Pn.Jkt.Sel on (Pretrial volume 1). Then, after the Pretrial Appellant was granted by the pretrial judge, several days later, the KPK again named the Petitioner as a suspect. However, the Petitioner again carried out pretrial efforts with one of his petitions namely that the Petitioner had won in the previous pretrial and the decision was final and binding on all parties, so if the KPK again named the Petitioner as a suspect it would create legal uncertainty for the Petitioner. However, in pretrial volume 2, the pretrial judge did not grant the Petitioner's request on the grounds that the KPK had determined the Petitioner according to procedure. And finally the Judge rejected the Petitioner's Pretrial with decision number 55/Pid.Prp/2015/Pn.Jkt.Sel. In the Pretrial Decision of the South Jakarta District Court Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn.Jkt.Sel there are two legal issues that the author will raise in this journal article In this case, the first problem is related to the determination of a suspect for the second time by Corruption Eradication Commission investigators against someone whose pretrial has been granted in relation to the principle of legal certainty. The second legal issue is related to the principle of Ne bis in idem in the Criminal Code which is linked to decisions Number: 32/Pid.Prp/2015/Pn.Jkt.Sel and 55/Pid.Prp/2015/Pn .Jkt.Sel regarding the determination of the suspect for the second time against someone. The purpose of writing a journal article to be achieved is to analyze the determination of a suspect for the second time by KPK investigators against someone who has been granted a pretrial based on the principle of legal certainty. Then the second objective is to analyze the existence of the Ne Bis In idem principle in the Criminal Code by pretrial decision regarding the determination of the suspect to return for the second time against someone. The conclusions drawn based on the writing of this journal article are first, the determination of a suspect for the second time against someone who has been granted pretrial by KPK investigators does not conflict with the principle of legal certainty, because pretrial is purely administrative or formal in nature. Therefore, if the investigator is still convinced that the person has committed a crime, the investigator can re-establish that person as a suspect through the correct legal procedures. The second conclusion, the principle of ne bis in idem in the Criminal Code does not apply to pretrial decisions regarding the determination of a suspect for the second time against someone, because pretrial is administrative (formal) in nature, namely it only has the authority to examine and decide legal matters, not forced efforts and provide protection of human rights in a person at the level of investigation and prosecution and not examining matters at the time of trial or the main case.
Pembaruan Pengaturan Pidana Demi Eradikasi Praktik Prostitusi Lilia Safitri Assyifa; Kamila Maharani Sitaputri; Nobella Indradjaja; Chamdani Chamdani
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.608

Abstract

The rapid technological advancement nowadays accelerates the spread of various forms of information, including information regarding prostitution practices. Meanwhile, from a legal perspective, a complete regulation on prostitution practices is at its minimum, and thus the impacts of the prostitution practices affect health aspects and drives social turmoil in the community. This research aims to review regulations related to prostitution practices, especially in the applicable criminal law in Indonesia, and propose factors that emphasizes a law reform, so that in the future, prostitution practices may be handled more thoroughly. This research uses a normative method, with secondary data that includes literary research and reviews on laws and regulations as well as an analysis method that uses a prescriptive technique. The conclusion resulting from this research reveals that in reality, several regional regulations have regulated prostitution practices, but nationally, there has not been any regulation that strictly regulates prostitution practices. The suggestions proposed by the researcher for the future is in a preventive and repressive form, which are clear limitations of prostitution practices, criminal act reform for pimps, criminalization for commercial sex workers (PSK), the use of double-track system in imposing sanctions, criminal act formulation, and criminal aggravation.
Perlindungan Hukum Bagi Konsumen Dalam Kasus Gagal Bayar Klaim Asuransi Di Indonesia Juli Kushertin; Suwarno Abadi; Nuryanto A. Daim
Law and Humanity Vol 2 No 1 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i1.609

