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Ahmat Salehudin
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Post Graduate Program Faculty of Law, Tadulako University Jl. Sukarno Hatta Km.09 Palu, Central Sulawesi ,Palu 94117 Indonesia
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Tadulako Master Law Journal
Published by Universitas Tadulako
ISSN : 25797670     EISSN : 25797697     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Tadulako Master Law Journal P-ISSN: 2579-7670 | E-ISSN: 2579-7697 is published by Postgraduate Program, Law Faculty Tadulako University Palu-Central Sulawesi Indonesia. Tadulako Master Law Journal is an open-access peer-reviewed journal that mediates the dissemination of academicians, researchers, and practitioners in law. The Editorial aims is to offer an academic platform for cross-border legal research in which boundaries of the specific topic issues such as Civil Law, Criminal Law, Constitutional Law, Administrative Law, and International Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
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Search results for , issue "Vol 8 No 2 (2024): JUNI" : 10 Documents clear
PERTANGGUNGJAWABAN PIDANA TENTANG PENERAPAN UNDANG-UNDANG MENGENAI PENGADAAN TANAH BAGI PEMBANGUNAN UNTUK KEPENTINGAN UMUM Riski Ani, Riska
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The problem of this research is what is the legal position of the perpetrator regarding compensation for land acquisition for development for public purposes from the perspective of state financial losses in criminal acts of corruption and what is the form of criminal responsibility of the applicant in cases of land acquisition for development for public purposes from the perspective of criminal acts of corruption. By using normative research methods. Based on the research results, the legal position of compensation for land acquisition for development for matters of general importance, both payment of physical compensation and payment of non-physical compensation, is in accordance with Article 33 of Law Number 2 of 2012 based on the assessment results of the assessment team as a fair and appropriate assessment. The actor's position as the applicant is not as a legal actor in a corruption criminal case. Development for the public interest from the perspective of criminal acts of corruption cannot be subject to criminal liability to the perpetrator because no state losses were found based on the results of the assessment team's assessment as a fair assessment because all payments received, both for physical losses and non-physical losses, totaled Rp. 2,485. ,903,000.00 (two billion four hundred eighty five million nine hundred three rupiah); is in accordance with Article 33 of Law Number 2 of 2012 concerning Land Acquisition for Development in the public interest.
PERLINDUNGAN TERHADAP ANAK MELALUI PENDEKATAN RESTORATIF JUSTICE BAGI KORBAN PERKAWINAN ANAK BAWAH UMUR DALAM PERSPEKTIF HUKUM PIDANA DI KABUPATEN SIGI Julianti Paseru, Ika Sari
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The phenomenon of underage child marriage is seen very often nowadays. The problem of this research is the protection of children through a restorative justice approach to criminal acts of underage marriage in Sigi Regency, and the regulation of criminal law for perpetrators of underage marriage in the context of fulfilling children's rights in Sigi Regency. using empirical research methods. Based on the research results, the protection of children through a restorative justice approach for victims of criminal acts of underage marriage aims to restore the situation to the way it was before the violation of marriage provisions occurred by carrying out or applying the provisions of religious values ​​in restorative justice and customary law values ​​in restorative justice. justice because violations of child marriage meet the material and formal requirements for restorative justice to be carried out, apart from that, it is carried out by determining a dispensation for child marriage and child marriage is a violation of the provisions on child protection, sexual violence, the Criminal Code and the Marriage Law relating to guarantees of children's rights, there is no enforcement The law against child marriage in the Sigi Regency area is due to several factors taken into consideration, such as if the law enforcement process results in the child or both parents being processed by criminal justice, it will result in the continuation of the child marriage, so it is discretionary and restorative justice is carried out. In cases of child marriage, the headman will be subject to administrative sanctions from the KUA Office or the Sigi Regency Ministry of Religion.
PENERAPAN PRINSIP HAK ASASI MANUSIA DALAM PEMBERIAN REMISI SEBAGAI HAK WARGA BINAAN PEMASYARAKATAN DI LEMBAGA PEMASYARAKATAN BERDASARKAN SISTEM PENILAIAN PEMBINAAN NARAPIDANA Makmur
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The problem of this research is how to apply the principles of human rights in granting remission as a right for inmates based on the assessment system for inmate development, and what are the obstacles to inmate development from a human rights perspective in the Class IIB Tolitoli Penitentiary, using normative-empirical research methods. Based on the research results, the right to remission is also a form of respect and appreciation for the dignity and worth of prisoners who have done good through coaching so that they understand human values as the basis of human rights. Remission is in line with the International Covenant on Civil and Political Rights, the Body of Principles for the Protection of Persons Under Any Form of Detention or Imprisonment, Standard Minimum Rules for the Treatment of Prisoners as a form of human rights protection prisoners to foster prisoners. The implementation of prisoners' rights, especially remission in the Tolitoli Class IIB prison, has gone quite well. All prisoners' rights contained in Law no. 22 of 2022 concerning Corrections and human rights that cannot be reduced (non-derogable rights), so that the state has regulated, fulfilled and protected the rights of prisoners relating to the granting of Remissions such as Remissions and Barriers to the development of prisoners from a human rights perspective at the Class IIB Tolitoli Penitentiary , especially limited facilities and infrastructure, limited religious formation and skills, this is due to limited staff and more emphasis on aspects of security and order, but prisoners' rights remain a priority as a form of protection and fulfillment of prisoners' human rights.
