bluuebunny/crossref_metadata_2025 huggingface dataset:
Analysis of the Content of Foreign Labor use Regulations Against Indonesia’s Labor Protections.
Authors: Kunarti Siti
Published: July 2023

Globalization moves people indefinitely and includes working in other countries, and accepting foreign workers because it wants the free movement of labor (pree personal movement) over the territorial boundaries of the country. The research is aimed at reviewing and analyzing the content of foreign labor use regulations in Indonesia and whether the content of foreign labor regulations has protected Indonesian workers. The research method used in this study is normative juridical with a statute approach, comparative approach, history approach. The results showed that the Development of Foreign Workers (TKA) Usage Arrangements in Indonesia since Indonesia became independent is regulated in the form of a separate law namely Law No. 3 of 1958 on the Placement of Foreign Workers and subsequently, the Regulation of foreign workers is included in several employment laws, and finally in CHAPTER VI Article 42-49 law No. 13 of 2003 on Employment. The content of the arrangement of the use of foreign labor has not fully provided protection and legal certainty, the revocation of the mandatory Indonesian language requirements for foreign workers is a form of discrimination, as well as the need for strict requirements and qualifications for foreign workers entering Indonesia are skilled, making it possible for the transfer of expertise and technology, supporting economic development, and encouraging the improvement of the competence of the Indonesian workforce. Keywords: Charge Settings, Foreign Labour, Protection .
Reviewing the Medical Record Confidentiality of Covid-19 Patient
Authors: Tinambunan Hezron Sabar Rotua , Puspoayu Elisabeth Septin , Tiurmaida Eliza
Published: July 2023

The Government has done several efforts in order to handling the Covid-19 virus, such as through an appeal to maintain personal hygiene, keep a safe distance, and do not come in direct contact with others. The spread of this appeal was carried out on various platforms, ranging from advertisements on television nor social media. The coverage through the media includes which areas have been exposed by Covid-19, the number of people who have been considered infected, recovered, and the number of people who have died from the virus. Oftentimes, the news is followed by the dissemination of the peoples identity, on the grounds that the public should be more careful, whereas the patient’s identity is strictly protected based on the patient’s right to privacy or medical confidentiality. This writing uses a normative juridical research method. The issues raised were related to the privacy rights and medical confidentiality in the handling of Covid-19. Article 51 of Law No. 29/2004 concerning Medical Practice stated that a doctor is obliged to keep all the information about the patient, even after the patient died. This uphold the fact that a medical confidentiality are closely related to human rights.Keywords: Covid-19; Medical confidentiality; Patient
POLICY IN THE ERA OF PANDEMIC: IS GOVERNMENT’S LEGAL CULTURE AFFECTING?
Authors: Anggraeni Ricca , Sari Indah Mutiara
Published: July 2023

During the era of pandemic, the government was required to formulate policies that could protect its citizens from the spread of the pandemic, and also all the effects that were present because of it. Unfortunately the Government is too late to take steps to anticipate the spread of Covid-19 Pandemic in Indonesia. And as the consequence, various policies are implemented, ranging from general policies to policies in the implementation technical level. As a result, several policies have been ignored by the community, ranging from the provisions of the Large-Scale Social Restrictions regulated through Government Regulations, to the technical provisions concerning restrictions on the travel of people in the context of acceleration of handling Covid-19. Social reality shows that the policies taken by the Government have not been successfully obeyed by the Indonesian people. Through Foucault's theory of power relations, it can be stated that the Government has lost its power during the Covid-19 Pandemic, because regulation as a reflection of the Government's power has not been demanded by the public. An interesting problem is, it turns out that the legal culture that lives in the community is not the cause of these neglection, but the legal culture of the Government itself in determining various policies during the pandemic is the main cause.Keywords: Covid-19 Pandemic; Legal Culture; Policy
Rights of the Indigenous Peoples to Self-Government: A Comparative Analysis between New Zealand and Canada
Authors: Sebar Hind , Nordin Rohaidah
Published: July 2023

Canada and New Zealand are the western liberal democracies settled by a predominantly English-speaking majority. Their legal and constitutional system depends on English common law. Both Canada and New Zealand have a high percentage of indigenous peoples irrespective of the 4% difference in Canada and 15% in New Zealand. Both states rank high in global comparisons of human development. There exist many differences in the rights of self-government of indigenous peoples in both Canada and New Zealand. These distinctions in the application of the self- government right in local and regional level greatly impacts how indigenous peoples put self- government into practice and brings forth significant questions about which version of these applications best serves the interests of indigenous peoples. This is a comparative study that expounds the differences between constitutions of both countries together with the distinctions in the rights of self-government of indigenous peoples. By using the legal combative method to compare constitutions of Canada and New Zealand and their policies regarding rights of self-government of indigenous peoples, this study concludes that with respect to clear constitutional and legislative recognition of the right of self -government Canada is more advanced. Additionally, this study points out significant institutional work differences between indigenous peoples’ self-government rights in both countries.  Keywords- Canada; Indigenous peoples; indigenous rights; Native; New Zealand; Self-government.
Reformulation of Sanctioning Mining Acts of Individual Legal Subjects as Efforts to Improve Ecological Stability in Indonesia
Authors: Septiningsih Ismawati
Published: July 2023

