UNJA Journal of Legal Studies

Perlindungan Pengupahan Pekerja Lembaga Bimbingan Belajar Bright-A saat Pandemi Covid-19

Furqon albadri Baharudin — 2024-07-06

Abstract: This study aims to find out the implementation of wage regulations, analyze the implementation constraints that were carried out by Bright-A in the aspect of labor remuneration during the Covid-19 Pandemic. Research methods that analyze and study the operation of law in society. Techniques for collecting legal material through study/document data as well as results from interviews in the field. The results of the research that the researchers obtained were that the policy of laying off workers during the Covid-19 pandemic was rife with employers. This caused business actors to have difficulty in providing workers' rights. Meanwhile, Decree of the Minister of Manpower Number 104 of 2021 concerning Guidelines for the Implementation of Labor Relations during the Covid-19 pandemic regulates negotiations between business actors before laying off workers. Law No. 13 of 2003 concerning employment, At the Bright-A tutoring institute, when workers are laid off, the institution does not pay 100% wages to workers because there is no work or working time, but provides assistance in the form of cash during the Covid-19 pandemic. faced is the lack of interest of students to do online learning so that the problem of workers who are laid off cannot be overcome.

Keywords: Wages, workers, laid off

Pemaafan Dalam Tindak Pidana Penodaan Agama Dalam Perspektif Politik Hukum Pidana Indonesia

M Teguh Aprilianto — 2024-07-06

The purpose of this research is to find out and analyze the regulation of blasphemy crimes according to Indonesian positive law and to know and analyze the concept of forgiveness in blasphemy crimes in the perspective of Indonesian criminal law renewal. The formulation of the problem in this study is: 1) how is the regulation of the crime of blasphemy according to Indonesian positive law? and 2) what is the concept of forgiveness in the criminal act of blasphemy in the perspective of reforming Indonesian criminal law? This thesis is written using a normative juridical research type, which includes the study of legal conflicts, legal vacuum, or ambiguity of norms. This thesis uses various approaches, including conceptual approach, statutory approach, case approach. The results of the study show that 1) currently Indonesia has regulations governing the crime of blasphemy, currently it has many weaknesses 2) With various problems and the lack of justice in the settlement of criminal acts of blasphemy in the future, an updated criminal law policy is needed that can become a legal umbrella for the settlement of criminal acts of defamation as an ius constituendum

Dasar Pertimbangan Hakim Dalam Penjatuhan Pidana Terhadap Pelaku Tindak Pidana Pasal 317 KUHP

sonia sonia — 2024-07-06

The purpose of this study is to determine and analyze the basis for the judge's consideration in imposing a sentence on the perpetrator of the crime in Article 317 Paragraph 1 of the Criminal Code in Court Decision Number 194/Pid.B/2020/PN Spg and Decision Number 606/Pid.B/2021/PN Jmb. With this objective, the problem discussed is whether the basis for the judge's consideration in imposing a sentence on the perpetrator who committed the crime of Article 317 Paragraph 1 of the Criminal Code in Court Decision Number 194/Pid.B/2020/PN Spg and Decision Number 606/Pid.B/2021/PN Jmb? The juridical normative approach (Statue Approach), the case law approach, and the conceptual approach were used to formulate the problem. This is a concern as irrelevant disparities are feared to occur when the judge decides on a low amount of punishment without clear considerations. Meanwhile, Decision Number 606/Pid.B/2021/PN Jmb was sentenced to 2 (two) years and 4 (four months) for violating Article 317 Paragraph 1 of the Criminal Code. However, the decision of the Panel of Judges considered that the criminal act of slander committed by the defendant did not comply with the elements of Article 317 Paragraph 1 of the Criminal Code.