THE IMPLEMENTATION OF LEGISLATION FUNCTION OF THE REGIONAL REPRESENTATIVE COUNCIL IN THE PREPARATION OF REGIONAL REGULATIONS OF CENTRAL SULAWESI PROVINCE OF 2019-2023 Sylvia Ari Wahyuni
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The problem studied is the implementation of the legislative function of DPRD in the formation of Central Sulawesi Provincial Regulations 2019-2023 and the role of the Central Sulawesi Provincial DPRD in forming Regional Regulations that articulate public interests. Method the research used was normative legal research which was library materials or secondary data applied Conceptual Approach and Legislative Approach (Statute Approach), and then described in descriptive terms to obtain a picture that can be understood clearly and directed to answer problems studied. The research results reveals that the implementation of legislative function of the Regional People's Representative Council in preparation of Central Sulawesi Province Regional Regulations for 2019-2023 can be seen in every stage of the formation of Regional Regulations, namely stages of planning, preparation, discussion, determination and promulgation in 2019-2023, DPRD of the Central Sulawesi Province adopted 39 regional regulations consisting of 15 DPRD initiatives and 24 regional government initiatives. Role of the Board Regional People's Representatives in forming regional regulations articulating public interests is carried out through public participation by involving the community in the drafting stage of regional regulations, involving the community in the discussion of stages of draft regional regulations and involving the community in the implementation stage of regional regulations.
A STUDY OF BASIC IMMUNIZATION SERVICES FOR CHILDREN AS THE GOVERNMENT'S RESPONSIBILITY IN PROVIDING HEALTH SERVICES IN THE CITY OF PALU Fitra Kemalasari
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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​This research aims to determine and analyze the government's efforts to fulfill children's rights to basic immunization. Conceptually, human rights contained in Pancasila accommodate aspects of humans as individual and social creatures. Health Law Number 17 of 2023 article 44 paragraph 2 states that every baby and child have the right to receive immunization to provide protection. Immunization is carried out to prevent diseases that can be prevented by immunization. This research uses empirical legal research with qualitative analysis methods. The research results show that the government's first efforts are to provide free vaccinations, increase vaccine availability and immunization coverage, seek to add 3 types of vaccines and the government is also actively conducting campaigns and training to increase public awareness. In Palu City, if the targets set are not met, the person in charge of the program will take action by carrying out a sweep to ensure that all toddlers can get their right to complete basic immunization. Second, the implementation of immunization has been carried out in accordance with operational standards involving competent workforce and promotion in the form of counseling has been carried out optimally so that the majority of the community understands the importance of basic immunization for children. However, there are still obstacles regarding the mindset of people who refuse immunization based on an understanding of the long-term function of immunization for children.  
PERLINDUNGAN HAK MASYARAKAT HUKUM ADAT DALAM PEMANFAATAN DAN PENGELOLAAN HUTAN PERSPEKTIF HAK ASASI MANUSIA DI BIDANG EKONOMI SOSIAL DAN BUDAYA Riswanda ramadhan
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The purpose of this paper is to analyze: 1) Protection of customary law communities' rights in forest utilization and management. 2) The perspective of human rights in the economic, social and cultural fields related to forest management by indigenous peoples. The writing method used is normative legal research or library legal research using a statutory approach, case approach, and conceptual approach. The results of the research show that: 1) Protection of the rights of indigenous peoples in the utilization and management of forests by providing prior recognition to indigenous peoples through Regional Regulations, after the existence of indigenous peoples is recognized, the status of customary forests is determined by the Minister of Environment and Forestry, both of which are conditions for indigenous peoples to get protection for the utilization and management of their customary forests. Forest management carried out by indigenous peoples based on their local wisdom is utilized to meet their daily needs and community needs. 2) In the perspective of human rights, the rights of indigenous peoples are respected and protected in the context of protecting and upholding human rights as long as they do not conflict with the principles of the rule of law which is based on justice and the welfare of the people, one of the recognized rights of indigenous peoples is the right to manage their customary forests to fulfill their daily needs and their communities. In the International Covenant on Economic, Social and Cultural Rights, which has been ratified into Law No. 11/2005, the most essential right of indigenous peoples is the right to land and natural resources.