This research analyzes the urgency of the need for reformulation of individual legal subjects who commit mining crimes to encourage increased ecological stability in Indonesia. This research is normative legal research using secondary data sources through a prescriptive literature study. The results showed that the frequency of mining criminal acts committed by individual legal subjects has a high rate of cases; it also has implications for the ecological balance around the mining area. The reformulation of sanctions on particular legal matters focuses on changing the substance of articles in Law Number 4 of 2009 concerning Mineral and Coal Mining (Mining Law). In the research, it will be presented with recommendations for changes in the substance of the Mining Law article which regulates the sanction of individual legal subjects who commit mining crimes to create a deterrent effect to the perpetrators, so that in the future it is expected to encourage increased ecological stability in Indonesia through reducing the frequency of criminal cases mining.Keywords: Reformulation; Individual Legal Subjects; Mining Crimes; Mining Law; Ecology.
Existence of Protected Forest Function as Protection Area
Authors: Fitriah Nikmah , Amarini Indriati
Published: July 2023

The enactment of Law No. 41 Year 1999 emphasizes the position of protected forests as protected areas that must be maintained to provide protection for the surrounding area. Law No. 41/1999 stipulates that open-pit mining activities are prohibited in protected forest areas. However, the effectiveness of Law No. 41/1999 is questioned by the issuance of Law No. 19/2004 which still accommodates open-pit mining in protected forest areas with the argument that the law should not apply retroactively. This article uses normative legal research methods, namely normatively examining various related regulations governing the function of protected forests. The results show that the birth of Law No. 19/2004 which allows several mining entrepreneurs to carry out open-pit mining activities in protected forest areas has resulted in protected forest areas being no different from production forest areas. This can threaten the function of protected forest areas as areas that provide protection for surrounding areas from various natural disaster hazards.Keywords: Existence, Function of Protected Forest, Forestry Law
The Authority of Local Governments in Establishing Public Burial Land in the Spatial Planning of Urban Areas Purwokerto
Authors: Pratama Amardyasta Galih , Handayani Sri Wahyu , Hartini Sri , Kunarti Siti
Published: July 2023

The handover of the authority of the central government to the local government as a form of decentralization in the unitary state in the field of spatial planning, especially green open space in the form of burial land in the Banyumas Regency area, can be said to have not been effective in utilization and management like other forms of green open space. This is because it is not in accordance with the application of spatial planning as a form of green open space because there are discrepancies in its application to regional regulations that are not in line with higher regulations. This research uses a statutory and conceptual approach method with normative juridical research specifications. Using secondary data sources are then analyzed using deductive methods. Based on the results of the study, it can be concluded that there are deviations in legal norms in the content material for the management of burial land in Article 5 paragraph (3) of Banyumas Regency Regional Regulation Number 2 of 2014 concerning Burial Place Management which is contrary to Chapter II of the Provision of Green Open Space in Urban Areas in Green Open Spaces certain functions in Cemeteries listed in the Regulation of the Minister of Public Works Number 5 of 2008 concerning Guidelines for Provision and  Utilization of Green Open Space in Urban Areas.Keywords: Decentralization, Green Open Space, Burial Land
The Indonesia Government's Strategy in Arrest and Confiscation of Criminal Corruption (Corruptor) Assets Abroad
Authors: Mohas Muhyi Mohas , Mega Jaya Belardo Prasetya , Fasyehhudin Mohamad , Mega Jaya Arizon
Published: July 2023

Eradication efforts of corrupting in Indonesia have been carried out, but until now there are still many corruption cases that have not been resolved in various ways by the perpetrators or corruptors. Corruptors often drain the funds from the results of corrupting, even the corruptors then go or run abroad. This raises problems in the process of law enforcement and recovery of financial and economic losses in the country, namely the mechanism for returning assets resulting from criminal acts of corrupting abroad. Therefore, the objectives of this study are to (1) Explain how is Indonesia Government's strategy in arrest and confiscation of criminal corruption (corruptor) assets abroad. (2) Explain how is international treaties concerning the seizure of assets resulting from criminal acts of corrupting are abroad. The research method used in this research is qualitative with a juridical legal approach normative. The results showed that the cooperation between countries is the best strategy that can be done by the Indonesia government in overcoming problems of sovereignty. Some examples of these forms of international cooperation are extradition treaties (extradition), Mutual legal assistance in criminal matters (MLA). The mechanism for the return of assets in MLA consists of four stages of the asset return process (Article 46 Chapter IV, UNCAC).Keywords:  international cooperation; eradication of corruption; confiscation of assets; extradition; mutual legal assistance in criminal matters.
Prevention of Cybercrime through the Development of Criminal Responsibility Principles for Internet Users
Authors: Raharjo Agus
Published: July 2023

