Suchergebnisse

Neglect of rape victims in the Indonesian Criminal Justice System implicates at least two things; first, the victim does not receive legal protection, and second, the decisions of judges do not fulfill the sense of justice. Neglect of victims in the Criminal Justice System cannot be separated from the theory, doctrine and legislation, especially criminal law or the Penal Code, Criminal Procedure Code and the Corrections Act, which is oriented merely to the perpetrators (criminal oriented) instead of victims (victim oriented). Regarding the conditions above, this study was intended to provide a solution of the problems so that victims in the Criminal Justice System obtain legal protection and the decision of judges could fulfill the sense of justice.

Purpose of the study: This research aimed at highlighting the cultural implications in the context of the Dayak Tomun community in maintaining the management of land rights based on the customary in Lamandau, Indonesia. Methodology: This study used a quantitative doctrinal research method to look at the macro problems in legislation products and a qualitative non-doctrinal research method to look at the problems conceptualized at the level of microanalysis as a symbolic reality. Main Findings: This research revealed that the cultural approach perspective of the local indigenous people had an important role in the management of land rights. This study discovered the procedures for managing the people's customary land rights, which were simple and based on the local wisdom of the local community, which implied a philosophical meaning of belom behadat (living in traditions, obeying customs), human nature in protecting the realm from destruction. Applications of this study: The findings of this study may be useful for the government in Indonesia since the findings reveal information as regards the management of land rights viewed from not only the rules and laws, but also a form of behavior, actions, and actual and potential human interactions that will be patterned in the management of land rights of Dayak Tomun indigenous people. The cultural implications of the Dayak Tomun indigenous people in managing local land rights based on local wisdom are sacred. Novelty: Indigenous people's background has management procedures, which can be seen from the characteristics of traditional lands, such as the presence of planting and family tree. Meanwhile, the term in the management of land rights is a hereditary habit and contains legal values derived from beliefs (religion), customs, and social culture.

The realization of the right to health can be achieved through several different approaches, for example; the establishment of health policies or the implementation of programs established by World Health Organization (WHO), or the adoption of legal instruments. This research is a doctrinal normative law research, that is by reviewing and analyzing library materials or secondary data that examines the values of justice through statutory approach. As a complement, this research also uses case approach, through field study. The discussion uses John Rawls's justice concept with fairness justice to analyze the findings of both research related to the findings of legislation and field findings, with the conclusion that justice based health law based on profession equality based on social justice is realized with health law that reflects the values of justice, the right of professional equality as well as the value of social justice with the concept of justice as a fairness as a capable concept to adapt, so it needs an adaptive health law approach.Keywords: Health Law, Profession Equality, Social Justice ; The realization of the right to health can be achieved through several different approaches including the establishment of health policies or the implementation of programs established by World Health Organization (WHO), or the adoption of legal instruments. This research is a doctrinal normative law research by reviewing and analyzing library materials or secondary data that examines the values of justice through statutory approach. As a complement, this research also applies case approach, through field study. The discussion uses John Rawls's justice concept with fairness justice to analyze the findings of both types of research related to the findings of legislation and field findings. As a conclusion, justice-based health law based on profession equality on social justice is materialized through health law that reflects the values of justice, the right of professional equality as well as the value of social ...

Purpose: This study aims to determine the criminal law policy on sexual exploitation in Indonesia and discover the current legal policy from the perspective of victimology.Methodology: This study is based on doctrinal legal research or normative juridical procedures with a legal perspective in the traditional sense of "law in the book". Normative legal research is essentially a legal research library in which the author studies the legal principles beginning with specific sectors of the legal system and the identification of legislatively enacted legal norms.Results: The findings revealed that the criminal law policy on sexual exploitation in Indonesia and the current legal policy from a victimology view, comprising the legal protection from Law Number 21 of 2007 concerning the Crime of Trafficking in Persons, Law Number 23 of 2002 concerning Protection Children, and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, have attempted to fulfill the rights of victims, although a detailed explanation of legal protection efforts has been more based on the child protection law. Moreover, according to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have prioritized victims' interests.Benefits: This study was designed to serve as a reference for the government and parties concerned with Indonesia's criminal law policy on sexual exploitation and its current legal policy from a victimology viewpoint. It is intended to result in law enforcement being more equitable and capable of combating sexual exploitation in the digital age.Novelty/Originality: Regarding responsibility for certain sorts of child sexual exploitation, the child protection legislation is more onerous than the trafficking statute in terms of penalties and threats. The two laws have endeavored to uphold victims' rights in legal protection. However, the child protection statute includes a more extensive description of the legal protection measures. According to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have emphasized victims' interests

