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Desy Lusiyana
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INDONESIA
Journal Of Law Sciences (Legisci)
Published by Ann Publisher
ISSN : 30327555     EISSN : 30309549     DOI : https://10.62885/legisci.v1i2
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
a peer-reviewed journal that publishes scientific articles in the field of law. Articles published in the Legisci Journal include the results of original scientific research (top priority), new scientific review articles (not priority), and the results of studies in the field of law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 75 Documents
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Special Education is Required for Individuals Pursuing A Career as An Advocate, As Stated In Article 3, Paragraph (1), Letter F of The Republic of Indonesia Law Number 18 of 2003, Which Pertains to Advocates. Subrata, Tedy
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.397

Abstract

Special Education for the Advocate Profession (PKPA) is a requirement stipulated by the State Law of the Republic of Indonesia Number 18 of 2003 regarding Advocates. Special Education for the Advocate Profession is a mandatory program designed for those with a bachelor's degree and a foundation in law education. The socializing event had 30 prospective advocates and occurred on October 14, 2023, at the University of Tangerang Raya Tiga Raksa in Tangerang Regency. The Service Learning (SL) method aims to incorporate learning into the Special Education of the Advocate Profession (PKPA) or the collaboration between the National Leadership Council of the Indonesian Advocates Association (DPN PERSADIN) and the Faculty of Law, University of Tangerang Raya (UNTARA). Furthermore, the Participatory Action Research (PAR) methodology emphasizes explicitly the empowerment of individuals involved in the Special Education for the Advocate Profession (PKPA). This arises from the necessity to address legal issues inside the community. Volunteers from higher education institutions should prioritize the community as the primary agent of development and transformation. This activity aims to establish and promote advocacy, emphasizing that advocates are esteemed professionals who possess freedom, independence, and responsibility in upholding the law. The activities of this profession are legally safeguarded and protected to ensure the implementation of the Rule of Law.
Legal Analysis of The Enforcement of Article 18 of The Regulation Issued by The Director General of Taxes, Numbered PER-03/PJ/2022, Regarding Tax Invoices Ban Hin, Siaw; Markoni; Nardiman; Widarto, Joko
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.408

Abstract

The Republic of Indonesia implemented Law Number 12 of 2011, explicitly establishing rules and regulations. Law Number 13 of 2022 has since revised this law. This Law enhances the current legislation, precisely Law Number 10 of 2004. Law Number 12 of 2011 prescribes the procedure for enacting laws and establishes guidelines for resolving conflicts or inconsistencies between these laws and regulations. The objective of this study is to analyze the legal effectiveness of Article 18 of Regulation PER-03/PJ/2022, which was issued by the Director General of Taxes, to Law Number 7 of 2021 on the Harmonization of Tax Regulations and Constitutional Court Decision Number 91/PUU-XVIII/2020. This research methodology entails examining values, norms, and written regulations, establishing a solid connection to the normative legal aspects of the library. The research has determined that the Regulation of the Director General of Taxes Number Per-03/PJ/2022 regulates Tax Invoices and has exceeded its authority in issuing Tax Invoices. The aforementioned rule pertains to the regulatory framework established by the Minister of Finance, which governs this particular matter and confers jurisdiction upon the director general of taxation. The Regulation of the Director General of Taxes Number 03/PJ/2022, which concerns Tax Invoices, does not possess enforceable legal authority and is open to scrutiny by the Supreme Court. Legal certainty is paramount as it provides taxpayers with a lucid and all-encompassing comprehension of their rights and obligations.
The Relationship Between Islamic Law and Positive Law of Indonesia and Recht Customs Bustomi, Achmad
Jurnal Legisci Vol 2 No 1 (2024): Vol 2 No 1 August 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i1.418

Abstract

The relationship between Islamic law, Indonesia's Positive Law, and customary law so far, when viewed in terms of implementation, sometimes has not been found, but nevertheless, the law of the potion has become a measure of national law for the citizens of the community, including Muslims or cultures in the territory of Indonesia. The formation of positive law is primarily influenced by the values contained in the teachings of Islam so that several regulations are legitimized in the Indonesian legal system, including marriage law, waqf, and hajj, as well as some customary laws included in the compilation of Islamic law and Indonesia legal system. This study uses a literature research method that approaches the supporting books in this paper. It is hoped that the synergy of the three legal systems can continue to harmonize as a form of diversity and create harmony between citizens. The result of this research was The correlation between Islamic law, Indonesia's positive law, and customary law, and shows how these three legal systems interact and influence each other. Harmonious integration between these three legal systems is important to create a fair and effective legal system in Indonesia.
Harmonization of The Role of Religious and State Justice Institutions in Handling Victims of Domestic Violence Ismiati, Saptosih; Widjanarto, Haswar; Wafa Azizah, Ersya Aqila
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.477

