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Showing 68 articles found for "Concerning"

Legal Protection for Teachers Against Threats of Physical Violence from Parents at School

Tatik Ernawati, M. Syahrul Borman, Dedi Wardana Nasoetion, Vallencia Nandya Paramitha, Hartoyo Hartoyo
Abstract: The teaching profession plays a strategic role in advancing national education, as mandated by the 1945 Constitution of the Republic of Indonesia. However, teachers frequently face challenges, including threats of physical… al violence from students’ parents, which undermine their dignity and safety in the educational environment. This study addresses the problem of how legal frameworks provide protection for teachers and whether existing regulations adequately ensure their rights and security. The research aims to analyze the effectiveness of legal protection for teachers under the Criminal Code, Law No. 14 of 2005 on Teachers and Lecturers, Law No. 35 of 2014 on Child Protection, and Ministerial Regulations concerning teacher protection. The study employs a normative juridical method with a statute, conceptual, and case approach, relying on primary, secondary, and tertiary legal materials, analyzed through qualitative interpretation and juridical argumentation. The results indicate that although legal instruments exist, their implementation remains weak due to the absence of technical regulations, limited institutional coordination, and insufficient support systems for teachers at the school level. The study concludes that derivative regulations and integrated mechanisms are essential for ensuring effective protection. It recommends strengthening inter-agency coordination, establishing school-level protection units, and enhancing teachers’ legal literacy.

Legal Protection For Consumers In Digital Transactions: Case Study And Analysis

Sri Anggraini Kusuma Dewi
Abstract: This study aims to analyze the effectiveness of legal protection for consumers in digital transactions in Indonesia. The method used is library research with a normative juridical approach. The results of the study indicate… ate that Indonesia actually has an adequate legal basis to protect digital consumers, which is primarily sourced from Law Number 8 of 1999 concerning Consumer Protection and Law Number 19 of 2016 concerning Information and Electronic Transactions. These regulations have set out basic principles such as the obligation of business actors to provide honest information, consumer rights to security, and the recognition of electronic evidence. However, its implementation in the field encounters various significant obstacles. Case studies on e-commerce and fintech platforms reveal that consumer losses still often occur, such as products that do not match the description, difficulties with refunds, and the vulnerability of personal data. The key finding of this study is that the main challenge lies not in the legal vacuum, but in three aspects: (1) low digital literacy and consumer law so that they are not optimal in fighting for their rights; (2) alternative dispute resolution mechanisms such as BPSK and ODR (Online Dispute Resolution) which are not yet effective, fast, and easily accessible; and (3) weak supervision and law enforcement against unscrupulous business actors in the digital space. Therefore, it is concluded that digital consumer protection efforts require a holistic approach that relies not only on regulations, but also through massive public education, strengthening dispute resolution institutions, and closer synergy between the government, business actors, and the community.

Legal Safeguards for Justice Collaborators in Murder Cases: The Richard Eliezer Verdict Analysis

Charles Ardani, Sri Astutik, Vieta Imelda Cornelis, Siti Marwiyah, Bachrul Amiq
Abstract: Justice collaborators, or "crown witnesses," have become essential in modern criminal justice systems, particularly in dismantling organized crime and uncovering complex murder cases. This study explores the legal protections… tions afforded to justice collaborators in Indonesia through a doctrinal analysis of the Supreme Court Decision No. 1704 K/PID.SUS/2022, commonly known as the Richard Eliezer verdict. The objective is to critically examine the adequacy and application of legal safeguards provided to individuals who cooperate with law enforcement while implicated in serious crimes. Employing normative legal research methods and a statutory and case approach, the paper reveals discrepancies in the implementation of protections for justice collaborators. While the Indonesian Witness and Victim Protection Agency (LPSK) offers procedural protections, this analysis identifies significant gaps in enforcement, judicial interpretation, and institutional coordination. The findings underscore a need for stronger legislative frameworks and consistent judicial standards to uphold the rights and safety of justice collaborators. The implications extend to criminal law reform and the balancing of retributive justice with restorative mechanisms. This study contributes to the legal discourse on human rights protections in criminal procedure, particularly concerning vulnerable individuals assisting the justice system under duress or threat.

Fiqh Siyâsah Shar'iyyah Analysis of the Boycott of Pro-Israel Products Based on MUI Fatwa No. 83 of 2023 concerning the Law of Support for the Palestinian Cause

Safdhinar Muhammad An Noor
Abstract: This research article seeks to review and analyze MUI Fatwa No. 83 of 2023 concerning recommendations for calls and calls for boycotts of pro-Israel products based on the views of fiqh siyasah.  The aim is to find out how… ow the fiqh siyasah syar'iyyah views the boycott of pro-Israel products as a form of jihad and defense of the Palestinian state after the issuance of the MUI Fatwa ruling. This research uses a type of library research with a descriptive analysis approach. The results of the study found that in the view of fiqh siyasah boycott of pro-Israel affiliated products is mandatory if the boycott is believed to be harmful and difficult to the infidel Zionist Israel, and does not result in mafsadah for Muslims and a larger state than the mafsadah to be minimized. However, if the boycott actually brings violence and adversely affects Muslims, then the law does not become mandatory. Because in the rule that takes precedence is to anticipate the occurrence of mafsadah rather than realizing benefits. This is an effort to weaken the economy so that it can have a significant impact on stopping the military aggression carried out by Israel. That way, it will be very helpful to open a space for conflict peace between the two warring countries. But in various cases, this boycott must also pay attention and consider the negative impacts it causes, so as not to cause violence for Muslims and the country.

