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INTERNATIONAL LAW AND THE ROLE OF THE STATE OF INDONESIA IN ASEAN AS A CONFLICT MEDIUM ON SOUTH CHINA SEA ISSUES
Dewa Gede Sudika Mangku;
Muhammad Adam Firdaus;
Ni Luh Wayan Yasmiati
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.47022
This study discusses the role of Indonesia as a conflict mediator on the issue of the development of problems related to the sovereignty conflict of China which claims most of the South China Sea zone. This problem received intervention from a third country, one of which was the United States. Indonesia and other ASEAN member countries that claim parts of the South China Sea against China's policies are still in the discussion process and in the process of signing the draft SCS Code of Conduct with China.
ANALYSIS OF WORKLOAD, REST RIGHTS, AND THE RIGHTS TO ENJOY ENTERTAINMENT IN GENDER DIFFERENCES
Ni Putu Rai Yuliartini;
Kadek Desy Pramita;
Ni Luh Wayan Yasmiati
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.47056
Basically everyone agrees that women and men are different. However this has led to the position of women in the family and society below men. The assumption that women should not have a higher position that men is one of the gender inequalities that can still be felt until now. A small example of this gender inequality can be found in a family environment. The main problem in this article is the difference in workload, as well as the use of the right to the rest and the right to enjoy a consolation by each gender in a family. The type of research method used in this article is a qualitative research method. And the legal research approach used in this study is a conceptual approach. The result showed that women had greater workload than men. And women also use the right to rest and enjoyy less consolation than men.
PROGRESSIVE AND DIVERSION PROCESS: PROTECTION RULE AND ENFORCEMENT OF THE JUVENILLE JUSTICE
Junimart Girsang;
Ninne Zahara Silviani
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.47832
The implementation of juvenile justice with a progressive legal approach deserves to be used in child law enforcement because it prioritizes the interests of child protection. The relevance of progressive law enforcement to the juvenile justice system in Indonesia rests on the objectives of the juvenile justice system and the existence of rules for arrest, detention, and sentencing of crimes as an effort and form of sanctions against children, which can be in the form of treatment placed in the juvenile justice constitution. This research uses the juridical-normative method, namely legal analysis conducted by reviewing library materials or secondary data, and the data will be analysed through qualitative methods. This study aims to make law enforcers apply progressive law maximally in law enforcement of juvenile justice. The results of this study indicate that law enforcement for juvenile criminal justice in Indonesia is generally still far from the will of law enforcement with a progressive legal approach, and diversion is the right way to decide child criminal cases.
TANTANGAN DAN KESEMPATAN PEMENUHAN HAK PENDIDIKAN DASAR DAN MENEGAH DI KAWASAN PERBATASAN NEGARA DI PROVINSI KALIMANTAN BARAT
Endah Rantau Itasari
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.47951
Increasing access to education cannot be separated from the spatial use and utilization plan of the border area itself. Oftentimes, the Regional Spatial Planning (RTRW) which is intended for the opening and construction of schools at the village and sub-district levels becomes an obstacle to the program because it must be reviewed and changed, or simply violated. In fact, almost all of the licensing processes for the establishment of primary and secondary schools for private primary and secondary schools established by non-state entities are very difficult to obtain due to the unclear use and utilization of regional space. The number of permits issued has begun to be targeted by the DPRD for the fulfillment of PAD, so that issues that do not match the existing spatial plan are not taken seriously. In the end, sustainability as a principle and good governance as a practice which are two twin aspects of good spatial planning only exist in the concept because they only serve as tools to legitimize public sector malpractice in the use of space and exploitation of resources, especially in border areas. Permits to use space for the establishment of primary and secondary schools by the private sector should be adjusted to the state's alignment with increasing access to education.
PENERAPAN SISTEM PERIZINAN BERUSAHA ONLINE SINGLE SUBMISSION RISK-BASED APPROACH (OSS-RBA) DI BIDANG INDUSTRI PASCA UU CIPTA KERJA
Ida Ayu Kade Febriyana Dharmayanti;
Putu Gede Arya Sumerta Yasa
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.50593
The objective of this study is to establish the business licensing arrangements in Indonesia after the enactment of the Undang-Undang Cipta Kerja and to find out the problems of implementing the business licensing system in the industrial sector through the Online Single Submission Risk-Based Approach (OSS-RBA) after the enactment of the Job Creation Act. The research method used in this research is empirical legal research, with a statute approach, analitical and conseptual approach, and facts approach. This research is descriptive by using qualitative analysis. The results of this study is business license or industrial license management system in Indonesia has experienced various dynamics which aim to continue to improve and become better in the future. This dynamic encourages various kinds of changes regarding business license and industrial license, starting from the laws and regulations to its practice. The use of online-based OSS-RBA when the verification process often experiences problems, so that in the future the government or authorized agencies are expected to be able to refine the OSS-RBA system therefore that problems would not be happened in its practice.
PENGATURAN SISTEM ELEKTRONIK DALAM PENGAMBILAN KEPUTUSAN RAPAT UMUM PEMEGANG SAHAM (RUPS) PERSEROAN TERBATAS YANG BERKEPASTIAN
Komang Febrinayanti Dantes
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.50941
This study aims to determine and analyze the rules in the event of the General Meeting of Shareholders conducted electronically. Events in the General Meeting of Shareholders which are conducted using an electronic system where the shareholders cannot meet face-to-face directly, but face-to-face with the media provided by the institution providing the electronic GMS. This incident created a gap for shareholders to deny the results of the decision of the General Meeting of Shareholders electronically, because the electronic GMS was included in the category of a mere fact (circumstances) which was temporary. So it is very necessary to have strict rules regarding its implementation. The Financial Services Authority then issued the Financial Services Authority regulations POJK 15 and POJK 16 which can bridge and make the implementation of the GMS electronically based on law and are not easy to be denied as a legal act from the shareholders on the statement of their will. The shareholders in the electronic implementation of the GMS make a separate statement, fingerprint, and electronic signature which have been clearly regulated in the Information and Electronic Transaction Law Number 16 of 2019 on the amendments to Law Number 11 of 2008 and also refer to in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies.
PSIKIATER DALAM RANAH HUKUM PERADILAN PIDANA
Muhammad Farhan Abdillah;
Iman Santoso
Jurnal Komunikasi Hukum Vol 8 No 1 (2022): Februari
Publisher : Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja
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DOI: 10.23887/jkh.v8i1.51572
The science of criminal law provides a requirement to say that someone committing a crime must fulfill the elements of an act that legally violates the law or has a normative nature against the law, Forensic Psychiatry has a significant position in the field of criminal law as a factor of proof in criminal liability. Psychiatry ensures the size of a person's responsibility in violating criminal law. Often a person in every day seems reasonable in his mind, but in a psychiatric examination it is clear that he has mental problems that reduce his responsibility, but he finds a severe punishment. The purpose of this paper is to determine the role and position of psychiatrists in the criminal justice system. The research method in this paper uses literature research, by applying a qualitative approach this research can be made. Qualitative research is research that interprets a symptom such as a social phenomenon that focuses on the complete picture of a phenomenon to be studied. The results of the discussion show that the role of psychiatrists as legal agents of law enforcement officers and in the criminal justice system is positioned as an expert in every stage of examination in criminal procedural law, both in the investigation stage, additional examination on prosecution and expert testimony on evidence at trial.