Abstract

Domestic abuse is a subject of public law, thereby transcending the private sphere of the marital relationship and necessitating official intervention in its resolution. Domestic violence falls under criminal law, although divorce pertains to civil family law, resulting in two distinct legal processes in the divorce settlement that follow incidents of domestic abuse. Law Number 23 of 2004 addresses the Elimination of Domestic Violence, serving as the inaugural legislative framework that explicitly safeguards victims of domestic violence offenses. This study employs a descriptive-analytical research methodology. This study employs a normative juridical approach, utilizing literature and secondary data as the foundation for research, which involves an examination of relevant laws, regulations, and literature pertinent to the research process. Simultaneously, the analysis employed in this study methodology is qualitative legal.  This study concluded that the Religious Court lacks the authority to adjudicate domestic violence cases, as it does not possess jurisdiction over public law matters. In addressing community needs, the majority of domestic violence cases are promptly adjudicated for divorce in the Religious Court without prior resolution in the District Court. Consequently, harmonization between the Religious Court and the District Court is necessary for the resolution and adjudication of divorce cases involving domestic abuse. Immediate formulation of clear and tangible regulations is necessary to address divorce cases stemming from domestic abuse, namely by granting the Religious Court the competence to adjudicate matters pertaining to public law, particularly those involving domestic violence.
Analysis of Case Studies on The Crime of Human Trafficking Alpadly, Achmad Arif; Tafsirudin; Irkham, Yusuf; Karina, Siska; Gunawan, M. Sigit
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.483

Abstract

The study seeks to investigate the challenges in the enforcement of laws pertaining to human trafficking offenses involving Indonesian migrants. This research addresses legal challenges from a normative perspective grounded in the rule of law inside statutes and regulations. The material utilized in this study is empirical judicial. Field research is undertaken to examine the many legal requirements that are applicable in society. This research indicates a limited number of stakeholders involved, including Indonesian migrant workers, civil registry officials, airport staff, airport officers, and immigration personnel, who can facilitate the passage of Indonesian migrant candidates in terms of rewards. Legal action by the Indonesian migrant protection agency for the postponement of services, revocation of business licenses, recall of written agreements, business operations, and annulment of prospective commercial activities. Migrant workers and foreign laborers are responsible for their expenses. Prolonged initiatives are encouraged under the stringent oversight of Indonesia's labor service provider firms. Human trafficking is governed by Law No. 21 of 2007, which addresses eradicating this crime. The law serves two essential functions in social change: as an instrument of social control and as a method of social engineering. RT, RW, and village institutions contribute to community empowerment in effectively implementing preventative measures. Legal understanding pertains to the comprehension of the regulations established by written law about permissible and impermissible societal conduct.
Constitutional Rights and Environmental Protection in Indonesia from a Legal and Policy Perspective Susanto, Aris; Baralaska, Sapto; Jaelani, Aan
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.484

Abstract

This research explores the relationship between constitutional rights and environmental protection in Indonesia from a legal and policy perspective. Environmental protection has been recognized as part of the human rights guaranteed by the Indonesian constitution. This study uses a qualitative approach with a descriptive-analytical method, relying on data from literature studies, legal documents, and relevant public policies. The results show that despite the constitutional recognition of the right to a good and healthy environment, implementation on the ground still faces many challenges. These challenges include weak enforcement of environmental laws, lack of coordination between government agencies, and conflicts of interest between economic development and environmental conservation. This study recommends increasing the capacity of law enforcement institutions, improving regulations, and community involvement in the environment-related decision-making process to strengthen the protection of constitutional rights to the environment in Indonesia.
Protection Of Human Rights In The Indonesian Constitution: An Analysis Of The 1945 Constitution Rahman, Abdul; Sugianto; Hidayat, Dudung
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.485

