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LAWPASS
Published by PT. Multidisciplinary Press Indonesia
ISSN : -     EISSN : 3047552X     DOI : -
Core Subject : Social,
Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
LAW & PASS: International Journal of Law, Public Administration and Social Studies is an open access scientific journal published by PT. Multidisciplinary Press Indonesia which contains studies in the fields of law, public administration and social studies both theoretically and empirically. The focus of this journal is divided into 3 general scientific disciplines, including: Law (civil law, criminal law, constitutional law, international law, procedural law, customary law, and Islamic law) Public Administration (Public Service Management, Public Sector Human Resources, Disaster Management, Population and Environmental Administration, Land Administration, Public Economy and Public Finance, Public Policy, Bureaucracy and Public Government, Digital Government, Political Policy, Regional Government, Decentralization and Regional autonomy) Social Studies (Sociology, Policy and Administration, Political Science, Anthropology, Demography, Human Geography, Communication, Community Professions, Criminology, Other studies related to society, including community service). This journal is published 2 months, namely February, April, June, August, October and December.
Arjuna Subject : Ilmu Sosial - Ilmu Sosial (Lain-Lain)
Articles 66 Documents
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Hospital Emergency Unit Services Reviewed from Legal Aspects: A Case Study of Marthen Indey Hospital, Jayapura Adya Seta, Astrodita
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.37

Abstract

Emergency Room (ER) services in hospitals play a vital role in providing first aid to patients in medical emergencies. This study aims to review the legal aspects of ER services, especially regarding the contract between doctors and patients, the obligation to provide assistance, and the role of on-call doctors. The methods used in this study include literature review and legal analysis of applicable laws and regulations, such as Law No. 17 of 2023 concerning Health. The results of the study indicate that the legal aspects of the contract regulate the rights, obligations, and responsibilities of doctors and patients. Doctors are obliged to provide first aid without delay and maintain the confidentiality of patient medical information. Article 189 point c of Law No. 17 of 2023 concerning Health emphasizes the obligation of hospitals to provide emergency services to patients according to their service capabilities. A good understanding of these legal aspects is important to ensure that ER services run in accordance with ethical and legal standards, as well as to avoid potential legal disputes.
Revision of Legislation Regarding the Accountability of Notaries for Documents Executed Beyond the Office Premises to Ensure Fair and Certain Legal Provision Idris Assaf, Muhammad; Sulistiyono, Adi; Pandamdari, Endang
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.38

Abstract

Paragraph (1) of Law No. 2 of 2014, modified by Law No. 30 of 2004, stipulates that Notaries are forbidden from reciting documents beyond their designated jurisdiction. An issue arises where Notaries who have indeed recited deeds outside their scope of work have not faced repercussions in accordance with the pertinent legal framework. The methodology employed in this research is that of normative jurisprudence, involving an examination of secondary data sources, particularly primary legal documents such as statutory provisions, and secondary legal sources like books, articles, or journals. The theoretical framework utilized is that of equitable law certainty. Findings reveal a consistent failure to penalize Notaries who have transgressed by reciting deeds outside their designated area, despite clear violations of regulations outlined in the UUJN. In judicial rulings, authentic deeds recited by Notaries beyond their jurisdiction remain valid, highlighting the inadequacy of existing enforcement mechanisms. Drawing a comparison with the regulations governing Notaries in the Netherlands, it is evident that revisions to Article 17 (1) and (2), Article 19 paragraph (2), and Article 9 (1) letter d of the Law of Judgment are imperative to ensure the establishment of a fair and certain legal system as mandated by Article 28 D Paragraph (1) of the 1945 Constitution. Such reforms are essential to empower legal authorities in executing their duties effectively, serving the interests of justice seekers, and eliminating any ambiguity surrounding the recitation of deeds by Notaries beyond their jurisdiction.
The Application of Democratic Principles in Indonesia's Electoral System Syarif Hidayat, Anang; Suganda, Atma; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.39