Abstract

Good corporate governance or better known as Good Corporate Governance is a value system that is a benchmark for a company's ability to carry out operational activities and business processes in a healthy manner. The Financial Services Authority (OJK), which was formed in accordance with Republic of Indonesia Law Number 21 of 2011, is not running effectively and is considered to have been negligent in its supervision process, resulting in actions involving deviant practices such as corruption and money laundering in the case of PT Asuransi Jiwasraya consumer failure to pay. Law enforcement in order to guarantee that the public gets their rights, consumers who fail to pay PT Asuransi Jiwasraya (Persero) have found a solution through restructuring. So that urgent changes can be implemented ably by the state, financial sector reform Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector exists as legal protection. Legal protection is carried out to restore trust. Legal protection is the state's effort to compile the achievements of the Indonesian Long Term Development Plan (RPJPN) 2025-2045 as part of legal development. The aim of the research is to determine law enforcement and legal protection from criminal acts of corruption in the financial sector which operates in the insurance sector, case study PT Asuransi Jiwasraya which has a progressive legal correlation of asset confiscation. The type of research, problem approach, theory used is normative legal research with a statutory approach with a conceptual approach. The theory used to analyze is the basic theory of Lex Specialis Derogat Legi Generalis. The research results show that the application of law and corporate legal protection from criminal acts of corruption in the Jiwasraya case study is intended to provide legal certainty and legal protection to help maintain the image of good government.
Legalitas Penggunaan Mata Uang Kripto Sebagai Alat Pembayaran Pada Era Industri 4.0 Mukharrom Hadi Kusumo; Nuryanto A. Daim
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.632

Abstract

The public has made many changes to the pattern of economic transactions and non-cash currency transactions, indicating the increasing acceptance and preference of the public for online shopping and the formation of an e-commerce ecosystem, so Bank Indonesia will accelerate the issuance of a central bank digital currency. As in the preamble of the 1945 Constitution that the Indonesian nation is an independent nation based on the freedom of life as a nation, as a form of the Government of the State of Indonesia to promote general welfare and educate the nation's life, there needs to be a normative juridical type of research. The policy to regulate cryptocurrencies as legal tender in the country of El Salvador is a new breakthrough in the world of legal development so that the law follows technological developments in Era Industri 4.0. The legality of the Bitcoin crypto currency of the Republic of El Salvador is not much different from the legality of the regulation of the Indonesian Rupiah currency, thus enabling the Indonesian Government to make the Indonesian Rupiah cryptocurrency as a new means of payment in Era Industri 4.0.
Konflik Norma Mengenai Pengupahan Pada Peraturan Daerah Nomor 22 Tahun 2012 Tentang Sistem Penyelenggaraan Ketenagakerjaan Di Kabupaten Pasuruan Holis Safana; Suwarno Abadi
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.633

Abstract

Article 88B of the Employment Creation Act expressly stipulates the regulation of workers' wages. In the article there are concepts of wages with results and units of time based on hourly wages. Pasuruan Regency is one of the regencies that has problems with the wage system law. Regional Regulation Number 22 of 2012 namely Article 37 paragraphs 4 and 5 with an additional 5% of the Regency/City Minimum Wage value is synchronized with worker productivity which is a conflict of norms against the implementation of Regional Regulation Number 22 of 2012 concerning the system of labor administration and its enforcement. Implementation of the policy of Regional Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency is oriented to the realization of a balance between the interests of the implementer by avoiding potential conflicts over the regulation. This research was conducted using a research method with a conceptual approach and a statutory approach. The research method approaches Law Number 11 of 2020 concerning Job Creation and Government Regulation Number 36 of 2021 concerning Wages which considers the minimum wage. Since the stipulation of District Regulation Number 22 of 2012 concerning the Employment System in Pasuruan Regency, the focus has been on achieving a balance in realizing the interests of the executors by avoiding potential conflicts over these regulations. Legal resolution related to the conflict of norms contained in Regional Regulation Number 22 of 2012 concerning the Employment Implementation System in Pasuruan Regency, which currently can only be reached by mediation.
Analisis Yuridis Pembentukan Undang-Undang Cipta Kerja Menurut Teori Perundang-Undangan Adi Subowo; Joko Ismono
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.634