There is no guarantee of security in cyberspace. Cybercrime is the use of computer technology for illegal activities. Cybercrime ignores territory, and can even become an automatic crime according to the nature of the machine. The crime prevention model, which has been more reactive and only suitable for the real world, is not an effective way to deal with cybercrime. This research is normative legal research, with the main data source in the form of secondary data. Hacking is an illegal activity that takes many victims and its handling is not complete. The difficulty that arises is the issue of jurisdiction because perpetrators and victims are often in different jurisdictions. Although legal instruments have adopted provisions on the principle of ubiquity, in practice it is not as easy as imagined. The Bangkok International Summit (2007) invites countries to promote cyber security by increasing and developing international global partnerships to prevent, detect, and cybercrime, but this has not been implemented properly. For this reason, it is necessary to develop the principle of criminal responsibility which can be an incentive in overcoming cybercrime.Keywords: cybercrime; hacking; ubiquity; criminal responsibility
Settlement of Double Certificate Cases in Bandung (Case Study of Judge’s Decision Number: 976k/Pdt/2015)
Authors: Soediro Soediro , Faridli Efi Miftah , Dwiana Dhea Anggit
Published: July 2023

One of the objectives of the Basic Agrarian Law (UUPA) is to provide legal certainty for all people and enable the functioning of earth, air, and space, as well as natural wealth that aspired. However, the Basic Agrarian Law (UUPA) has not provided legal certainty over land, one of which is a plot of land with more than one certificate with the same object. The factors causing the occurrence of multiple certificates are caused by the community and the government from the National Land Agency, which does not have a valid database as referred to by Supreme Court Decision Number 976 K/PDT/2015. The formulation of the problem in this research is how efforts to prevent the occurrence of multiple certificates (overlapping) and what are the obstacles in preventing their occurrence double certificate (overlapping). This research aims to determine and analyze the prevention efforts and constraints in preventing the occurrence of double certificates (overlapping). The problems in this study were studied using a normative juridical method using a statutory approach and a conceptual approach—data collection techniques using studies bibliography and assistance and defense of legal facts. According to the research findings, efforts to prevent the occurrence of double certificates (overlapping), specifically by optimizing administration land use and creating land registration maps, so that if there are indications of the occurrence of double certificates, they can be canceled as soon as possible, as well as obstacles in preventing double certificates (Overlapping), specifically the lack of understanding and enthusiasm from the community in applying for their land in Complete Systematic Land Registration (Pendaftaran Tanah Sistematis Lengkap, PTSL), are shown.Keywords: Double certificate; legal certainty; overlapping.
The Effectiveness of Coaching Prisoners With The Therapeutic Community Method in The Cirebon Class IIA Narcotics Penitentiary
Authors: Hamja Hamja , Hakim Lukman Nul , Kartini Murtiningsih
Published: July 2023

Drug abuse is a significant problem, various rehabilitation efforts are carried out at the Cirebon Class IIA Narcotics Penitentiary, one of which is by using therapeutic communities to provide expectations of drug abuse inmates. The problems studied in this research are related to the rehabilitation of prisoners and their implications with the therapeutic community method at the Cirebon Class IIA Penitentiary. This research is empirical research that uses survey methods, observations, interviews, and literature studies. The data obtained are collected and analyzed qualitatively by analytical descriptive methods. The results showed that the therapeutic community can be implemented optimally but is still faced with the first problem therapeutic community has not been focused on the fundamentals of the resident's addiction and the second problem is that the resident is still faced with having to fight his mind with the effects of the relapse he feels.Keywords: Coaching, Therapeutic community, Relapse.
Juridical Overview of the Mechanism for the Forest Area Release and Investment Facilities for Infrastructure Development in Nusantara Capital City
Authors: Haira Haibati , Faradz Haedah , Sanyoto Sanyoto
Published: July 2023

The relocation of the central government and the state capital to Nusantara Capital City is accompanied by infrastructure development in East Kalimantan, known as the world’s lungs because of its vast forest reserves, which have been designed as a national strategic priority project. This study examined and answered problems related to the identification of the use of forest areas for infrastructure development in Nusantara Capital and its forest realizing mechanism and the investment facility provided by the Indonesian government to boost the investment climate in Nusantara Capital. The research method used is a normative juridical approach. The main findings are the release mechanism for the convertible production forest carried out by Nusantara Capital City Authority for infrastructure development in Nusantara Capital City and the investment facility for its infrastructure development, including but not limited to granting fiscal and non-fiscal incentives.Keywords: forest area release; convertible production forest; state capital; infrastructure development; investment.
Expectations and Reality of International Dispute Resolution
Authors: Islami Muhammad Nur
Published: July 2023