Pembinaan Narapidana Perempuan Di Lembaga Pemasyarakatan Kelas II Jambi

R. Ardiansyah — 2024-07-06

This study aims to find out and analyze the guidance of convicts who violate the rules of procedure in the Jambi Class II B Women's Penitentiary and the obstacles encountered in coaching convicts who violate the rules and regulations in the Jambi Class II B Women's Correctional Institution. The formulation of the problem in this study is: (1) How is the coaching for convicts who violate the rules of conduct in the Jambi Class II B Women's Penitentiary? (2) What are the obstacles encountered in coaching convicts who violate the rules and regulations in the Jambi Class II B Women's Penitentiary? This research uses the type of thesis writing using empirical juridical methods to find out the gap between Das sollen (reality) and Das sein (reality) that occurs in Class II B Women's Penitentiary in Jambi. The data used are primary data obtained directly from field research objects, and secondary data obtained from literature studies. From the results of this study, it can be concluded that the implementation system for fostering female convicts in Class II B Jambi Women's Penitentiary has been very effective. The guidance provided is personality development which includes fostering religious awareness, fostering national and state awareness, developing (intellectual) abilities, and fostering legal awareness. The obstacle found when fostering inmates in correctional institutions that violate the rules and regulations is that most of the officers of the Class II B Jambi Women's Penitentiary are not supported by the skills to provide teaching with a humanistic approach that touches the emotions of inmates and is able to be creative in coaching. The development of Jambi women prisoners is inseparable from the situation of human resources and human resources are generally insufficient. In addition, the ability to enrich the knowledge of Class II B Jambi Women's Prison officers through training is still lacking. other obstacles such as the lack of facilities for health workers and medical personnel.

Keyword : Guidance, Prisoner, Women, Women's Penitentiary Class II B Jambi

Analisis Putusan Nomor 265/Pid.Sus/2022/PN.Jmb Tindak Pidana Tanpa Hak Menggunakan Gelar Akademik, Vokasi, dan Profesi

Fadila Herviana Dila — 2024-07-06

The purpose of this research is to find out the basis for judges' considerations of criminal offenders who use academic degrees, vocational degrees, and professional degrees without rights. the formulation of the problem is: What is the basis for the judge's considerations in imposing a sentence on decision Number 265/Pid.Sus/2022/PN.Jmb. This type of research is normative juridical research, and the approaches used are statutory approaches, conceptual approaches, and case approaches. The analysis and legal materials used in this study were carried out by inventorying, interpreting and assessing relevant legal materials. Conclusion: Based on the results of the research conducted, the arrangement for perpetrators who use academic degrees, vocational degrees and professional degrees without rights is contained in Article 93 jo. Article 28 paragraph (7) of Law Number 12 of 2012 Concerning Higher Education, it can be seen that in the case of the judge's decision Number 265/Pid.Sus/2022/Pn.Jmb that the defendant who has been indicted by the public prosecutor with a single charge, violating Article 93 jo. Article 28 paragraph (7) law number 12 of 2012 concerning higher education, the elements of the article have been fulfilled.

The Mekanisme Retribusi Parkir Di Pantai Carocok Painan Berdasarkan Perda No. 2 Tahun 2018

ALDAM MARIS ALDAM MARIS — 2024-07-06

This research is research on the enactment of a rule of law in society. The formulation of the problem posed is how the mechanism for parking fees in the Carocok Painan Beach Tourism Area is based on Regional Regulation no. 2 of 2018 concerning Amendments to Regional Regulation No. 2 of 2021 concerning Business Services Retribution, and what is the role of supervision by the South Coastal Transportation Service regarding parking management in the Carocok Painan Beach Tourism Area. This research was conducted using empirical juridical research methods. The population is government officials who are authorized to manage the parking fee mechanism at Carocok Painan Beach. The sample is the Department of Transportation and the Office of Tourism, Youth and Sports of the South Coast. The data collection technique was carried out by interviewing the parking retribution manager in the Carocok Painan Beach Tourism Area. The results of the study show that the mechanism for parking fees in the Carocok Painan Beach Tourism Area has been made in such a way but is not optimal in its implementation. The existence of cooperation with Pemuda Nagari which has no clear legal basis makes the impression that the parking system looks like extortion. The collection cooperation system still has many gaps that allow moral hazard to occur.

Pelaksanaan Perlindungan Hukum Terhadap Anak Yang Mengalami Kekerasan Seksual di Polres Tanjung Jabung Barat.

