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NOVZEL RIDHO ABEDNEGO HASUGIAN
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INDONESIA
Jurnal Ilmiah Kebijakan Hukum
Published by Badan Strategi Kebijakan Hukum, Kementerian Hukum Republik Indonesia
ISSN : 19782292     EISSN : 25797425     DOI : https://doi.org/10.30641/kebijakan.2026.V20.2
Core Subject :
Focus and Scope The focus of this journal is legal policy (in Indonesia) which can be derived from the results of research, studies and legal reviews. The scope of this journal includes but is not limited to: Correctional policy; Immigration policy; Legislative policies; Intellectual property policy: copyrights, industrial designs, patents, layout designs of integrated circuits, trade secrets, marks and geographical indications; General law administration policies: civil (legal entity, fiduciary, inheritance, state curator, and notary); crime (criminal law services and pardons, civil servant investigators, and dactyloscopy); state administration (citizenship and political parties); central authorities and international law (mutual assistance in criminal matters, extradition, transfer of trains, and international law); Policies for fostering national law: legal planning, legal counselling, and legal aid; Policies on administration, supervision and development of human resources in the field of law.
Arjuna Subject : -
Articles 253 Documents
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Resilience Capabilities of Female Inmates who are Covid-19 Survivors in the Pekanbaru Women's Correctional Institution Padmono Wibowo; Ghaneisya Anggareksi; Mulyani Rahayu; Maki Zaenudin Subarkah
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.195-212

Abstract

Resilience is an individual's ability to adapt positively, be able to survive and remain stable and healthy when facing unpleasant and risky conditions, such as Covid-19 pandemic. This study is to describe the resilience ability of female inmates who are Covid-19 survivors at the Pekanbaru Women's Correctional Institution. In addition, this study aims to determine the sources of resilience in female prisoners who survived Covid-19 at the Pekanbaru Women's Correctional Institution to improve the resilience capabilities of prisoners. The research methods used are qualitative approach and descriptive design. Based on the results of the study, it is known that the sources of prisoners' resilience abilities in dealing with Covid-19 originating from self perception is positive thinking, acceptance, self-motivation, others' supports, being diligent in worship and visitation, while those from self efficacy are self-control, looking for solutions, willing to repent, adapting, being independent, being grateful, appreciating time, interpreting life, doing good, and being devoted, while what comes from I Have are the support and the rules. The results of the study also found that there were female prisoners who survived Covid-19 who were Non-Resilient are paranoia, stress, low self-esteem and denials, self-isolation, indifference, fear and pressure,  breaking the rules and lack of attention. Therefore, intense efforts need to be made so that non-resilient prisoners have the ability to be resilient in dealing with Covid-19.
The Effect of the Arrangement to Implement Local Working of Patents on the Policy of State's Responsibility in Fulfilling Public Accessibility Rights to Patent Medicine Rahayu Rahayu; Kholis Roisah; Diastama Anggita Ramadhan; Leony Sondang Suryani
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 1 (2022): Edisi Maret
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.19-40