If we look at the provisions contained in the United Nations (especially in its preamble), it will appear that the purpose of the establishment of the United Nations is international peace and security because the United Nations was indeed formed with the background of World War I and II. In contrast, if we pay attention to the provisions of the International Humanitarian Law, the war cannot be prevented. Instead, efforts are made to humanize war. Based on the research, it turns out that the United Nations is not a neutral organization. The United Nations is a political organization run by superpowers, especially The Big Five (United States, Soviet Union, England, France and China). These five countries have veto rights and other advantages so that in international dispute resolution, it often affects the final decisions. Some decisions from ad Hoc Courts, for example, are influenced by these big countries, such as the case of Saddam Hussein. Likewise, the US policy towards cases between Israel and Palestine and terrorism is also evident. Accordingly, this normative research with a case study approach was conducted by taking samples from popular cases in international political issues. The combination of analysis from international provisions with the facts should push the analysis to be more objective.Keywords: International dispute resolution, United Nations
Considering Gowok Cultural Traditions as Prostitution is a Logical Fallacy
Authors: Fadilah Achmad
Published: July 2023

Gowok is a cultural tradition that ever existed in Banyumas. This tradition aims to provide understanding, education, and training for a boy who is about to become a teenager or is about to enter the stage of marriage, by a woman who will act as his partner, so that when the boy gets married he can provide physical and spiritual support for his wife. The lack of information about the Gowok cultural tradition makes the construction of the social reality of the community towards the tradition to be bad and negative. Some even think that the Gowok cultural tradition is hidden prostitution. This assumption needs to be straightened out again because it is not entirely true. There are several significant differences between the Gowok cultural tradition and prostitution. This study uses historical research methods with qualitative analysis which is based on literary literacy research and Sin Po newspaper documents in 1941. This study shows that the Gowok cultural tradition experiences misperceptions that continue to mean decadence and ultimately lead to a logical fallacy.Keyword: Gowok, Ronggeng Dukuh Paruk, local wisdom, prostitution, logical fallacy
Quadruple in Development Sharia Economics in Indonesia
Authors: Hapsari Sulvia Triana , Madjid Abdul , Aprilianda Nurini
Published: July 2023

Quadruple helix is a quality of legal audit system in various aspects that provides effectiveness and efficiency in the application of law in society. Business (tijarah) is one of the main components in the Islamic economics. Therefore, Islam recommends its adherents to engage in this field professionally (itqan), so that they can benefit themselves, their families and Muslims in general. The formulation of the problem is what is the role of the quadruple helix in Islamic economics in Indonesia? The research method used is normative juridical. This type of legal research is carried out by examining secondary data in the field of law as library data using deductive thinking methods.   The approach used in addressing the problem is to use the statutory approach (statue approach). The conclusion is that with the quadruple helix the application of regulations related to Islamic economics can achieve legal goals in Indonesia.Keywords: sharia economics; quality of legal audit; effectiveness and efficiency.
Impact of Industry Digitalization on Recruitment of Employment Opportunities
Authors: Idayanti Soesi , Siswanto Siswanto
Published: July 2023

Industrial digitization will change the character of future jobs. The digital era makes all things easier to carry out. All things that easier to carry out include something that relate to production process, service process, and others process. However, the digital era also has a negative or disruptive effect on the economy, especially in terms of employment, both opportunities and labor needs.This study aims to find out the current labor regulations related to industrial digitization, and to find out what impacts of industrial digitization on employment opportunities. The results of this study indicate that regulations regarding employment related to industrial digitization have been regulated in Law Number 13 of 2003 concerning Manpower and the Law on Job Creation.The digitization of industry and the way new digital technologies are reconfiguring the way goods and services are produced. Likewise with various job opportunities, because industrial digitalization has also changed many types of jobs.Keywords:Industrial Digitization, Industrial Revolution, Manpower.
Examining the Legal Impact of Presidential Threshold Implementation in the 2024 Presidential Election
Authors: Sugiharto Imawan , Pratama Erwin Aditya
Published: July 2023

