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Focus Journal Law Review
Published by UNIVERSITAS BALI DWIPA
ISSN : -     EISSN : 28297415     DOI : 10.62795
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Focus Journal Law Review (FJL) is a blind peer-reviewed journal dedicated to the publication of quality research results in the field of law. All publications in Focus Journal Law Review (FJL) are open access which allows articles to be freely available online without any subscription.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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The United Nations in the Field of Education (Constitution United Nations Educational, Scientific and Cultural Organization) Thomas John Kenevan
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.29

Abstract

Every international community and government in countries in the world and all components are obliged to educate the life of their nation which is one of the goals of a country. Education in principle demands the application of the principles of democracy, decentralization, justice, and upholding human rights in the life of the nation and state. In relation to education, these principles will have a fundamental impact on the content, processes and management of the education system. In addition, science and technology are developing rapidly and giving rise to new demands in all aspects of life, including in the education system. This demand concerns the renewal of the education system, including curriculum renewal, namely curriculum diversification to serve diverse students and regional potential, diversification of types of education that are carried out professionally, preparation of graduate competency standards that apply nationally in countries around the world. Education in principle demands the application of the principles of democracy, decentralization, justice, and upholding human rights in the life of the nation and state. In relation to education, the importance of the principle of preparing education funding standards for each education unit is in accordance with the principles of equity and justice implementation of school-based education management and higher education autonomy as well as the implementation of education with an open and multi-meaning system. Renewal of the education system also includes eliminating discrimination between government-managed education and community-managed education, as well as the distinction between religious education and general education. In the context of the United Nations in the field of Education, which manages the Educational, Scientific and Cultural sector, namely the United Nations Educational, Scientific and Cultural Organization, abbreviated as UNESCO.
International Refugee Law Study Perspective State Obligations to Refugees Alarico Gomes
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.30

Abstract

In principle, international refugee law must be in line with the development of society to understand the many problems that occur in the context of international refugees, that international refugee law is expected to function or be useful in regulating and resolving complex international refugee problems in an international scope in an appropriate and fair manner. Efforts to obtain legal protection, of course, what humans want is order and regularity between the basic values of law, namely legal certainty, legal usefulness and legal justice. Although in practice the three basic values are generally in conflict, efforts must be made for the three basic values to coincide. This also applies to international refugee law in modern times, which basically aims to create legal protection for order and regularity between the basic values of law, namely legal certainty, legal usefulness and justice within the scope of international refugees. Whereas a state's obligations to refugees, based on the provisions of Article 3 of the 1951 Convention on the Status of Refugees, state parties are obliged to apply the provisions of this convention to refugees without discrimination on race, religion or country of origin.
The Legal Study of Materiil Testing Rights Supreme Court in Indonesia Ni Luh Gede Astariyani
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.31

Abstract

The authority of the Supreme Court to examine statutory regulations under the law or in this case referred to as judicial review is a mandate of the 1945 Constitution. Article 24A paragraph (1) of the 1945 Constitution which is the result of the Third Amendment states, "The Court The Supreme Court has the authority to judge at the level of cassation, examine the legislation under the law against the law, has other powers granted by law. From these provisions it is clear that the 1945 Constitution provides 3 (three) categories of authority to the Supreme Court, namely (1) adjudicating at the level of cassation, (2) examining statutory regulations under the law against the law, and (3) other powers granted by law. Specifically for the third provision, the 1945 Constitution stipulates that the authority of the Supreme Court is open, which means that it is possible to increase the authority of the Supreme Court as long as it puts the regulation of the additional authority into or by law. The examination is carried out on a statutory provision against a higher statutory regulation or against the constitution as the highest law. That is, judicial review works on the basis of legal norms or statutory regulations that are hierarchically structured. Without this hierarchy, it is impossible to conduct a judicial review. At this time in Indonesia the hierarchy of laws and regulations is regulated in Article 7 of Law no. 12 of 2011 concerning the Establishment of Legislation.
Juridical Study of Determination of Wages for Workers based on Job Creation Act I Wayan Merta Sukadana; Anak Agung Sagung Ngurah Indradewi
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.32