SUBAKTI HARAHAP — 2024-07-06

This article aims to analyze how legal protection is implemented for children who are victims of sexual violence at the West Tanjung Jabung Resort Police. The research method used is Empirical Juridical with primary and secondary data sources. The research results show that the implementation of legal protection for child victims who experience sexual violence by the UPPA (Women and Children Services Unit) at the West Tanjung Jabung Police is not yet fully in accordance with applicable laws and regulations. Suggestion: the community should open their horizons in thinking about accepting child victims. to be accepted as a part of society and also the need to implement comprehensive legal protection for children who are victims is very important. These actions can be realized in the form of educational initiatives aimed at improving reproductive health, as well as efforts to strengthen religious and moral principles as a proactive approach in prevention, then social and psychosocial rehabilitation which needs to be considered after the court decision is issued. This is all done for the sole purpose of - the interests of the victim's children so that they can interact with society as before and eliminate the feeling of trauma that occurred.

per Dasar Pertimbangan Putusan Hakim Diluar Dakwaan Jaksa Penuntut Umum Dalam Tindak Pidana Narkotika

anggun isma — 2024-07-06

This research aims to find out what a judge considers in handing down a decision outside of the indictment of the Public Prosecutor (JPU) and to find out what legal breakthroughs should be made in the future so that the provisions in Article 182 Paragraph 4 of the Criminal Procedure Code can be implemented in accordance with the rules, especially in criminal offenses. narcotics. The research method used is normative research by collecting data and understanding various literature related to research material by focusing on the Jambi District Court Decision Number 128/Pid.Sus/2016/PN Jmb and the Pasir Pangaraian District Court Decision Number 415/Pid.Sus/ 2020/PN Prp regarding narcotics crimes is then linked to positive law. The research results show that judges in handing down decisions have legal considerations based on juridical, physiological and sociological facts. The judge handed down a decision outside of the Public Prosecutor's indictment because there were elements of the articles charged by the Public Prosecutor which the Judge believed were not proven in the trial. Juridically, the judge is not permitted to make a decision outside the indictment, because this action is contrary to Article 182 Paragraph 4 of the Criminal Procedure Code. The legal breakthrough that should be made is by updating Law Number 35 of 2009 concerning Narcotics, especially regarding Article 111 and Article 112 which can also be subject to Article 127 of Law Number 35 of 2009 concerning Narcotics, so that this causes legal uncertainty.

Pertimbangan Hakim Dalam Memutus Penyertaan (Deelneming) Pada Tindak Pidana Pembunuhan Berencana

Adi Pratama Pangaribuan — 2024-07-06

The aim of this research is to examine and analyze the judge's considerations in deciding whether to participate in the crime of premeditated murder. This research is normative research. The approaches used are the statutory approach, case approach and conceptual approach. The judge has considered both juridical considerations and non-juridical considerations. From these considerations, the judge's conclusion was that the defendant was the perpetrator or person who jointly carried out premeditated murder. In the judge's consideration, due to the suitability and connection between the events and the roles of all parties, according to the judge's assessment, all the perpetrators had collaborated by working like a system in which the absence of the role of one of the perpetrators of premeditated murder could not be realized. Therefore, the defendant was sentenced to premeditated murder in the form of participation (medeplegen). Based on the facts of the trial, when the defendant was asked to shoot, his superiors promised to look after the defendant. Promises are one of the methods of mobilization mentioned in the Criminal Code. Therefore, the author believes that the defendant was a material actor with the involvement of driving/suggesting the premeditated murder.

Efektifitas Peraturan Daerah Kota Jambi Nomor 5 Tahun 2020 Tentang Pengelolaan Sampah

Auda Rahmat Firhansyah — 2024-07-06

This research aims to implement Jambi City Regional Regulation Number 5 of 2020 concerning Waste Management in East Jambi District. Formulation of the problem in this research. What is the authority for waste management in Jambi City? And how is waste management monitored in Jambi City? The research I use here is empirical juridical research. Results of research on the implementation of Regional Regulation Number 5 of 2020 concerning Waste Management in East Jambi District. The form of implementation of the above policy objectives is by providing facilities and infrastructure as a means of sorting waste. The targets for providing facilities and infrastructure are spread across several points as follows, in every household and residential area. Obstacles that hinder the implementation of Regional Regulation Number 5 of 2020 concerning Waste Management in East Jambi District. Law enforcement factors, the absence of verbal warnings or warnings to people who throw away waste that does not match the type, facilities and facilities factors that support law enforcement, in the residential area of â€‹â€‹the research location there are still several households that do not have wet and dry trash bins. The provision of trash bins on a residential scale is also not yet available in residential areas of the research location, there must be high public awareness, awareness and understanding from the community is still lacking regarding handling household waste.