Presidential threshold is the threshold of vote acquisition that must be obtained by political parties in an election to be able to nominate a presidential candidate. General elections for president and vice president are submitted by political parties or a combination of political parties that have at least 20% of the seats in the DPR or 25% of the national valid votes in legislative elections. The type of research used is library research. The approach used is a normative approach. The data collection technique is through literature study. And analyzed by qualitative data analysis method. The presidential threshold setting as determined by the Constitutional Court through decision Number 53/PUU-XV/2017 states Article 222 of Law Number 7 of 2017 concerning Elections which regulates the Presidential threshold requirements have an impact on political parties, due to restrictions on the constitutional rights of political parties that has a small number of seats in the DPR. Then the high threshold number will cause only political parties to nominate their president and vice president so that the implementation of the Presidential threshold is more likely to benefit the authorities and harm the people and negate the people's right to be able to choose alternative figures in the 2024 Presidential Election.Keywords: Presidential Threshold, Presidential Election, 2024 Presidential Election, President.
Positioning The Civil Servant in Public Position As Public Service Implementer Based on The Level of Profesionalism Measurement
Authors: Utama Cholidah , Febrian Febrian , Ridwan Ridwan , Rumesten Iza
Published: July 2023

The Civil Servants who will occupy positions must be placed with clearer positions and roles. A Civil Servant in placing a position can do his job efficiently and effectively if he knows his position is in accordance with his competence, but there are still several things that cause a Civil Servant to be unprofessional, namely the incompatibility (fitness) between the abilities possessed and the needs of the particular task. in the placement of positions, which has an impact on the low quality of public services. This research formulates the problems: 1). What are the indicators of the principle of professionalism for Civil Servants as implementers of Public Services? ; How does the system place Civil Servants in positions as executor of professional public services? This research is a type of normative legal research, namely legal research by conducting research using library research. The approach used in this research is the Statute Approach, Analytical Approach, Interpretive Approach, Comparative Approach, Legal Philosophical Approach, Legal History Approach, Case Approach Approach), and Legal Political Approach. The technique of processing research materials is carried out by taking an inventory and systematization of the existing laws and regulations. After doing library research, then processing the legal materials that have been obtained by systematizing the written legal materials. Legal materials that have been collected and processed are then analyzed using qualitative and quantitative analysis methods, and using interpretive methods. Conclusions in normative legal research emphasize deductive techniques. Conclusions are drawn in a deductive way. Drawing conclusions starting with deductive techniques through the application of legal theories and concepts in analyzing legal materials. 1). The measurement standards that must be met in determining the level of professionalism of Civil Servants as implementing public services consist of several indicators, namely qualification dimension indicators, competency dimension indicators, performance dimension indicators, and discipline dimension indicators. 2). The system places Civil Servants in public positions as executor of public services. There are three important points that must be in the placement system, First, the system or method of determining identity and determining completely the tasks and requirements in certain positions based on job analysis. Second, position placement based on merit system (skills/skills). Third, conduct education and training (training) to improve the performance of civil servants in public positions.Keywords: Civil Servants, Merit System, Public Service, Professionalism.
Crowdfunding Practices and the Comparison to Fundraising and the Dispute Resolution
Authors: Martedjo Wagiman , Izzulhaq Muhammad Luthfi Reza
Published: July 2023

The practice of ‘crowdfunding’ and ‘fundraising’ by the community sometimes leads to abuse. Judging from the parties, namely the ‘Fundraising Platform’ and ‘Promotion’ and’ Donors’. This article answers three things: first, what if the donor wants to know the use/distribution of the funds? second, what if there is a dispute and its resolution? and third, what actions Donors can take to obtain information from the Promotion? The normative juridical method is used with two flatform models to be compared and analyzed. Using the comparative method in several countries, the transparency and accountability of the information provided is also recorded. Finally, an investigation is carried out if there is a dispute between the Donor and the Beneficiary/Collector, and how the dispute is resolved. Conclusion: First, the implementation of crowdfunding varies, some are specifically regulated but in general they are regulated in a scattered manner. The latter applies in Indonesia. Second, the right of the donor to know information regarding the transparency of its distribution as long as it does not involve confidential information. Donors can request information not from online crowdfunding/online fundraising but from the Campaigner. Third, dispute resolution between the Donor and the Campaigner can be carried out in the realm of information disputes with two stages of dispute resolution, namely: the litigation stage through Mediation and Adjudication and the litigation stage, through the District Court or State Administrative Court.Keywords: Crowdfunding; Fundraising; Dispute; Non-Litigation; Litigation
Filing a Lawsuit for Damages in Enforcing the Civil Aspects of Business Competition
Authors: Sanusi Sanusi , Rakhmatullah Bha’iq Roza
Published: July 2023

