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Showing 92 articles found for "Provision"

Examining The Feasibility Of The Housing Provision Policies For Low-Income Communities In Indonesia: A Case Study Of The Tapera Program

Dhiraj Kelly Sawlani
Abstract: Penelitian ini mengeksplorasi efektivitas Program Tapera dalam memenuhi kebutuhan perumahan bagi masyarakat berpenghasilan rendah di Indonesia. Dengan menggunakan pendekatan kualitatif, penelitian ini menggunakan metode… studi kasus untuk menganalisis dampak program dan implementasinya sebagai kebijakan publik. Pengumpulan data dilakukan dengan wawancara mendalam, observasi partisipatif, dan studi dokumentasi untuk memberikan pemahaman yang komprehensif mengenai manajemen dan hasil program.Studi ini menggunakan purposive sampling dengan teknik bola salju untuk memilih informan, termasuk administrator program, pembuat kebijakan, penerima manfaat berpenghasilan rendah, pejabat pemerintah daerah, dan lembaga keuangan. Analisis data mengikuti model interaktif, yang meliputi pengumpulan, reduksi, penyajian, dan penarikan kesimpulan data, dengan triangulasi yang digunakan untuk memastikan validitas dan reliabilitas.  Temuan-temuan tersebut mengungkapkan bahwa meskipun Program Tapera telah membuat langkah signifikan dalam mendorong pemerataan dan keberlanjutan perumahan, masih ada tantangan dalam hal keterjangkauan, kesenjangan antar wilayah, dan transparansi. Isu-isu ini menyoroti perlunya reformasi strategis, seperti mekanisme keuangan yang lebih baik, perluasan jangkauan, dan peningkatan tata kelola.Penelitian ini menyimpulkan bahwa Program Tapera memiliki potensi untuk secara signifikan mengurangi ketimpangan perumahan dan mendorong kesetaraan sosial, asalkan tantangan-tantangan utama dapat diatasi melalui inovasi dan kolaborasi.Penelitian ini berkontribusi pada wacana evaluasi kebijakan publik, dengan menawarkan rekomendasi praktis untuk meningkatkan aksesibilitas perumahan bagi masyarakat berpenghasilan rendah.

Freedom of Speech as a Pillar of Equality in Indonesia in The Context of Constitutional Law

Yovan Iristian
Abstract: The important role of freedom of expression as a basis for equality, especially within the framework of constitutional law, is very important in Indonesia. This research uses normative juridical qualitative methods to obtain… tain a comprehensive understanding of the legal aspects that regulate freedom of expression in the country. Recognized as an essential human right, freedom of expression is explicitly protected by the 1945 Constitution of the Republic of Indonesia. The focus of this research is to examine the legal norms governing freedom of expression, which include provisions such as Article 28E paragraph (3) and Article 19 of the Constitution 1945, as well as other statutory regulations. The research results show that freedom of expression is recognized as an inalienable right by the state and is one of the foundations for the realization of a just and democratic society. Although freedom of expression is guaranteed by the constitution, this research also highlights the obstacles and challenges in its implementation. In Indonesia, challenges arise in navigating diverse interpretations of freedom of expression, with concerns about potential exploitation by entities harming public interest. Striking a balance between freedom of expression and societal stability/security is deemed crucial. The research aims to better understand the complexity of freedom of expression within the country's constitutional law and its role in promoting equality. This research aims to find useful insights for creating better policies. These policies should strike a good balance between individual freedom and public interest, ultimately fostering a fair and democratic society.

Legal Responsibility of Bank Towards Customers In Cases of Personal Data Leakage

Sri Anggraini Kusuma Dewi
Abstract: The purpose of this study is to analyze the legal responsibility of banks towards customers in cases of personal data leaks, examine the extent of legal protection provided to customers, and describe efforts that can be… made to minimize the risk of data leaks. This study uses a literature study method by collecting and analyzing various legal sources, such as laws and regulations, court decisions, journals, and literature related to data protection in the banking sector. The results of the study indicate that banks have legal responsibilities based on the Personal Data Protection Law (UU PDP) and banking provisions to maintain the confidentiality of customer data. If a data leak occurs, the bank can be subject to administrative, civil, or even criminal sanctions depending on the level of negligence. In addition, this study found that customers have the right to claim compensation if the data leak causes material or immaterial losses. However, the effectiveness of law enforcement still faces challenges, such as lack of customer awareness and complexity of evidence. Therefore, it is necessary to strengthen regulations, improve cybersecurity systems by banks, and educate customers to mitigate the risk of data leaks. The implications of this study are expected to provide recommendations for regulators and banking industry players in strengthening the protection of customer personal data.

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF MK DECISION NO. 69/PUU XIII / 2020

Annisa Purba
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

ISLAMIC LEGAL REVIEW OF THE DIVISION OF PROPERTY WHILE BOTH PARENTS ARE STILL ALIVE

Efdian Marbun
Abstract: The reason for dividing inheritance while the heirs are still alive is to avoid conflicts that will give rise to conflicts between heirs and not contradict Islamic law. The provisions of the Compendium of Islamic Law regarding… arding the distribution of inheritance to living heirs provide evidence that the condition of the testator's death remains an implicit condition for inheritance of his assets in the form of inheritance. However, the Compilation of Islamic Law provides another way to carry out the distribution of inheritance before the death of the heirs as stated in Article 187 paragraph (1) of the Compilation of Islamic Law. The Islamic legal view regarding the distribution of inheritance to living heirs can be taken if there is a risk of disputes and conflicts between heirs that result in losses.