Abstract

This study aims to analyse the application of democratic principles in Indonesia's electoral system, focusing on the suitability of the implementation of the Direct, General, Free, Honest and Fair principle and the factors that hinder the effectiveness of its implementation. The results show that although Indonesia has adopted democratic principles in the organisation of elections, there are some challenges, such as the practice of money politics, unequal access to voters, and low voter participation. However, overall, the principle of Direct, General, Free, Honest and Fair has been applied in various stages of the election, and the role of organising bodies such as the General Election Commission and the General Election Supervisory Agency has increased transparency and accountability. Nonetheless, there is a need to continue improving electoral mechanisms to address existing problems and improve the quality of Indonesian democracy. This research provides recommendations for the strengthening of political education, the application of technology in elections, as well as an evaluation of the threshold policy and the role of mass media in voter education.
The Role of The Constitutional Court in Maintaining the Balance of Power in Indonesia Setyawan, Dony; Suganda, Atma; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.40

Abstract

The role of the Constitutional Court in maintaining the balance of power in Indonesia is crucial in ensuring the achievement of a democratic and fair system of government. As an institution mandated to safeguard the constitution, the Constitutional Court has the main function of conducting judicial reviews of laws that conflict with the 1945 Constitution, as well as overseeing general and regional elections. In addition, the Constitutional Court also acts as a protector of citizens' constitutional rights, ensuring that economic, social and cultural rights are respected and protected. Through its authority, the Constitutional Court plays an important role in maintaining the principle of checks and balances in Indonesia, preventing abuse of power, and strengthening the system of separation of powers between the executive, legislative and judicial branches. In this context, the Constitutional Court functions as an independent and objective constitutional watchdog institution, which is an important element in maintaining the stability and sustainability of democracy in Indonesia.
The Role and Challenges of Law Enforcement Agencies in Optimizing Eradication and Prevention of Money Laundering Crimes Involving Corporations Usman, Usman; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.41

Abstract

The large role of corporations in facilitating the occurrence of Money Laundering (TPPU) requires serious attention from the government and law enforcement. In Indonesia, money laundering cases often involve corporations operating in various sectors, indicating that corporations can function as a means to hide the proceeds of crime. One of the main challenges in eradicating Money Laundering is the lack of effective implementation of criminal sanctions against corporations. Criminal sanctions for corporations are an important instrument in law enforcement to prevent violations committed by business entities. Although Law Number 8 of 2010 has regulated criminal sanctions for corporations involved in Money Laundering, its implementation is still far from optimal. The research method used in this study is normative juridical with three approaches, namely the conceptual approach, the statutory regulatory approach, and the case approach. The results of the study indicate a vacuum of legal norms in Law Number 8 of 2010, which results in obstacles in the application of criminal sanctions against corporations involved in Money Laundering (TPPU). Therefore, it is necessary to update criminal law policy to correct the weaknesses contained in the law.
The Politicization Of Identity Undermines Indonesian Democracy (Case Study: Jakarta Regional Elections In 2017) Ria Latifa, Dwi; Akkapin, Supaphorn
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.42

Abstract

The implementation of elections that abuse identity politics by spreading hate speech, hoaxes, slander, and defamation carried out by election participants, their campaign teams, and among the people of each candidate's supporters, began to rampant massively, especially in the election of candidates for the Governor of DKI Jakarta 2017, thus making the implementation of elections in Indonesia polluted, with the emergence of friction between the people of DKI Jakarta and the people throughout Indonesia because he supports a candidate pair who is not the same identity as him. If something like this is allowed and repeated, it can give an open space for division and pitting against the people of Indonesia. The politicization of identity is in the form of politicizing religious and ethnic symbols as a political tool. This study examines three problems, namely first, how to politicize identity from a legal perspective, second, how to enforce the law of identity politicization, and third, how to implement democracy without politicizing identity. The approach methods used in this study are the Legislative Approach, the Case Approach, and the Sociological Jurisprudence Approach. This study utilizes primary and secondary data which are then analyzed qualitatively to interpret the legislation that is the juridical basis for the implementation of elections, especially regional elections in Indonesia. The findings of this research are expected to benefit the implementation of elections in Indonesia in the future, in order to avoid the use of Identity Politics in every campaign period, as well as recommendations to the Government, especially the President of the Republic of Indonesia, the Minister of Law and Human Rights of the Republic of Indonesia and the House of Representatives of the Republic of Indonesia as authorized officials and have the right to take the initiative in making and changing laws. to include phrases and criminal sanctions related to identity politics expressly in articles related to General Elections.
The Role of Court Excellence in Facilitating Expedited Trials to Enhance Legal Efficiency in Indonesia T.H. Simarmata, Edward; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.43