Abstract

The principles that make up laws and regulations, both formal and material, are usually ignored when making the Job Creation Law. The focus of this research is whether the Job Creation Law is in accordance with being carried out transparently and whether the legislative process of the Job Creation Law is considered too fast and ignores democratic principles. Normative juridical legal research, or research on legal standards, is used as a research methodology. Secondary data are obtained by combining data from primary, secondary, and tertiary legal materials. The results showed that Law Number 11 of 2020 concerning Job Creation has no legal force at the drafting stage, violating the NRI Constitution of 1945 and the principles of Law Number 12 of 2011 as amended by Law Number 15 of 2019 concerning the Establishment of Laws and Regulations. Adolf Merkel's double-faced theory and Hans Nawiasky's level theory meet the Job Creation Law. Here, the highest standards are Pancasila and the Indonesian Constitution of 1945, which are the basic standards of the country. According to Hans Nawiasky's theory, the Job Creation Law is considered a formal, gesetz, or formal law.
Analisa Yuridis Kewenangan Badan Anggaran Dewan Perwakilan Rakyat Daerah Dalam Penyusunan Anggaran Pendapatan Dan Belanja Daerah Di Kabupaten Bojonegoro Hidayatus Sirot; Nuryanto A. Daim; Rihantoro Bayu Aji
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.636

Abstract

In line with the concept of regional autonomy, that autonomous regions have the authority to exercise discretion, manage and explore the potential of their natural wealth as well as human resources so that the aims and objectives of regional autonomy can be carried out properly. The management and utilization of natural resources must be carried out wisely where the results are in addition to regional financial income, and are solely for the benefit of the wider community. Therefore, how the budget function of the Regional People's Representative Council to be effective and appropriate in the preparation of APBD planning must be optimized for the benefit of the community, because often the implementation of the budget function is not carried out properly and even tends to invite problems in the future, as well as members of the Regional People's Representative Council. often trapped in the interests of groups and party interests, thus neglecting the interests of the community which should be prioritized. In order to optimize the potential of the existing budget in the region, an active role is needed from the Budget Board of the Bojonegoro Regency Regional House of Representatives. This study aims to discuss and analyze the concept of the function of the budget according to the laws and regulations and the authority of the budget agency of the Regional People's Representative Council in the context of preparing the Regional Revenue and Expenditure Budget. The type of research used in this research is normative juridical with a statutory approach and a historical approach, and ends with a qualitative descriptive analysis in producing a precise and accurate analysis.
Keabsahan Dan Kekuatan Hukum Alat Bukti Closed Circuit Television (CCTV) Dalam Pemberlakuan Tilang Elektronik Darwoyo Darwoyo; Suwarno Abadi
Law and Humanity Vol 2 No 2 (2024): Jurnal Law and Humanity
Publisher : Universitas Wijaya Putra

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37504/lh.v2i2.637

Abstract

The application of an electronic ticket or Electronic Traffic Law Enforcement (ETLE) by the police is considered to have many problems and challenges for the police in the future, with reference to closed circuit television (CCTV) evidence that causes the gap in the use of CCTV (Closed Circuit Television) evidence in the criminal justice process, the first is the legal factor itself where the use of CCTV is not included in legal evidence in the Criminal Procedure Code, the two different perspectives which will result in different thoughts that will be accepted by someone, the three norms which becomes legalistic positivistic is not clear in certain cases. Legal basis for prosecution of traffic violations. According to Law Nomor 2 of 2009 concerning Traffic And Road Transportation, article 260 and article 262 who are authorized to take action against traffic violations using CCTV can carry out law enforcement such as investigations and investigations of criminal acts of LLAJ or other crimes, acts of handling of accidents, violations, and traffic jams by the Police and the pursuit, ambush, arrest, and prosecution of perpetrators and/or vehicles involved in crimes or traffic violations. The formulation of the legal problem contains points regarding the juridical review and application of the validity of ETLE as evidence in the trial. This research is a legal research with a normative juridical approach with a statutory and case approach, especially the decision of ticketing for traffic violations. The results of the research and discussion conclude that the use of CCTV (Closed Circuit Television) evidence can be used as evidence in the criminal justice process and the application of the e-Tilang system can reduce the number of traffic accidents.

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