PENDEKATAN PERSONAL DALAM MENGATASI KESULITAN BELAJAR SISWA SEKOLAH DASAR: STUDI KASUS PADA SISWA KELAS V

Regina Sipayung, Lastri Helmalia Sitohang, Ella Sharifa Tamba, Herna Elisabeth Lumbanbatu, Elisabeth Sihombing, Kurnia Devi Saragih
Abstract: This study aims to determine the effectiveness of a personal approach in helping elementary school students who experience learning difficulties. The subject of the study was a fifth-grade student with the initials D, who… o showed obstacles in learning focus, motivation, and independence. The methods used included observation, interviews, and the provision of guidance services in two sessions. The results of the study indicate that a personalized approach can enhance self-awareness, problem-solving skills, and learning focus among students. Additionally, active support from parents and teachers plays a significant role in supporting the success of counseling. This study contributes to counseling practice in elementary schools by emphasizing the importance of empathetic and collaborative individual interventions.

MEANINGFUL PUBLIC PARTICIPATION AS THE ESSENCE OF CONSTITUTIONALISM IN LAW MAKING

Ardhes Blandhivay Leuanan
Abstract: Discourse on constitutionalism often emphasizes the existence of a written constitution as the foundation of democratic governance. Yet, constitutionalism is not merely about the text but it is about the lived practices… that give substance to constitutional ideals. This article interrogates the extent to which participation moves beyond symbolic consultation to become a substantive mechanism that embodies constitutionalism in practice. The central research question is how can meaningful public participation be conceptualized and operationalized as the essence of constitutionalism in legislative processes?  It examines constitutional provisions, statutory frameworks, and judicial interpretations in selected jurisdictions. The analysis is enriched by theoretical frameworks of deliberative democracy and participatory constitutionalism, which highlight the normative value of inclusivity, transparency, and accountability in law making. The article concludes that embedding meaningful public participation transforms law-making from a formal exercise of authority into a constitutional practice that legitimizes governance, strengthens democracy.  

Perlindungan Hukum Para Pihak dalam Perjanjian Elektronik Menurut Hukum Perdata Indonesia

Nawaskoro, Hardito, Luthfiyyah Amalina Husna
Abstract: Advances in information and communication technology have spurred substantial changes in legal transaction procedures in Indonesia, primarily through the utilization of electronic agreements. Agreements that were previously… sly made in traditional paper formats are now frequently conducted digitally, raising legal concerns regarding their legality, validity, evidence, and legal protection for the involved parties, particularly consumers. Although electronic agreements are normatively recognized in the Civil Code (KUHP) and the Law on Electronic Information and Transactions, practical implementation issues persist, leading to legal uncertainty. This research employs a normative legal methodology utilizing statutory, conceptual, and comparative approaches. Data was obtained through a literature review of primary, secondary, and tertiary legal sources related to electronic agreements and civil legal protection. Qualitative descriptive analysis was conducted to investigate the legal status of electronic agreements and the legal protection available for the parties within the Indonesian legal framework. The discussion results indicate that electronic agreements possess legal validity and binding force equivalent to traditional agreements, provided they meet the criteria for a valid agreement as outlined in Article 1320 of the Civil Code and the provisions of the Information Technology Law. Legal protection in electronic agreements encompasses legal certainty, the recognition of electronic document and signature evidence, and consumer protection against detrimental standard clauses. Nevertheless, challenges remain in establishing party identification, ensuring the integrity of digital contracts, and addressing power imbalances between commercial entities and consumers. This study concludes that while electronic agreements are legally recognized under Indonesian civil law, enhancing legal protection requires strengthened regulations, consistent law enforcement, and improved legal and digital literacy among the public to ensure secure, fair, and equitable electronic transactions.  

LEGAL REVIEW OF MARRIAGE AGREEMENTS MADE POST-MARRIAGE AFTER THE APPROVAL OF THE CONSTITUTIONAL CONSTITUTIONAL CONSTITUTION 'S DECISION

Rico Lubis, Carlos Sianturi
Abstract: The legal provisions governing the marriage contract according to the Republic of Indonesia Law No. 1 of 1974 and the Constitutional Court Decision No. 69/PUU-XIII/2015 can be carried out after marriage, because the meaning… ing of Article 29 paragraph (1) of the Marriage Law is interpreted as long as the parties are bound. The agreement of both parties can submit a written agreement that is accepted by the contract drafter or notary. The Judge's opinion that the relevant application is stated in the Applicant's Marriage Agreement and the legal issues are also acceptable. The legal analysis of the permissibility of the marriage contract arises from the perspective of the law of the contract that the legal provisions of the marriage contract also bind third parties, so that the marriage contract must be registered with the Civil Service Secretariat or the Ministry of Religion. Because the MK decision as it is does not mean anything about registration, whether registration must be carried out immediately or wait for further registration/registration laws. Therefore, the legal consequences of a marriage contract can create legal guarantees for others.

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.