Abstract

This scholarly article investigates the implementation of court excellence frameworks as a mechanism for expediting trials, thereby improving legal efficiency within Indonesia's judicial landscape. The Indonesian justice system confronts considerable challenges in delivering timely justice, largely attributed to case backlogs and procedural inefficiencies. Court excellence principles are examined here as a strategic approach to streamline judicial processes, boost institutional efficiency, and accelerate case resolutions. Through an analysis of Indonesia’s legal structures and current practices, this paper underscores the critical role of court excellence principles in fostering a justice system that is both equitable and efficient. Key insights and strategic recommendations are provided to support the effective implementation of expedited trials, ultimately promoting legal expediency in Indonesia.
Legal Protection for Concurrent Creditors Reviewed from the Principle of Business Continuity and the Principle of Justice Hambali, Hambali; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.44

Abstract

This article discusses legal protection for concurrent creditors in bankruptcy proceedings by reviewing the application of the going concern principle and the principle of fairness. Bankruptcy is a condition that requires the management of debtor assets to ensure payment of debts to creditors. However, concurrent creditors are often in a disadvantageous position in terms of payment priority, thus requiring special legal protection. The going concern principle provides an opportunity for companies to continue operating and increase the value of assets in order to optimize payments to concurrent creditors. Meanwhile, the principle of fairness ensures a fair and proportional distribution among all creditors without any arbitrary actions. Through this analysis, the article concludes that the application of both principles can improve protection for concurrent creditors and create a fairer bankruptcy process. Recommendations include improving regulations to clarify creditor protection mechanisms, stricter supervision of the implementation of the principle of fairness, and optimizing the application of the going concern principle to increase the value of assets for concurrent creditors.
Corporate Vicarious Liability in the Crime of Participating in Bribery in Indonesia Ferdinan Wangania, Yusof; Rattanapun, Supot
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.45

Abstract

The complexity of the corporate landscape has positioned enterprises as key actors in criminal offenses, including bribery. Although the National Criminal Code (Law No. 1/2023) recognizes corporations as subjects of criminal law, the application of vicarious liability in corporate bribery cases remains underexplored. This study examines the implementation of vicarious liability for corporations in the context of bribery in Indonesia, particularly after the enactment of the National Criminal Code. Utilizing a juridical-normative methodology and statutory and conceptual approaches, this research analyzes primary and secondary legal materials qualitatively and descriptively. The findings reveal that the National Criminal Code incorporates the concepts of identification and vicarious liability into corporate accountability, extending the scope to include those in de facto control of the organization. Applying vicarious liability in bribery cases requires proof of a causal link between the bribery act and the corporation's interests. This study contributes to the alignment of vicarious liability with established principles of criminal law and provides insights into corporate accountability under the new Criminal Code framework.
The Urgency of Implementing Corruption Crime Asset Confiscation in The Context of Recovering State Losses Anwar, Muhammad; Achmad Darodjat, Tubagus
LAW & PASS: International Journal of Law, Public Administration and Social Studies Vol. 1 No. 4 (2024): October
Publisher : PT. Multidisciplinary Press Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47353/lawpass.v1i4.46

Abstract

Return of assets resulting from criminal acts of corruption based on Article 10 of the Criminal Code and Articles 18, 19 of Law no. 20 of 2001 concerning the Eradication of Corruption Crimes, cannot yet be used as a basis for maximizing the return of State losses, applying replacement money sanctions under Article 10 of KUHP and Articles 18 and 19 of UU TIPIKOR is fraught with difficulties. In court rulings for criminal acts of corruption that have permanent legal effects, the quantity of money resulting from the act and the burden of state losses in corruption are never equal (Inkracht). The amount returned to the state is reduced due to corruption crimes. In a judge's decision that has permanent legal force (Inkracht) ordering perpetrators of criminal acts of corruption to return the money that was corrupted and/or money obtained from criminal acts of corruption, in practice, it often happens that perpetrators are unable to pay replacement money, so they prefer to replace it with prison punishment. Prison sentences are often used as a loophole to avoid paying compensation so that the state still suffers losses even though it has been proven in court. Therefore, the appropriate strategy for recovering and returning state losses in the context of realizing state financial justice is to confiscate the assets of perpetrators of criminal acts of corruption by the value of the state losses incurred by corruption by giving the authority to the Public Prosecutor to submit asset confiscation to the court to confiscate the assets of perpetrators of criminal acts of corruption before a court decision or before there is a lawsuit.

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