Perempuan Sebagai Pelaku Tindak Pidana Kekerasan Seksual Terhadap Anak (Studi Putusan Nomor: 276/Pid.Sus/2023/PN Jmb)

Nely Vitria Herman Putri — 2024-07-06

Sexual violence is an act aimed at attacking someone, usually women/children, where the perpetrator has greater power than the victim because of their gender, age, social class. As time progresses, sexual crimes, especially child victims, aren’t only committed by men, women can also commit such crimes. The purpose of the study is to analyze how accountable women are as perpetrators of criminal acts of sexual violence against children in decision number 276/Pid.Sus/2023/PN Jmb and analyze how prospective criminal law is for criminal acts of sexual violence against children committed by women. This research is normative research through literature analysis with a focus on exploring positive criminal law in Indonesia, and reviewing cases that have permanent legal force. The results obtained for the accountability of women as perpetrators of sexual violence crimes in the case of Decision Number 276/Pid.Sus/2023/PN Jmb, meet the requirements of criminal responsibility, the form of crime imposed on the perpetrators, namely an 11-year prison sentence and a fine of Rp. 1,000,000,000,- with an alternative to 1-year imprisonment if the fine is not implemented. In his judgment, the judge didn’t consider the number of victims caused and the consequences that would have an impact on the child who was victimized. So, the author argues that there is injustice for child victims in Decision Number 276/Pid.Sus/2023/PN Jmb, namely the low criminal verdicts handed down in cases of sexual violence against children.

Perjanjian Kerja Antara Pekerja Kontrak Dengan Pihak Bank Rakyat Indonesia Kantor Cabang Abunjani Sipin Kota Jambi

Andi Ardhya aiswary — 2024-07-06

The workforce greatly influences the progress of the company, the
position of the workforce as development actors has a role in increasing the
welfare and progress of the company so that the company can compete in the
global era. Work agreements made between companies and workers according to
the Labor Law on Employment can be divided into two, namely, Certain Time Work
Agreements (PKWT) or Indefinite Time Work Agreements (PKWTT). In the
implementation of PKWT, there are still many irregularities found, namely that
employers do not want to elevate the status of PKWT workers to permanent
workers. This happens because of the unclear norms in this agreement. The
purpose of this research is to determine and analyze the Specific Time Work
Agreement (PKWT) and the factors that constrain contract worker agreements at
Bank Rakyat Indonesia Abunjani Sipin Branch Office, Jambi City. This type of
research is empirical juridical with a purposive sampling method. Bank Rakyat
Indonesia Abunjani Sipin Branch Office has implemented PKWT in recruiting new
employees. Based on the Manpower Law, the contract work system is only
permitted for supporting work, but in practice there are many irregularities due to
the absence of legal sanctions and weak supervision.

Keadilan Restoratif, Tindak pida Keadilan Restoratif Penyelesaian Tindak Pidana Penganiayaan Berat di Polresta Jambi

hendy setiono — 2024-07-06

The aim of this research is to explain criminal actsnthat often occur in society, namely criminal acts of abouse, whichare resolved n court and outside of court. Settlement using restorative justice must be based on the wishes of both parties, the formulation of the problem in this research is how to resolve criminal acts of serious ill-treatment using restorative justice at the jambi police and what obstacles are faced in implementing restorative justice for criminal acts of serious ill-treatment at the Jambi Police. Empirical juridical research methods conclude the implementation of restorative justice starting from the Reporting, Investigation stage, Investigation, Conducting examinations of witnesses, Victims and perpetrators Making peace statements between victims and perpetrators. The Jambi Police carried out restorative justice efforts for criminal acts of serious ill-treatment referring to the police discretion regulated in Law Number 2 of 2022 concerning the Republic of Indonesia State Police. Crimes of serious ill-treatment which were resolved using restorative justice by Jambi Police investigators did not experience any obstacles in resolving them because they The investigator gave a full decision to the party concerned in accordance with justice, but the Jambi Police investigator gave a leeway in the settlement because he saw the physical and material losses experienced by the victim and the impacts that would arise later.