This paper examines empirical facts of market failure and government failure toimprove people's welfare; capitalism and neo-liberalism do not provide a spacefor states to implement policies for social justice. With regard to the failure of thewelfare state to bring the citizen to fair welfare, this paper offers the formulationof a welfare state based on Maqas}id Al-Shari'ah. This study employs Maqas}id Al-Shari'ah developed by Imam Al-Juwaini, Izzu al-Din bin 'Abd al-Salam, AbuIshaq al-Shatibi and Al-Tahir Ibn 'Ashur as the methodological framework.It formulates welfare state of maqas}id al-shari'ah, which is built through thefulfillment of the three levels of individual needs (citizens) (al-D}aruriyah, alhajiyyah and al-tahsiniyah; primary, secondary and suplementary rights), publicneeds (equal distribution; al-hajah al-'ammah), protection or assurance (alismah),and law enforcement (al-fit}rah (order), equality (al-musawah), freedom(al-h}urriyah), magnanimity (al-samh}ah)). The morality-spirituality-religiosity andtranscendence principles develop the formulation. The maqas}id al-shari'ahshould be the "soul" of every policies and rules or laws. The development ofthe formulation of welfare state based on Maqas}id al-Shari'ah will build Islamicman/religious man (citizen), who is prosperous spiritually and materially.Artikel ini mengkaji kenyataan empiris mengenai kegagalan pasar(market failure) dan kegagalan negara (government failure) dalam meningkatkankesejahteraan rakyat, kapitalisme dan neo-liberalisme tidak memberikantempat bagi negara untuk melakukan kebijakan demi keadilansosial. Berdasarkan kegagalan negara kesejahteraan menghantarkanwarga negara menuju kesejahteraan yang berkeadilan maka tulisan inimenawarkan formulasi negara kesejahteraaan berdasarkan Maqas}id al-Shari'ah. Kajian ini mempergunakan Maqas}id al-Shari'ah sebagai kerangkametodologis yang dikembang oleh Imam Al-Juwaini, Izzu al-Din bin'Abd al-Salam, Abu Ishaq al-Shatibi dan Al-Tahir Ibn 'Ashur. Kajian inimemformulasikan negara kesejahteraan ...

Underage marriage is deemed to be a serious problem as brings controversies. Indonesia is one of the countries in the world with a high rate of underage marriage. The health impacts of this dangerous traditional practice include the increase of the mother and baby death rate, and also the rate of reproductive health diseases. The method in this research is the qualitative method. The underage marriage still happens often as there is a high tolerance given by the Constitution of Marriage, which gives the minimum age of 16 years for marriage. There needs to be an effort of harmonization between the various systems of marriage laws which apply in Indonesia so that the legislative challenges which happen becauses of the constitutional regulations' disparity regarding the underage marriage may be solved. Revisions of the Constitution of Marriage and the Maturity of Marriage Age are proposed as part of the effort to prevent underage marriage. Viewed from the aspect of reproductive health, underage child marriage poses much risks and dangers because physically and mentally, children are not ready to give birth, so it may cause diseases in the reproductive system, and it may even lead to the death of the baby and child. There needs to be the government's commitment to stop the dangerous traditional practices which affect the health of women and children and ratify the regulations related to their protection. The socialization of the reproductive health and sex education for teenagers must be done intensively by integrating it in the study curriculum at school.

The legal paradigm of halal tourism which is being built by the government West Nusa Tenggara Province is based on oriental characters, civilization, and culture with the main scheme to attract the world Muslim tourists. The development of legal paradigm of character-and-civilized-based tourism is important in order to establish local identity of a particular area, which is now declining. This paper aimed to discus legal concept of halal tourism based on Islamic prophetic through social historical inference of Sasak, Samawa, and Mbojo ethnic groups. This research used legal analysis method of sociological jurisprudence and prophetic legal method with integrated-interconnected approach through the procedure of social historical interference. The finding revealed there is a convergence of Islamic prophetic values and social historical values of Sasak, Samawa, and Mbojo reflected in the patterns of halal food, social relation, clothes, economy, and the like. Common philosophy of Sasak, Samawa, and Mbojo, that is "adat bersendi syara', syara' bersendi kitabullah" (tradition is based upon sharia, sharia is based upon the Book of Allah) supports the Islamic identity that has provided a foundation for the issuance of halal regulation and the accommodation of character and civilized based local identities through local friendly entities.

The Province of West Nusa Tenggara is known as one of the Indonesian provinces which has become a tourism destination apart from Bali. This province has two main islands, which are Lombok Island and Sumbawa Island. They have a richness in the variation of nature and culture, so that they have a high potential for the development of tourism. The problem which must be taken into consideration in creating a better tourism destination is giving healthcare services which are agreed upon through the local government's policies. The scope of tourism health is very broad, as it includes the health of the tourists, the health of the society as the hosts, the health of the workers in the tourism industry, the health of the environment in the tourism area, the safety of food in the tourism area, including the different policies regarding health and tourism. Apart from that, the effort of chemoprophylaxis may be informed to the tourists who have the risk to be contracted of an illness, but may be avoided through the use of some medications. For example, the tourists who visit West Nusa Tenggara, or the other eastern parts of Indonesia, may be advised to consult to health workers to receive preventative medicine. Tourism consultants and tourism guides may also have the role to give suggestions regarding the general health situations which are present in the area on several occasions.