In the life of society, the law has a main objective, which is to regulate the life of society and the state in all its activities. Various community activities include social, political, and cultural activities. It is hoped that the activities carried out by the community, especially in trade, will not exceed the limits of the provisions implied in Law Number 5 of 1999 concerning the Prohibition of Monopolistic Practices and Unfair Business Competition. The purpose of this study is to analyze the business competition system in Indonesia against a business actor who is disadvantaged as a result of unfair business competition practices, whether he can file a claim for rights or a lawsuit in the form of payment of compensation through civil law enforcement procedures without first reporting in writing the occurrence of the practice to Commission for the Supervision of Business Competition (KPPU). This type of research uses library materials as secondary data and laws and regulations as a system of norms that must be obeyed and by usingan approach philosophical. Business actors who have been harmed based on Article 1365 of the Civil Code as the basis for the right to tort or Article 1239 of the Civil Code as the basis for the right to default can file a lawsuit directly to the District Court without first reporting in writing to the Business Competition Supervisory Commission (KPPU). KPPU as an institution responsible for implementing business competition law enforcement is a complementary state institution (state auxiliary organ) regardless of government influence. In practice, KPPU is an institutionas if judicial because the KPPU has the same authority as the judiciary, one of which is the authority to issue decisions and decisions.Keywords: Lawsuits, Compensation, Unfair Business Competition
Taking Over Consumptive Loans Without Collateral: (Research Study on Bank Syariah Mandiri Lhokseumawe)
Authors: Faisal Faisal , Maulana Riki , Sulaiman Sulaiman , Kunarti Siti
Published: July 2023

The title of this research is taking over consumptive loans without collateral; (research study on Bank Syariah Mandiri Lhokseumawe). The approach method used is a qualitative descriptive approach. The results of the study, the implementation of the takeover of Multipurpose Micro credit of Bank Mandiri to Multipurpose financing of Bank Syariah Mandiri (BSM) by using a murabahah financing contract carried out by BSM Lhokseumawe Branch did not meet the pillars and contract requirements stipulated in the Sharia Economic Law Compilation. In the credit conversion process, it prioritizes the benefit aspect, namely leaving the disadvantages of the interest-based banking system towards the benefit of financing in Islamic banks in accordance with sharia principles. Expecting the importance of fulfilling sharia principles in the process of taking over credit without collateral from conventional banking into sharia banking products, the DSN-MUI needs to issue a fatwa to regulate the conversion of credit without collateral from conventional banking into sharia banking products.Keywords: consumer credit; financing; Islamic law, murabahah; sharia financial institution qanun.
Maladministration In Land Acquisition Of Public Interest (Case Study: Solo-Yogyakarta Highway Project)
Authors: Sudjito Sudjito
Published: July 2023

This study aims to analyze the maladministration of land acquisition for the public interest (Case study: Solo-Yogyakarta Toll Road). This type of research is juridical-normative. The nature of the research: descriptive-qualitative, meaning that it provides an overview of the problem/object being studied. The data studied were limited to secondary data. Sources of data: documents, archives, previous research results, and other validated sources. Data analysis was carried out through the following stages: data reduction, data display, data processing, and data meaning. Conclusions are drawn inductively. The results of the study show: (1). It is true that there has been maladministration in land acquisition. The committee has carried out deceitful practice, namely the practice of lying or being dishonest to the public regarding the contents of the regulation, as well as the assessment of compensation; (2). In the practice of providing compensation for non-physical components, it is not discussed, and is not taken into account, so that the amount of compensation is low; (3). The former holders of land rights feel very disadvantaged because non-physical compensation which includes: moving costs, solatium, PPAT fees, BPHTB fees, and waiting interest expenses, are not taken into account. In fact, these costs are the rights of the people affected by the land acquisition. In order to buy replacement land or move, they had to pay for it themselves.Keywords: Maladministration, compensation, land acquisition
Harmonizing Regional Spatial Arrangements As Effort To Improve Law Number 11 Of 2020 On Job Creation To Optimize Regional Development
Authors: Widodo Agus Tri , Riwanto Agus
Published: July 2023

After the Constitutional Court Decision Number 91/PUU-XVIII/2020 which mandates amendments to Law Number 11 of 2020 on Job Creation, it has consequences for the government to make improvements to the said law within a period of two years from the issuance of the decree. In Law Number 11 of 2020 on Job Creation, there are inconsistencies in the regulation of the form of legal products used for stipulation, norms for detailed spatial planning as a licensing instrument, and the existence of formal aspects that were ruled out at the time of its formation, causing polemics in the community. This article discusses how to implement spatial planning arrangements in the regions and how ideal harmonization spatial planning arrangements in order to optimize regional development. The research method to answer these problems is normative legal research that uses primary legal materials and secondary legal materials complemented by field research. The results of the study show that first, the spatial planning arrangements contained in Law Number 11 of 2020 concerning Job Creation cannot be implemented optimally, especially in terms of fostering and supervising the use of regional space. Second, it is necessary to improve the substance of the material as a material aspect in the form of setting detailed spatial plans with the suitability of space utilization activities and the stipulation of regional regulations by the central government. and improvement of formal aspects to minimize polemics in the community. Spatial planning is the main guideline in regional development.Keywords: Harmonization, Spatial Planning, and Regional Development
Legal Aspect Of Taxation: Prioritizing the Regularend Function of the Budgeter for National Economic Resilience
Authors: Syahyu Yulianto
Published: July 2023