Pemenuhan Hak Restitusi Terhadap Anak Korban Kekerasan Seksual Oleh Terpidana Mati (Studi Kasus Putusan Nomor 86/Pid.Sus/2022/PT Bdg)

anisa izmi fadillah Anisa Izmi Fadillah — 2024-07-06

The aim of this research is to determine and analyze the fulfillment of the right to restitution for victims of sexual violence by death row inmates and to analyze the basis for the panel of judges' considerations in implementing restitution payments to death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg). The formulation of the problem is 1) How is the right to restitution fulfilled for victims of sexual violence by death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg)? and 2) What is the basis for the panel of judges' consideration in imposing restitution on death row inmates (Case Study Decision Number 86/Pid.Sus/2022/PT Bdg)? The type of research is normative juridical using a statutory approach, a case approach and a conceptual approach. The results of the research show that: 1) Restitution payments are charged to death row prisoners for 12 child victims, which is contrary to Article 67 of the Criminal Code. 2) Consideration from the Panel of Judges at the Appellate Level in Decision Number 86/Pid.Sus/2022/PT Bdg, that imposing restitution payments on the state would set a bad precedent and make perpetrators comfortable not being burdened with paying compensation.

Mekanisme Pengawasan Penggunaan Mobil Dinas di Instansi Pemerintah

Apriliana Eka Putri — 2024-07-06

This research aims to see the differences in supervision of official cars in each province in Indonesia with 3 descriptions of provinces, namely DKI Jakarta, Banten and East Java Provinces which have Governor Regulations as further regulations from the Minister, where their supervision is through the inspectorate, Satpol PP/community, and others. Apart from that, this research is also to look at the procedures for monitoring official cars starting from planning, budgeting, procurement, distribution, use, maintenance, supervision and return. Based on Minister of Home Affairs Regulation No. 19 of 2016 concerning Guidelines for Management of Regional Property Article 482 paragraph (3), property users can request internal supervision to carry out audits of official cars. Basically, supervision is carried out internally and externally, internally it is clearly stated that it is carried out directly by the government, while for external supervision outside of the government's obligations, appropriate mechanisms are still needed, one of which is that the community is the party that needs a platform and mechanism for reporting if there is misuse of official cars in the community. The type of legal research used in this research is normative juridical research. See what monitoring mechanisms the government can consider in monitoring the use of official cars in government agencies.
Keywords: Difference, Supervision, Official Car
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Mediasi Dalam Penyelesaian Sengketa Hak Asuh Anak Setelah Perceraian di Pengadilan Agama Jambi

Novi Fitriani — 2024-07-06

This research aims to determine and analyze the factors inhibiting the resolution of child care cases in the Jambi Religious Courts and what efforts mediators make in mediating child care cases in the Jambi Religious Courts. The problem that will be studied is what are the inhibiting factors in resolving child care cases at the Jambi Religious Court? And what are the efforts made by mediators in mediating child care cases at the Jambi Religious Court? The research method used is empirical juridical. The research location is the Jambi Class 1A Religious Court. The data collected, both primary data and secondary data, were obtained using interview and document study methods. The research results show that there are still many factors that hinder mediation. Inhibiting factors for mediation in the implementation of mediation at the Jambi Class 1 A Religious Court include the absence of the parties, the selfishness of the parties, the lack of good intentions. There are many inhibiting factors that occur in obtaining custody of their child so that this makes it difficult for the mediator to seek peace. The mediator's efforts in conducting mediation are in accordance with PERMA Number 1 of 2016 concerning Mediation Procedures in Court. In practice, the mediator is more about providing understanding to always prioritize child's interests.