Abstract

The enactment of Law Number 11 of 2020 concerning Job Creation makes the wage system previously regulated in Law of the Republic of Indonesia Number 13 of 2003 concerning Manpower undergo a change where the wage system which initially stated that the governor was obliged to set the minimum wage for the province became the governor to set the minimum wage. district/city with certain conditions where the use of the word “can” in determining the district/city minimum wage (UMK) is very detrimental to workers. The type of research used is normative legal research. The type of approach used is the Legislative Approach. Legal concept approach. Historical approach. The sources of legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. Legal Materials Collection Techniques that the author uses in this study is a literature study data collection technique. Based on the legal materials obtained and then analyzed, then used the technique of processing legal materials in a qualitative descriptive manner. The conclusion of this study is that the regulation of the wage system in Law No. 11 of 2020 concerning job creation is the type of wages reduced where there are several points missing from the Manpower Act, the component of decent living is not included where the Job Creation Act eliminates these points in provisions for determining minimum wages and years of service are not considered in the Job Creation Act. Then the determination of the wages of workers based on article 88 c of Law No. 11 of 2020 concerning job creation only provides for the obligation to determine the minimum wage at the provincial level, while at the district/city level it is optional or optional. In fact, the provincial minimum wage is the lowest minimum wage among all district/city minimum wages in the province.
The Role of The United Nations Committee on the Peaceful Uses of Outer Space I Nyoman Prabu Buana Rumiartha
Focus Journal : Law Review Vol 2 No 2 (2022): Focus Journal Law Review Vol. 2 No. 2
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v2i2.33

Abstract

Based on the provisions of Article 1 Paragraphs 1 and 4 of the United Nations Charter, it is stated that the purpose of the United Nations is to maintain international peace and security, in this case to take effective collective action for the prevention and elimination of threats to peace, to suppress acts of aggression. or other violations, to bring it about by peaceful means and in accordance with the principles of justice and international law, adjustments or adjustments to the international situation that may lead to peace and the United Nations, as well as centers to harmonize the actions of nations in peace with common goals. So to realize these things, the United Nations establishes international bodies that regulate the regulations that apply when problems occur between countries in the world, furthermore for the regulation of the peaceful use of outer space in this case the United Nations, formed The United Nations Committee on the Peaceful Uses of Outer Space (UN-COPUOS) and the Division of Outer Space Affairs, as an important committee in overseeing the peaceful use of outer space. The United Nations General Assembly in Resolution 1348 (XIII) established an ad hoc Committee on the Peaceful Use of Outer Space. As well as the 1967 Treaty on the principles governing the activities of countries in the exploration and use of outer space, including the moon and other celestial bodies.
Juridical consequences of lending and borrowing agreements that are covered with the substance of buying and selling paid off ownership rights to land: Charles Lungkang; Putu Dyatmikawati; Made Gde Subha Karma Resen
Focus Journal : Law Review Vol 3 No 1 (2023): Focus Journal Law Review Vol. 3 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i1.93

Abstract

The position of the lending and borrowing agreement which is covered by the substance of the sale and purchase of paid off land ownership rights, in this case the position is based on an agreement or loan agreement between the parties which requires the borrowing party to pay off the debt after a certain period of time accompanied by payment of a number of rewards. Lending within a certain period of time set by the lender. The loan recipient pays off the loan, by returning the loan money. The position of the lending and borrowing agreement relates to freedom of contract, the parties can regulate the contents of the agreement as long as it is not prohibited by law and propriety and in the contract must fulfill the terms of the agreement. This position is born from the existence of an agreement between the two parties, namely the borrower and the lender, so with this agreement the loan agreement is binding on both parties, that is, the parties cannot cancel the loan agreement without the approval of the other party. If the loan agreement is canceled or terminated unilaterally, the other party can sue. After the money that is the object of the agreement has actually been handed over by the lender to the borrower, the borrower must or has the obligation to return the loan on time to the lender in accordance with the agreement in the agreement.
Use of Information Technology in Counting (Situng) and Recapitulating (Recapitalized) Votes for the 2024 Election: Hidayatun Indriyani; Agata Meyer
Focus Journal : Law Review Vol 3 No 1 (2023): Focus Journal Law Review Vol. 3 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i1.94