Peran Pajak Bumi Dan Bangunan Perdesaan Dan Perkotaan Dalam Optimalisasi Pendapatan Asli Daerah Di Kabupaten Trenggalek

Hanifa Aqil, Kennes Novisyadhenti, Wahyu Sultan Maulana, Wicaksono, Galih
Abstract: Rural and Urban Land and Building Tax or what can be called PBB-P2 is one of the revenues included in Regional Original Income (PAD). With the existence of Law Number 23 of 2014 which is an amendment to Law Number 32 of… 2004 concerning Regional Government, and Law Number 33 of 2004 concerning Financial Balance between the Central Government and Regional Government which will give authority to the Government Regions to PBB-P2 areas in order to carry out government functions and increase regional income sources. The research method used is descriptive quantitative using several data obtained from research conducted by the Central Statistics Agency from 2017 to 2021. Based on the results of this research, it shows that the level of PBB-P2 effectiveness in Trenggalek Regency is classified as very effective. In contrast to the level of contribution of Rural and Urban Land and Building Tax to PAD, it is actually still not optimal. With this research, it is hoped that Trenggalek Regency can create new strategies and treatments to improve the system for managing Rural and Urban Land and Building Tax revenues in the context of optimizing Original Regional Income in Trenggalek Regency.

LEGAL ACTION AGAINST WITHDRAWALWAKAF PROPERTY IN MEDAN

Abdul Gani, Eko Simamora
Abstract: Withdrawal of Waqf Assets based on Decision No. 22/Pdt.G/2017/MS-MEDAN because the objects which are waqf assets belonging to the Bireueen Islamic Education Society have been misused by the Bireueen Ministry of Religion… in a dysfunctional manner, namely the waqf objects are recorded as Public Property. In order for the irregularity of the waqf assets to be in accordance with the waqf pledge made, the owner of the waqf rights takes over the waqf assets. The validity of Nazir as the owner of the waqf rights in the event of misappropriation of waqf assets based on Resolution no. 22/Pdt.G/2017/MS-MEDAN is reviewed from the provisions of Article 42 of Law Number 41 of 2004 concerning Waqf which explains: "It is the duty of nazhir to manage and dispose of waqf assets for their intended use, according to their function and designation." So that the waqf assets that were originally borrowed by the owner of the waqf rights can be disposed of if there is misuse of waqf assets. The Judge's reason for permitting the takeover of misused waqf assets in Decision no. 22/Pdt.G/2017/MS-MEDAN, based on the findings of the facts by the Judge, is of the opinion that legally there is no legal justification for the Defendant/Applicant to hold objects that are unlawfully and unlawfully owned and managed as YPI Bireuen's claim items.

LEGAL ACTION AGAINST WITHDRAWALWAKAF PROPERTY(Decision Study No. 22/Pdt.G/2017/MS-Aceh)

Jiko
Abstract: Withdrawal of Waqf Assets based on Decision No. 22/Pdt.G/2017/MS-Aceh because the objects which are waqf assets belonging to the Bireueen Islamic Education Society have been misused by the Bireueen Ministry of Religious… Affairs in a dysfunctional manner, namely the waqf objects are recorded as Public Property. In order for the irregularity of the waqf assets to be in accordance with the waqf pledge made, the owner of the waqf rights takes over the waqf assets. The validity of Nazir as the owner of the waqf rights in the event of misappropriation of waqf assets based on Resolution no. 22/Pdt.G/2017/MS-Aceh is reviewed from the provisions of Article 42 of Law Number 41 of 2004 concerning Waqf which explains: "It is the duty of nazhir to manage and dispose of waqf assets for their intended use, according to their function and designation." So that the waqf assets that were originally borrowed by the owner of the waqf rights can be disposed of if there is misuse of waqf assets. The Judge's reason for permitting the takeover of misused waqf assets in Decision no. 22/Pdt.G/2017/MS-Aceh, based on the findings of the facts by the Judge, is of the opinion that legally there is no legal justification for the Defendant/Applicant to hold objects that are unlawfully and unlawfully owned and managed as YPI Bireuen's claim property.

TERMINATION OF EMPLOYMENT DURING THE PROBATION PERIOD IN A FIXED TERM EMPLOYMENT AGREEMENT (PKWT)(Study of Case Decision No. 271/Pdt.Sus-PHI/2018/PN.Mdn)

Amir
Abstract: There is no probationary period in PKWT. Law Number 13 concerning Manpower of 2003 states: The employment contract imposed does not require a probationary period. If a probationary period is required in the employment contract,… ntract, the probationary period does not apply. Certain provisions of the Temporary Employment Contract (PKWT) and the reasons for the probationary period change to a Permanent Employment Contract (PKWTT), so that when they carry out Termination of Employment (PHK) they are entitled to a fixed salary.  