Analisis Pasal 24 Ayat 5 Konvensi Hak-Hak Penyandang Disabilitas Terkait Pemenuhan Hak Atas Pendidikan Tinggi Bagi Penyandang Disabilitas

Pasha Almahdi — 2024-07-06

This research tries to analyze how the implementation of Article 24 paragraph 5 of the Convention on the Rights of Persons with Disabilities (CRPD) in Indonesia; the application of state responsibility in fulfilling the right to education for students with disabilities; and the fulfillment of proper accommodation for persons with disabilities in several universities in Indonesia. This research is a juridical-normative research by reviewing literature related to the fulfillment of the rights of persons with disabilities, especially the right to higher education for persons with disabilities to obtain suggestions regarding actions that must be taken in addressing the issues raised. The conclusion of this research is that the regulation of education for persons with disabilities and the implementation of inclusive education in Indonesia has not been in accordance with expectations, this can be seen through the minimal participation data of persons with disabilities and the regulation of accommodation and services for the right to education for students with disabilities described in various laws and regulations has not been implemented by the majority of universities in Indonesia.

Pelaksanaan Pelayanan Kesehatan Di Puskesmas Muara Bulian Kabupaten Batanghari

Reynaldo Bertiano Gultom — 2024-07-06

The aim of this research is to determine and analyze the implementation of health services at the Muara Bulian District Health Center. Batanghari based on the problems above, the writing draws two problem formulations as follows, the first is how to implement the authority of doctors and nurses in health services at the Muara Bulian District Health Center. Batanghari, the second function of the Batanghari Regency Government is in realizing the Health Services and infrastructure owned by the Muara Bulian District Health Center. Batanghari. This writing uses empirical juridical methods, this type of research data applies qualitative data, both primary, secondary and tertiary. The results of this research are that the handover of authority by doctors to nurses cannot be done haphazardly, they must be given delegation and mandate which must still be accompanied by the doctor, situations and conditions that do not really support strengthening the role of nurses in community health centers mean that each nurse must be versatile because in Muara Bulian Health Center has limited doctors to provide quality health services, and must be equipped with facilities in accordance with Minister of Health Regulation Number 43 of 2020 concerning Community Health Centers. In 2021, compliance with health center health facilities according to standards will be 61%.

Perubahan Objek Retribusi Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja

Arif Kurniawan — 2024-07-06

Abstract: The regulation of certain licensing levies has undergone changes, in the PDRD Law these include Building Permit Levy, Alcoholic Drinks Sales Place Permit Levy, Nuisance Permit Levy, Route Permit Levy, and Fishing Business Permit Levy, while in the Job Creation Law through the HKPD Law there has been a change to become an Approval Levy Building Construction, Levy for the Use of Foreign Workers, and Levy for Community Mining Management. This research has an interesting problem formulation to study, namely: First, what is the basis for changes in the object of certain licensing levies after the enactment of Law Number 6 of 2023?; Second, what is the impact of changes in certain licensing levy objects on regional original income? This research is normative research with the legal issue of void norms. The results of this research are as follows: First, the change in the object of retribution is based on the existence of the Job Creation Law and the ineffectiveness of the PDRD Law so that clear regulations are needed for legal certainty by forming the HKPD Law which eliminates permits that have the potential for levies to be withdrawn, changing the permit phrase to be as stated in regulated by the Job Creation Law, and adds new objects that have the potential to increase levy income and influence social change with the use of digital technology. Second, the impact of changes in levy objects has the potential for a decrease in local original income due to the elimination of several types of levy objects.

Keywords: Changes, Retribution, Certain Permits, Local Original Income

Perlindungan Hukum Terhadap Korban Tindak Pidana Perkosaan Dalam Perspektif Peraturan Perundang-Undangan.

Eri Kusnaningsih — 2024-07-06

This research aims to investigate how criminalizing rape constitutes a form of violence against women, highlighting their vulnerable position, particularly when it comes to male sexual interests. The author employs the normative legal research method in this study, utilizing both the case and legislation approaches. The study yields insights into the legal arrangements for victims of rape crimes in Indonesia, including the type of legal protection provided. Article 285 of the Indonesian Criminal Code (KUHP) explicitly prohibits the act of rape. However, the code's focus is only on punishing the perpetrators and regulating the rights of the suspects and defendants. Similarly, the Criminal Procedure Code regulates the protection of victims, but in Indonesia's judicial practice, it has not fully guaranteed legal protection for women. Ensuring the protection and attention of women who are victims of rape is of utmost importance in criminal law policy and social policy. All branches of the government - executive, legislative, and judicial - along with other social institutions must take necessary steps in this regard.