Abstract

The amendment of Article 20 of Law Number 13 of 2016 concerning Patents through Article 107 of Law Number 11 of 2020 concerning Job Creation raises concern. The public shows concern that their accessibility rights to get medicines in order to fulfill the right to health will be restricted. There is a conflict of interest between Government of Indonesia's obligation to fulfill its citizen's right to access medicine and its commitment to international agreements. This study used a doctrinal approach by analyzing secondary data. Specifically, it analyzed various policies related to the provision of medicines by government as part of it s obligations to fulfill the right to health of its citizens. The results of this study conclude that the state's obligation to fulfill the accessibility of patent medicine is carried out through several policies. These policies include the policy on the development of the pharmaceutical industry for medicine raw materials and innovative medicine. There is also the policies on ensuring the safety and efficacy of medicine through medicine registration. The government also fulfills the accessibility of patent medicine through the policies for medicine availability in urgent circumstances with the implementation of patent held by the government (governmental use). In addition, there is also the policy of independence in the use  of domestically produced medicine. The policy on the obligation to apply local patent that can be replaced by importing does not really affect the availability of patent medicine. It is because the technological capabilities of the pharmaceutical industry are still limited to the ability to formulate medicine. Indonesian pharmaceutical industry does not yet have the ability for the development  of innovative medicine. Furthermore, the government issues various policies and regulations to facilitate the acceptance of qualified generic medicine. It is done to meet the needs of the community, as well as to fulfill the right to health for the community as part of the state's obligations. Indonesia as a country rich in bio-diversity needs mandatory policies for national pharmaceutical companies to develop raw materials for biopharmaceutical medicine.
Measuring the Quality of Legal Aid Services as the Embodiment of Access To Justice Oki Wahju Budijanto; Tony Yuri Rahmanto
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 3 (2022): Edisi November
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.397-422

Abstract

Since the enactment of Law Number 16 of 2011 concerning Legal Aid, the practice of legal aid services still has several problems including not being able to reach all districts/cities due to the limited number of Legal Aid Organizations that can provide services. This paper aims to describe the implementation of legal aid services and analyze optimal strategies in improving the quality of legal aid services. This study used two approaches, qualitative and quantitative or commonly referred to as the Mix Method. Data collection methods used in this study are surveys, interviews and document studies. The results of the study show that the quality of legal aid services as a manifestation of access to justice can be said to be very good by referring to the results of the assessment on the performance of legal aid organization units and the quality of litigation and non-litigation legal aid services. However, several aspects need attention, namely the information aspects in litigation services and the procedural aspects of non-litigation services.   Guided by the results of the study, a strategy is needed to improve the quality of legal aid organization services by increasing access to information to service recipients. Legal Aid providers can use online surveys in evaluating the implementation of legal aid services throughout Indonesia. This strategy is the right step, effective, efficient and in accordance with the pandemic conditions and technological advances.  
Publications of the Identity of Children in Conflict with the Law on the Official Site of the Indonesian Supreme Court Decision Directory Duflitama Astesa; Cekli Setya Pratiwi
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.213-234

Abstract

Protection of children's rights in conflict with the law (ABH) is a state obligation. The protection aims to ensure the best interests of the child and to prevent discrimination. As stated in Article 19 of Law Number 11 of 2012, one of the rights is that law enforcement institutions are not allowed to publish the identities of ABH, either in print/ electronic media. However, their identities are still revealed in various Decisions of children's cases. Particularly, their identity is published on the Site of the Supreme Court's Ruling Directory. The purpose of this study is to find out why the Supreme Court Decision Directory Site does not keep the identity of ABH a secret and what are the implications. This research used a socio-legal approach. The results of the study show the management team did not understand their main tasks and rules of protecting the identity of ABH, inconsistency in checking copies of court decisions, ineffective monitoring, and only a handful of people reported the case so this situation is considered normal. The implications of the children's identity disclosure have affected the rights of children, families, and applicable rules that do not provide legal certainty.
Procedural Justice or Substantive Justice: Review of Constitutional Court Decision Number: 91/Puu/Xviii/2020 Samuel Hamonangan Simanjuntak; Lita Tyesta A.L.W.
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.341-362