AIRLINE RESPONSIBILITY FOR PASSENGER DEPARTURE CANCELLATIONS DUE TO NOT COMPLETING HEALTH REQUIREMENTS ( RAPID TEST )(Research Study at Kuala Namu Airport)

Budiman
Abstract: Factors that cause airlines to cancel flights include commercial, technical, operational, weather, and airport factors. Airlines are responsible for canceling departures due to health care requirements (accelerated testing):… ng): if a passenger tests positive for antigen, they must undergo a PCR test; if negative, they can continue, and the price of the ticket is returned to fly back at least 3 days later. If the passenger gets a PCR test, they must quarantine for 14 days, rescheduling the ticket according to the passenger's status after quarantine. Or the entire ticket will be refunded. There are no specific provisions for consumer legal protection for departure cancellations due to failure to complete health care (accelerated testing), but compliance is not limited to Law Number 1 of 2009 concerning Aviation is not achieved. However, passengers as consumers have legal protection under the Consumer Protection Law relating to passenger rights as consumers of air transportation services, and the Civil Code relating to the status of passengers as parties to a transportation contract with airlines.

Tinjauan Hukum Administrasi Negara Terhadap Efektivitas Pemungutan Retribusi Sampah Berdasarkan Perda Bangkalan No. 1 Tahun 2024

Fitron, Dimas Fian Wahyu Mahardika
Abstract: AbstrakPenelitian ini bertujuan mengkaji efektivitas pemungutan retribusi pelayanan persampahan di Kabupaten Bangkalan pasca berlakunya Peraturan Daerah Kabupaten Bangkalan Nomor 1 Tahun 2024 tentang Pajak Daerah dan Retribusi… ribusi Daerah. Melalui pendekatan Hukum Administrasi Negara, kajian ini membedah keabsahan wewenang, instrumen yuridis, dan hambatan operasional Dinas Lingkungan Hidup Kabupaten Bangkalan. Analisis dilakukan dengan menerapkan teori kewenangan Philipus M. Hadjon, teori instrumen pemerintahan Ridwan HR, serta teori efektivitas hukum Soerjono Soekanto. Hasil penelitian mengungkapkan bahwa rencana penerapan retribusi sampah bagi dapur Program Makan Bergizi Gratis sebesar dua ratus ribu rupiah per bulan berdasarkan Peraturan Daerah Nomor 3 Tahun 2024 dan Peraturan Bupati Nomor 9 Tahun 2025 belum berjalan efektif. Tingkat kepatuhan wajib retribusi sangat rendah karena hanya sekitar dua puluh pelaksana yang melakukan pembayaran. Penyebab utama meliputi ketidakjelasan skema pelayanan akibat tarif yang tidak mencakup biaya pengangkutan sampah, kelumpuhan infrastruktur di Tempat Pemrosesan Akhir Buluh, dan lemahnya penegakan sanksi administratif oleh aparat pemungut. Situasi ini memicu tindakan kedinasan non-prosedural serta konflik sosial-ekologis dengan masyarakat desa setempat. Guna menyelesaikan permasalahan tersebut, diperlukan klarifikasi skema pelayanan yang mencakup seluruh komponen biaya, rehabilitasi infrastruktur pemrosesan sampah, serta penguatan penegakan sanksi administratif untuk meningkatkan kepatuhan dan efektivitas pemungutan retribusi. Kata Kunci: Hukum Administrasi Negara; Retribusi Sampah; Efektivitas Hukum; Kabupaten Bangkalan. AbstractThis study aims to examine the effectiveness of waste service retribution collection in Bangkalan Regency following the enactment of Bangkalan Regency Regional Regulation Number 1 of 2024 concerning Regional Taxes and Retributions. Using an Administrative Law approach, this research analyzes the legitimacy of authority, juridical instruments, and operational obstacles faced by the Environmental Agency of Bangkalan Regency. The analysis applies Philipus M. Hadjon’s theory of authority, Ridwan HR’s theory of government instruments, and Soerjono Soekanto’s theory of legal effectiveness. The findings reveal that the planned implementation of a waste retribution fee of two hundred thousand rupiah per month for kitchens under the Free Nutritious Meals Program (Program Makan Bergizi Gratis), based on Regional Regulation Number 3 of 2024 and Regent Regulation Number 9 of 2025, has not been effective. The level of compliance among retribution payers remains very low, with only approximately twenty operators making payments. The main causes include unclear service schemes due to tariffs that do not cover waste transportation costs, the dysfunction of infrastructure at the Buluh Final Processing Site (Tempat Pemrosesan Akhir Buluh), and weak enforcement of administrative sanctions by collection officers. This situation has triggered non-procedural administrative actions and socio-ecological conflicts with local village communities. To address these issues, it is necessary to clarify the service scheme to include all cost components, rehabilitate waste processing infrastructure, and strengthen the enforcement of administrative sanctions in order to improve compliance and the overall effectiveness of retribution collection. Keywords: Administrative Law; Waste Retribution; Legal Effectiveness; Bangkalan Regency.