The Job Creation Law which has been approved and ratified becomes Law Number 11 of 2020, cannot be separated from the taxation cluster. As it is known that taxes have a budgetary function as state revenue and regulating function as a reflection of the country's economic policy. This study aims to examine the priority of the regularend function of taxes in the taxation cluster in Law Number 11 of 2020 concerning Job Creation. The results of the study indicate that the regularend function of taxes accommodated in the Job Creation Law and Perppu Number  1 year 2020 Jo. Law Number 2 of 2020 as well as Law Number 7 of 2021 concerning Tax Harmonization can work in several ways, namely: in the context of funding investment in Indonesia, tax incentives on dividends from within the country are intended to reduce the tax burden that must be borne by taxpayers, differences in interpretation in determining the status of tax subjects affect the country or jurisdiction that has the right to impose, relaxation of provisions for crediting Input Tax, which is deemed unfair for business actors, Arrangements on the amount of administrative sanctions of interest and interest compensation which are applied by taking into account market interest rates; and Taxation of digital transactions carried out by foreign sellers or marketplaces.
Characteristics of Cryptoasset-Related Crimes and Convergence-Based Law Enforcement Policies
Authors: Setiawan Peter Jeremiah , Jennifer Jennifer
Published: July 2023

Crimes related to cryptoassets that develop in a complex manner give rise to distinctive characteristics and require a convergence-based countermeasure that is not only responsive but also anticipatory and futuristic. This article is examined from normative juridical research with a case and conceptual approach and aims to study the characteristics of crimes related to cryptoassets and how to formulate convergence-based law enforcement policies in Indonesia. This crime has the characteristics of convergence between financial crimes and cybercrime, occurs in cyberspace and is carried out by actors who are described not only from cryptoasset transaction actors, but also third parties who provide services related to cryptoasset transactions. Law enforcement policies in tackling these crimes must have a convergence load with various technological innovations, including data storage and crime investigation using a blockchain system, including verification of cryptoassets using a chain of custody architecture and confiscation and confiscation of cryptoassets related to crime. The formation of convergence-based criminal policies cannot be separated from awareness and continuous efforts to develop the quality of human resources in digital literacy. This quality is not only described in the mastery of technology alone but also in ethical behavior. This digital ethics-based legal culture should not only be aimed at the general public as a norm target (norm address), but also for law enforcement officers (rechtshandhaving).
Implementing Bugis-Makassar Local Wisdom Within The Prosecutor's Office In Parepare City, South Sulawesi
Authors: Pradana Syafa'at Anugrah , Pikahulan Rustam Magun , Alvian Muhammad Andri
Published: July 2023

Public service is essentially part of the government's role in serving and fulfilling the interests of society. However, in practice, the implementation of public services has not been able to meet public expectations or public service standards stipulated in Law No. 25 of 2009, especially the implementation of public services by the Prosecutor's Office. The method used is socio-legal using a sample, namely the Prosecutor's Office in South Sulawesi. The problems that are present in three fundamental aspects that determine the quality of public services in the Prosecutor's Office starting from the pattern of public service delivery, the quality of human resources, and institutions indicate the need for improvements to excellent public services to realize good governance in Indonesia. Therefore, the conclusion that can be drawn is the implementation of the principles of sipakatau, sipakainge, and sipakalebbi in public services in the Prosecutor's Office is a solution to excellent public services.
Factors that Influence the Resilience of Muhammadiyah Member's Families during the COVID-19 Pandemic in Surabaya, Indonesia
Authors: Mundakir Mundakir , Choliq Idham , Nasrullah Dede , Syarifurrahman Islam , Firman Firman , Fitriani Vika Ramadhana
Published: July 2023

COVID-19 has created uncertainty, and its impacts will undoubtedly be severe, long-lasting, and challenging from socioeconomic and psychological perspectives, particularly for families worldwide. This research identified the resilience level of Muhammadiyah members' families in Surabaya during the COVID-19 pandemic and explained the factors related to their family resilience. This research used a cross-sectional method. The samples were 289 respondents, with the inclusion criteria of either the husband or wife being a Muhammadiyah member in Surabaya.  The sampling technique used stratified multistage random sampling. The research location was divided intofive5 regions: Central Surabaya, North Surabaya, West Surabaya, South Surabaya, and East Surabaya. Descriptive analysis and Chi-Square statistical test were used. The results of this study indicate that the family resilience of Muhammadiyah members obtained a high score during the pandemic. The factor that influenced family resilience was the location of residence, which obtained a p-value of 0.00, which is less than 0.05. Meanwhile, gender, location of residence, age, occupation, income, and education did not affect the level of family resilience. Further research is needed to develop a family resilience intervention model to improve family resilience.
The Effectiveness of Katuk Leaf Extract (Sauropus Androgynus) on Breastmilk Production
Authors: Darmawati Darmawati , Kamil Hajjul , Rosmawati Rosmawati , Rizkia Mira , Fajri Nova
Published: July 2023