PENERAPAN PRINSIP-PRINSIP HAK ASASI MANUSIA DALAM PENCEGAHAN TINDAK PIDANA KEKERASAN SEKSUAL PADA ANAK Mupakkirah, Zakiyah
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The purpose of this paper is to analyze: 1) Application of the Principles of Human Rights in Crimes of Sexual Violence against Children. 2) How to Prevent Criminal Acts of Sexual Violence against Children. The writing method used is normative legal research or library legal research using a statute approach, case approach, and conceptual approach. The results showed that: 1) the application of the Principles of Human Rights in Criminal Acts of Sexual Violence on Children. there are four principles of human rights, namely universality, indivisibility, interdependent, and intrrelated, which are derivative principles from the principle of universality. Sexual violence committed against children can hinder their progress and prevent them from enjoying human rights and freedoms and also hinder the achievement of the principle of equality. 2) Efforts to prevent criminal acts of sexual violence against children preventive efforts or preventive efforts and repressive efforts. Preventive efforts, namely by conducting socialization related to education, guidance, and awareness to the general public about various forms of crime including sexual violence against children within the family. While repressive efforts are a form of effort made in order to show how the eradication of crimes that occur by being realized through criminal law.
PENYELESAIAN SENGKETA BATAS WILAYAH KABUPATEN PASANGKAYU DENGAN KABUPATEN DONGGALA DALAM PERSPEKTIF KEADILAN DAN KEPASTIAN HUKUM Mulyadi, Mulyadi
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The research results obtained conclusions 1). The dispute over the territorial boundaries of Pasangkayu Regency and Donggala Regency has gone through a non-litigation and litigation resolution process through judicial institutions. In this case, mediation or facilitation was carried out 4 (four) times by the Ministry of Home Affairs, until the Supreme Court issued Decision Number: 5 P/HUM/2023 dated March 23 2023, which declared the Minister of Home Affairs Regulation Number 60 of 2018 concerning Regional Boundaries of Pasangkayu Regency void. West Sulawesi Province with Donggala Regency, Central Sulawesi Province dated July 18 2018. As for legal action, in the form of a judicial review of the regional formation law at the Constitutional Court, there is still an opportunity. However, it is known that the Constitutional Court in several recent decisions considers territorial boundary disputes within the Republic of Indonesia not to be a constitutional issue that deserves to be tested by the Constitutional Court. Rather, it is the authority of the government in stages, namely the authority of the governor, or the Minister of Home Affairs. 2). The legal consequences of the Supreme Court's decision Number: 5 P/HUM/2023 dated 23 March 2023 on the administration of regional government in border areas, have consequences for: Aspects of legal certainty in the administration of regional government; Aspects of public service certainty, which must be carried out by the West Sulawesi Provincial Government and Pasangkayu Regency, in providing basic services to residents of the community; and Fulfillment of the political rights of citizens, both voters and those elected (candidates), by providing services and building polling stations in the implementation of election and regional election contestation.
KONSEP PENEGAKKAN HUKUM TERHADAP WAJIB PAJAK BUMI DAN BANGUNAN PERDESAAN DAN PERKOTAAN DALAM RANGKA MENGOPTIMALKAN PENCAPAIAN PENDAPATAN ASLI DAERAH Musdalipa
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The aim of this research is to analyze the concept of law enforcement for rural and urban land and building tax payers, to analyze the collection of land and building tax in rural areas to optimize local revenue in Central Mamuju Regency and to analyze the legal aspects of the smoke innovation policy. The research method uses normative legal research, using a statutory approach, a conceptual approach. Sources of legal materials come from primary, secondary and tertiary legal materials. The research results obtained conclusions 1). In the Law Enforcement Concept for Rural and Urban Land and Building Taxpayers, the Regional Government applies sanctions in the form of interest/fines of 2% per month. In terms of the imposition of criminal acts in the field of regional taxation, it will only be carried out as a final measure when people do not comply with taxes, in this case the regional government prioritizes the principle of Ultimum Remidium. 2) Law Enforcement Efforts carried out by the Central Mamuju Regency Government Cq. BPKPAD, in terms of increasing Regional Revenue Optimization, has provided extraordinary results where the realization or receipt of Regional Taxes, especially PBB-P2, has increased significantly. 3) Legal Aspects of the SMOKE INNOVATION Policy. Efforts to increase Mamuju Regency's original regional income, namely with Law Number 30 of 2014 and Government Regulation Number 38 of 2017 and Regional Regulation Number 8 of 2023.  
PENGAWASAN DANA DESA OLEH INSPEKTORAT KABUPATEN BANGGAI KEPULAUAN DALAM MEWUJUDKAN PENGELOLAAN DANA DESA YANG EFEKTIF, EFISIEN, DAN AKUNTABEL Yuhardi
TADULAKO MASTER LAW JOURNAL Vol 8 No 2 (2024): JUNI
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The purpose of this writing is to find out about the legal position of the Banggai Islands Regency Inspectorate in supervising the management of village funds and their effective, efficient and accountable use. The research method used is juridical and empirical writing. The legal position of the Banggai Islands Regency Inspectorate is that the Regent appoints Functional Officials who are tasked with carrying out internal supervision over the financial management of village funds so that their management can have a positive and significant impact on the financial management of village funds. The form of supervision that has been carried out by the Banggai Islands Regency Inspectorate is in the form of preventive (prevention) and repressive (enforcement) supervision in order to oversee effective, efficient and accountable management of village funds.  

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