Abstract

The formal test application of the Omnibus Law of Job Creation  through the Constitutional Court Decision Number:91/PUU-XVIII/2020, in its statement the Constitutional Court declared its unconstitutional conditional. The Constitutional Court decision was made because considering the need to balance the formal and the strategic objectives of the establishment of the Job Creation Law, the formal condition is procedural justice while the strategic objective is substantive justice. The decision raised the question of whether the verdict was oriented to procedural justice or substantive justice. Research question of the study was what is the Orientation of Justice of the Constitutional Court Decision Number:91/PUU-XVIII/2020? This study is on normative law research. The postpositvism paradigm used a qualitative approach through the in concreto study of and court behaviour. The results of the study are the Constitutional Court Decision Number:91/PUU-XVIII/2020 through its considerations, opinions and verdicts in the main application oriented to procedural justice. It can be concluded that The Decree of Constitutional Court Decision Number:91/PUU-XVIII/2020 is oriented to procedural justice. The study recommends, in line with the principle of justice of John Rawls, the basic legal values of Gustav Radbruch and the social justice value of Pancasila and the 1945 Constitution of the Republic of Indonesia, formal test on Omnibus Law of Kob Creation should have been rejected, and made substantive justice orientation of the Constitutional Court Decision Number:91/PUU-XVIII/2020.
Legal Protection of Trade Secrets over the Potential Disposal of Trade Secrets Under the Re-Engineering Precautions Faizal Kurniawan; Moch. Marsa Taufiqurrohman; Xavier Nugraha
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.267-282

Abstract

The Indonesian Trade Secrets Law Number 30/2000 (ITS Law) postulates exemptions for acts that are not considered infringements to protect trade secrets. One of them is the reverse engineering of other people's trade secrets. The problem is that the ITS Law does not limit the extent to which reverse engineering can be justified. The absence of these limitations also allows attempts to disclose trade secrets under the pretext of reverse engineering. This problem ultimately results in the absence of legal certainty for the protection against trade secret disclosure, which is the sole responsibility of the trade secret owner. This article aims to re-analyze the protection provided by the ITS Law and examine the extent to which the limitations on reverse engineering can be justified in the ITS Law. This article used normative juridical research methods combined with statutory, conceptual, and case approaches. It revealed a paradox in the protection of trade secrets against the possibility of trade secret disclosure. This article concluded that changes are necessary to the ITS Law, specifically by adjusting to the basic principles of IPR protection, limiting the extent to which the reverse engineering of other people's trade secrets can be justified, and adding a "Good Faith" clause in performing reverse engineering actions.
Covid-19 Mitigation Strategy in Higher Education Institutions: A Qualitative Study at Indonesian Immigration and Correctional Science Colleges Asep Kurnia; Vita Nurul Fathya
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.301-322

Abstract

Covid-19 Pandemic is a global issue affecting higher education institutions, including colleges for future government officials like the Polytechnics of Correctional Science and the Polytechnics of Immigration. To present a research article regarding this issue, the qualitative method and the interview technique were used for this purpose. The data were collected based on interviews with actors involved in mitigating Covid-19 in those Polytechnics. As the result of interviews, several strategies for Covid-19 mitigation are obtained. They include strengthening the role of leadership in finding solutions in uncertain conditions, campus zoning, providing quarantine and self-isolating facilities, conducting tracing, testing, treatment, and other health protocols. In addition, the Covid-19 mitigation strategies also include implementing virtual learning methods during pandemics and providing access to anti-virus medicines, vitamins, and other kinds of supplements for employees and students. The campus management also conducts mitigation strategies by accompanying students during isolation, educating students and staff about self-protection from the virus, establishing a campus task force to organize mitigation activities, and also conducting coordination with other stakeholders. Overall, the research shows that the Covid-19 mitigation strategy in Poltekim and Poltekip campuses is quite effective. However, improvements in several areas are needed in the future. Regarding the strategy for Covid-19 mitigation in higher education institutions, the authors recommend several proper prevention strategies such as increasing the number of rooms and facilities to accommodate classes with health protocols and agreeing on a common perception among stakeholders about the learning, coaching, and methods of treatment in these colleges. 
Principles of Selective Immigration Policy in Relation to Visa Free Entry for Tourism Purposes Anak Agung Gede Duwira Hadi Santosa; I Made Marta Wijaya; Ni Luh Dewi Sundariwati
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.235-252