Abstract

General elections are a concrete manifestation of the implementation of democracy in Indonesia which provides a role for every citizen to be able to directly participate in selecting public officials. Democracy and democratic elections are “qonditio sine qua non”, the one can not exist without the others. In the sense that elections are interpreted as a procedure to achieve democracy or a procedure to transfer people’s sovereignty to certain candidates to occupy political positions in a country. Based on Law Number 7 of 2017 concerning General Elections (Election Law), information on election results can be obtained after going through several stages and requiring a long waiting time. This is because the vote counting and recapitulation system still adopts conventional methods. In principle, the process for the counting and recapitulation system can be flowed as follows: After the voting is complete, then the vote count is carried out at the TPS level and followed by filling out the vote counting certificate manually with a large number of copies. After that it was sent to the District level for manual recapitulation and filling out the recapitulation certificate with a large number of copies. The recapitulation process, like in the Kecamatan, takes place and is tiered at the District/City level, Provincial level and National level. With a process like this, in addition to the potential for errors caused by human error and it also takes quite a long time which then has the potential for fraud to occur so that it requires the use of adequate information technology in the process.
Legal Protection Of Wife's Victims Of Husband's Violence From Viewed From The KDRT Law And Dayak Customary Law, Uud Danum: Kartika Agus Salim
Focus Journal : Law Review Vol 3 No 1 (2023): Focus Journal Law Review Vol. 3 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i1.95

Abstract

Law Number 23 of 2004 concerning the Elimination of Domestic Violence and the 2001 Uud Danum Dayak Customary Law Book have provided protection for wives who are victims of domestic violence by their husbands. The protection provided by Law Number 23 of 2004 concerning the Elimination of Domestic Violence is provided from the time the victim makes a police report, when he is questioned and arrives at a court decision. Legal protection provided by Tomakung to wives who are victims of violence (hotuhui) by husbands by paying fines and implementing siro sahkik to restore conditions damaged by violence (hotuhui) between husband and wife. Factors that cause domestic violence by husbands are caused by internal and external factors. Internal factors are caused by wives who cheat, wasteful with money, lazy to cook. Internal factors in husbands are due to being lazy to work, not having a job, having an affair, gambling and being an alcoholic drink addict. The government should provide jobs for all levels of education that are evenly distributed from villages to cities. The government should, in helping the poor, not provide social assistance in the form of direct cash assistance because a small nominal amount of money is only enough to buy alcohol and play gambling. The increase in domestic violence is not solely the fault of the citizens but due to a lack of community awareness raising by the central and regional governments that is right on target because today the Government is building more infrastructure than building the mental and spiritual Indonesian people themselves.
Party Simplification Model in Indonesia (Strengthening The Presidential System) and The Presidential Election System in the United States: Lis Firanti Soedjono; Brendon Neese
Focus Journal : Law Review Vol 3 No 1 (2023): Focus Journal Law Review Vol. 3 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i1.96

Abstract

Elections are a process of electing to fill certain political positions, such as presidents, vice presidents, people's representatives at various levels of government, to the simplest or the least of the village heads. From this perspective of Constitutional Law, direct popular vote is conducted within the period of office in an organization of the state. Then speaking of the election inevitably must be placed within the framework of the principle of people's sovereignty, because the election itself is a manifestation of people's participation that is central to the principle of people's sovereignty or democracy. Its means of political participation of the community to participate in determining public policy. To limit the number of political parties, many methods have been used, such as the electoral threshold and parliamentary threshold. However, the various models used have not been fully effective. In this paper the author will share his views regarding the party simplification model in Indonesia with the aim of strengthening the presidential system. This research article will examine how the ideal model is to simplify parties in Indonesia in the general election system in Indonesia. In addition, this research will discuss the presidential election system in the United States
Discourse on the Debate on Bawaslu's Authority in Handling Election Violations After the Determination of National Vote Results: Satriya Nugraha
Focus Journal : Law Review Vol 3 No 1 (2023): Focus Journal Law Review Vol. 3 No. 1
Publisher : Universitas Bali Dwipa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62795/fjl.v3i1.97

Abstract

Violations in the electoral process in Indonesia are an issue that often occurs during the electoral process, where the Election Supervisory Body (Bawaslu) is tasked with preventing and taking action related to alleged election violations, not only during the election but also when the vote results have been determined nationally, with the hope of realizing a fair and integrity election. This study aims to describe the limitations of Bawaslu in carrying out its duties fully to oversee the entire series of elections following statutory regulations. This research uses a normative juridical research method through a statutory approach. The results of this study reveal that Bawaslu is unable to fully carry out its duties in taking action against alleged election violations after the determination of the vote until the stage of taking the oath or pledge because there is a legal vacuum in Article 93 letter d of Law Number 7 of 2017 concerning General Elections which outlines that Bawaslu is only tasked with overseeing the implementation of the election until the stage of determining the election results. Law Number 7/2017 on General Elections must be reviewed to provide legal certainty to Bawaslu in carrying out its duties under statutory regulations.

Page 2 of 5 | Total Record : 47

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