Breast Milk (ASI) is a source of nutrients that are loaded with various bioactive factors. Its unique composition, breast milk is needed to prepare for optimal growth and development for babies. Plants on the leaves of katuk (Auropus Androgynus) are traditionally used by Indonesian people to increase breast milk production. The content of the katuk leaves contains almost 7% protein and up to 19% crude fiber. These leaves are rich in vitamin K and pro-vitamin A (beta-carotene), B, and C. The minerals they contain are calcium. The purpose of this study was to identify the potential of katuk leaf extract on breast milk production in experimental animals (rabbits). Katuk leaves were obtained from Aceh Besar District (Samahani, Indrapuri and Seulimun Village). They carried out the phytochemical process in the Department of Chemistry’s laboratory, FMIPA USK and the extraction process in the pharmacology laboratory of the Faculty of Veterinary Medicine, USK. The experimental animal samples, which were rabbits that had just given birth, were divided into three groups, which were 6 rabbits in the control group, 6 rabbits in the 15 mg dose group and 6 rabbits in the 30 mg dose group. An evaluation was carried out by measuring the breastmilk of rabbits on days 1, 7 and 14. The results of the study using the Generalized Linear Model test (Post Hoc Bonferroni Repeated ANOVA) showed a p-value of .001 for the three groups. It can be concluded that there was a difference in the amount of breast milk between groups in all measurements with the difference value (CI 95%) on the 1st day 0.04 (0.002-0.084), the 7th day 0.05 (0.020-0.090), and the 14th day 0.12 (0.065-0.175). Recommendations from this study are that further research can be carried out regarding the potential of katuk leaf extract to the clinical trial stage so that it is suitable for use in humans, especially postpartum women to increase breast milk productivity.
Mindfulness, Spirituality, and Quality of Life among Cancer Survivors Undergoing Chemotherapy: Three-Month Observa-Tional Studies in Indonesia
Authors: Mulyono Wastu Adi , Chen Hsing-Mei
Published: July 2023

Cancer survivors’ population has continued to increase. However, survivorship remains challenging for most. Further development of new strategies to combat stress during survivorship was in demand. While religious-spiritual aspects were available as potential resources. A prospective study contributed 274 cancer survivors was conducted. Instruments included the Freiberg Mindfulness Inventory, Functional Assessment of Chronic Illness Therapy - Spiritual Well-Being, Perceived Stress Scale, and the Brief World Health Organization Quality of Life. Three-time points data were set, baseline, one month, and three months. Data were analyzed using repeated-measures ANOVA. The results showed that the mean age of the 274 cancer survivors was 48.97 (11.85) years old with a survivorship period of 1.35 years. Series data obtained from three points measurements each variable were mindfulness 34.15, 33.12, and 40.41; spirituality 33.40, 30.87, and 32.56, stress 20.31, 21.56, and 19.48, and quality-of-life 61.49, 55.71, 63.84, respectively. In conclusion, cancer survivors experienced fluctuating levels of mindfulness and spirituality, stress, and quality of life for three months of observations. However, the natural improvement of mindfulness, spirituality, stress, and quality of life improved in month three.
The correlation between blended learning motivation with knowledge and learning satisfaction among nursing students
Authors: Ram Fini Alfiani Cantigi , Suparti Sri , Raani Kala
Published: July 2023

Background: Blended learning is a new system that combines face-to-face and online learning. This new system in the Muhammadiyah Purwokerto University (UMP) requires evaluations from the students’ feedback. Students' motivation was the influential factor on both accomplishments and presences in online learning. Students’ motivation, satisfaction, and knowledge of blended learning were the components for the effectiveness of the course.Objective: The study aims to describe the level of motivation, knowledge, and learning satisfaction, and also to observe the correlation of motivation on blended learning with knowledge and learning satisfaction.Methods: This quantitative research used a cross-sectional approach. Data collection techniques used were questionnaires in the google form. The researcher made the questionnaire and has been tested for validity on 30 respondents with r-value of >0.3 (Pearson product-moment). Cronbach alpha for the reliability was ranged from 0.750 to 0.828, so it is valid and reliable to use. The sample was 254 nursing students from the 3rd, 5th, and 7th semesters selected by quota sampling. Data were analyzed by Pearson product-moment correlation.Results: The results showed that students obtained moderate motivation (71.3%), knowledge (81.5%), and satisfaction (70.5%). There was a significant correlation between motivation with knowledge (r=0.650, p<0.01) and learning satisfaction (r=0.636, p<0.01) on blended learning.Conclusion: The blended learning method can be used as a teaching and learning method for future nursing education, followed by evaluation. Furthermore, the lecturer should consider the students’ characteristics and expectations toward blended learning.