Abstract

This paper analyzes the protection of human rights (HAM) in the 1945 Constitution of the Republic of Indonesia (1945 Constitution). The research uses normative juridical methods with conceptual and legislative approaches to examine how the 1945 Constitution protects human rights. The study results show that the 1945 Constitution has comprehensively accommodated the protection of human rights, especially after a series of amendments. This amendment has strengthened the guarantee of human rights protection and clarified the basic rights guaranteed by the Constitution. However, even though human rights protection has been accommodated in the 1945 Constitution, implementing these protections still faces various challenges in practice. Some of the main challenges identified include inconsistencies in law enforcement, lack of harmonization of laws and regulations, and low public awareness and understanding of their rights. This paper concludes that further efforts are needed to strengthen human rights enforcement in Indonesia. These efforts include harmonization of relevant laws and regulations, capacity building of law enforcement institutions, and campaigns to raise public awareness of the importance of human rights. Thus, to achieve adequate human rights protection in Indonesia, collaboration between the government, legal institutions, and the wider community is needed to create an environment conducive to respecting and enforcing human rights.
The Role of Adat, the Business World, the Government, and Higher Education Personnel in Urgent Environmental Law Enforcement Efforts to Tackle the Growing Plastic Waste Crisis Permana, Deni Yusup
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.486

Abstract

Time perpetually advances, and circumstances evolve, influencing lifestyle modifications. Technological advancements have facilitated a more convenient, practical, and comfortable human existence. The tradition of using plates and spoons, necessitating dishwashing, has been supplanted by a culture of disposable plastic utensils. Plastic garbage is ubiquitous, prompting some communities to declare a waste emergency. A literature review has been conducted on the roles of customs, the business sector, government, and higher education workers in addressing the waste emergency associated with law enforcement initiatives. This study employs a literature review utilizing many data sources, including publications and the Internet. The study results indicate that all community sectors collaborated to address plastic trash, including Indigenous peoples, the corporate sector, central and regional governments, and higher education professionals, each according to their individual capacities. Importantly, public awareness of the need to mitigate garbage accumulation has begun to increase, offering hope for the future. Nonetheless, the issue of inundating plastic garbage resulting from alterations in actual life dynamics remains our responsibility.
The Evolution Of Constitutional Theory: A Historical Study And Its Relevance In Indonesia Edina, Sheilla Ariestia; Rosidin, Didin Nurul; Toheri, Toheri
Jurnal Legisci Vol 2 No 2 (2024): Vol 2 No 2 October 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i2.522

Abstract

This article discusses the challenges and opportunities in adapting constitutional theory in the context of Indonesia's law and government. It was found that the main challenges include widespread corruption, political instability, plurality and multiculturalism, inconsistencies between national and local laws, and suboptimal enforcement of human rights. On the other hand, there are significant opportunities to overcome these challenges, such as through constitutional reform, the important role of the Constitutional Court, increasing legal education and awareness, the use of information technology for transparency, and international cooperation. This article emphasizes the importance of taking advantage of these opportunities and addressing existing challenges to develop a stronger, fairer, and more democratic constitutional system in Indonesia. Thus, the adaptation of constitutional theory can run more effectively and in accordance with the needs and aspirations of the people of Indonesia.
A Juridical Review of Cikibul Snacks Seen from the Regulation of the Ministry of Health KL.02.02/C/90/2023 concerning Supervision of the Use of Liquid Nitrogen in Ready-to-Eat Food Products Istikomah, Umi; Marlina, Tina; Maulinda, Irma
Jurnal Legisci Vol 2 No 3 (2024): Vol 2 No 3 December 2024
Publisher : Ann Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62885/legisci.v2i3.540

Abstract

A case of reporting concerning snack food consumption that uses liquid nitrogen occurred in Ponorogo, Tasikmalaya, Jakarta. The first case occurred with 1 case in children in Ponorogo Regency, which caused burns. The second case occurred in 23 people in Tasikmalaya Regency, which caused KLB to suffer from food poisoning. The third case occurred in a 4.2-year-old boy in Jakarta who caused severe abdominal pain. This study aims to find out and analyze the role of the Cirebon City Health Office in supervising cikibul food. To find out and analyze the efforts and obstacles experienced by the Cirebon City Health Office. The method used in this study is empirical juridical research, which is legal research that examines how law is applied in society and its impact. Empirical law research is carried out from an empirical point of view. Supervision by the Cirebon City Health Office has been carried out with applicable or operational standards of appropriate procedures. However, the results have not been maximized, as several traders are still selling cikibul. The efforts and obstacles faced by the Cirebon City Health Office in supervising the use of liquid nitrogen are to form a team and inspect locations that are suspected to be placed to sell Kabul. The obstacle is that when conducting the inspection, no cikibul sellers were found, the information that will be carried out is already known, some stubborn traders continue to peddle cikibul in a hidden way, and the location is far away.

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