Abstract

Tourism has an important role in enhancing the economic growth of a country. As a country with growing tourism industry, Indonesia is trying to increase foreign tourist visits by rolling out a visa-free policy. However, the visa-free policy has not yet fully provided benefits. In practice, this policy triggers the occurrence of transnational and international crimes, the rise of illegal foreign workers and the large number of foreigners who abuse their residence permits. The purpose of this research is to analyze the visa-free policy from the perspective of selective policy theory. The research method is normative legal research with a statutory approach and a conceptual approach. The results of the study show that the visa-free policy as contained in Presidential Regulation Number 21 of 2016 is not fully based on the theory of selective policy. In conclusion, the visa-free policy cannot be implemented optimally because the formulation of this policy does not represent the theory of selective policy. Consequently, the implementation of visa-free policy generates various matters that have an adverse impact on Indonesia. In order to overcome this problem, it is urgent to evaluate and improve the visa-free policy and to make this policy truly based on the theory of selective policy. Thus, the visa-free policy will be very selective in choosing and determining countries that can receive a visa-free policy.
Copyright Legal Protection for Portrait on Trademark (Analysis on Cassation Decision Number 52k/Pdt.Sus-Hki/2021) Sendee Theresia Suriadiningrat; Fitra Deni
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.283-300

Abstract

Legal Protection within the scope of Copyright includes the protection of 2 (two) basic rights, Moral Rights and Economic Rights. The goal is that there are restrictions so anyone cannot use other's Copyrights commercially without permission from the Creator or His Heirs. In the case of the use Mrs. Meneer's Portrait in Trademark without written permission of the Heirs, it becomes debate whether the legal protection of the Portrait remains under the Copyright Law, or its Exclusive Rights have been lost because it falls within the scope of the Trademark Law. The research method used is normative juridical, by reviewing related laws and regulations, and conducting literature studies. The approach is carried out with Cassation Verdict No. 52 K / Pdt.Sus-HKI / 2022. The research concludes that the legal protection of Portraits in Trademarks remains based on the Copyright Law which adheres to the principle of Automatic Protection, so that the Exclusive Rights of the Creators remain. However, the Judge in His consideration determined the plaintiff's legal standing was not based on copyright principles. Based on this case, it is necessary to review the Copyright Law related to the principle of Automatic Protection of the Heirs in order to create justice and legal certainty.
Measuring the Concept of Restoration in Criminal Justice System Asmadi Syam
Jurnal Ilmiah Kebijakan Hukum Vol 16 No 2 (2022): Edisi Juli
Publisher : Badan Strategi Kebijakan Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2022.V16.363-376

Abstract

Regarding the restoration concept such as restorative justice, alternative dispute resolution, circle sentencing, and ishlah,  Indonesia's Criminal Justice System is not yet familiar with this concept. Generally, the concept of restoration is not known in Criminal Procedure Law (KUHAP) which adheres to the principle of legality. Based on this situation, it is interesting to study the concept of restoration, especially the functionalization of restoration concepts and the readiness of the Indonesian Criminal Justice System to implement the restoration concept. This research used a qualitative research method that discusses the concept and implications of restoration associated with the applicable rules or principles. The results show that the restoration concept, such as alternative dispute resolution, circle sentencing, and ishlah, is a concept that prioritizes the interests of the parties involved, namely the principle of win-win solution and recovery.  This concept has long been practiced by the community, especially indigenous peoples and in the Criminal Justice System. It has been functionalized to resolve criminal cases that meet the requirements of both the level of investigation and prosecution as a way of resolving criminal cases. The implications of these concepts on the Indonesian Criminal Justice System are deviations from the principle of legality in the KUHAP. However, these implications are logically acceptable to the community in the framework of equitable and definite legal manifestations. It is recommended that the mechanism for implementing the restoration concept, such as alternative dispute resolution, circle sentencing, ishlah, can be included in the Draft Criminal Procedure Code (RKUHAP). Thus, in the implementation, the restoration concept can be juridically and formally accepted as a principle of the Indonesian Criminal Justice System.

Page 17 of 26 | Total Record : 253

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