INTRODUCTION: The modern welfare state concept is based on individualistic and liberal social contracts that prioritize individual interests with liberalist, partial and non-holistic hegemonies. The welfare state concept has failed in directing citizens to achieve justice, peace, and welfare. The basic aim of the Republic of Indonesia's formation is to form a welfare country. But the Indonesian constitutional articles do not have the power to form a welfare society compared to those of other states, such as Norway, Japan, the USA, and Malaysia, whose constitutions aim to achieve welfare. OBJECTIVE: This research aims to explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. The urgency of this research is on the effort of model invention, or a new postulate on the form of the Indonesian Legal Welfare State. METHODS: This is normative-juridical research with a philosophical approach to find and explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. CONCLUSION: This research found that as a Legal Welfare State, Indonesia inspirits Pancasila as the moral-spiritual guidance in all developmental policies on the national law, economy, politics, and culture. Thus, the direction of the state's development is inseparable from its roots, namely the prophetic and transcendental Pancasila. NOVELTY: The previous researches discussed Indonesia as a welfare state only based on the determining legislation or laws. But this research discusses the philosophical aspect based on the thoughts of Indonesia's founding fathers.

Doctorate students of legal studies programs in Indonesia use various research methods. This paper aims to analyze research methods patterns used by doctorate students of legal studies in six Indonesian universities. The authors analyzed dissertations from the Doctorate Program of Legal Studies in the following universities: Universitas Indonesia (Depok, West Java), Universitas Padjajaran (Bandung, West Java Province), Universitas Sumatera Utara (Medan, North Sumatra Province), Universitas Airlangga (Surabaya, East Java Province), Universitas Diponegoro (Semarang, Central Java Province), and Universitas Hasanuddin (Makassar, South Sulawesi Province). This philosophical method research used secondary data obtained using the literature review method in the form of dissertations from six universities that establish legal studies doctorate programs. Results showed that there are three patterns of epistemology used by doctorate program students of legal studies in Indonesia, namely those that are based on the doctrinal approach, those based on the non-doctrinal approach, and those based on the combined approach between the doctrinal and the non-doctrinal approaches. In this research, some dissertations with the epistemological pattern were also found that are is based on theoretical assumptions sourced from the teachings of the positivistic legal philosophy school of thought as taught by Austin and Kelsen.

There are two emerging markets in Indonesia, namely traditional markets and modern markets. Traditional market reform is one of the government's programs to improve the performance of market traders. The existence of medicine environment aspects as the development of the quality of traditional markets is important to be discussed. The greater the health and medicine environmeny that occur shows a is a reflection of the level of public welfare. its development Traditional markets are beginning to be marginalized, this is due to the quality of commodities and un health environment that are not guaranteed.

Women in the digital era are one of the most vulnerable parties to become victims. Not only as victims of physical violence but also users who have the highest number. There are various reasons why women are currently very active in using various digital platforms or applications on the market, one of which is online loan applications (financial technology). They use the application for various purposes, such as to meet personal basic needs, finance household life, to buy trending goods that are expensive. In the end, because these various goals caused new problems for them, namely debts with high interest accompanied by various threats from irresponsible parties. This article was written using a normative method that aims to review the extent to which the role of women who are victims of the rise of various fintechs, both licensed and illegal in terms of victimology. Here it can be seen that women have a role in the occurrence of financing agreements through Fintech, although the role of women has a passive tendency, but women have a role in the occurrence of fintech financing agreements which ultimately lead to digging holes, closing the hole from the loans they have received. In addition to these problems, women based on the theory of lifestyle exposure are also at risk of becoming victims of immoral crimes in digital media when they are bound by fintech financing agreements in the form of distributing the identity and personal photos of the victims.

This study aims to describe the pattern of accommodating administrative law in dealing with corruption. This type of research is a juridical research with a qualitative doctrinal approach. Indonesia in Law Number 30 of 2014 concerning Government Administration regulates the legal basis and guidelines for every government administration official in making decisions, preventing abuse of authority and closing opportunities for corruption. However, at the level of implementation, it does not run optimally as evidenced by the trend of handling corruption in 2016 - 2018 by the Corruption Eradication Commission which has increased both at the level of investigation, investigation, prosecution, Inkracht and execution. Therefore, optimizing the accommodation of state administrative law in fighting corruption is part of preventive efforts to detect corruption early.