UIR Law Review

KRIMINALISASI KEBIJAKAN PEJABAT PUBLIK DALAM HUKUM PIDANA

2023-12-26T16:19:51+07:00

This article aims to discuss how to solve the criminalization of public official policies. In the context of democratization, public official policies are seen as a process of accommodating the wishes of various stakeholders in society, the environment as a legally binding and enforced product. This is where law becomes very important to discuss its contextuality, especially in relation to the policies of public officials as an instrument of society. This paper tries to review a little about the criminalization of public official policies in criminal law. The method used by normative by the conceptual approach, which examines the problem of the vision of legal reform related to the criminalization of public official policies, which is based on theoretical studies and doctrines. legal experts, that can be convicted and held accountable, such as responsibility in the concept of criminal law.

Consequences of the Law on Registration of Interfaith Marriages

2023-12-27T17:57:06+07:00

Marriage is a legal contract between two individuals who are bound by law and religion to build a happy household for the rest of their lives. Every couple marries for love and the desire to live together legally and officially. Marriage is also essential in religion since it is viewed as a holy connection that God blesses. The legal ramifications of recording marriages of different religions are the focus of this study. The purpose of this research is to examine the legal implications of recording marriages between people of various religions. This study is normative, employing an approach to legal concepts in Marriage Act No. 1 of 1974. According to the research, interfaith marriage is outlawed and ruled religiously unlawful under Indonesian law, but its registration is valid under state law. As a legal result of the existence of marriage registration, the marriage's status is valid, therefore the bond between husband and wife who give birth to children through interfaith marriage provides the kid with legal standing and is legally recognized.

KEDUDUKAN ANAK DARI PERKAWINAN TIDAK TERCATAT DI INDONESIA

2023-12-28T16:06:45+07:00

The rights, obligations and responsibilities of children towards their families continue continuously throughout the lives of the children and their parents according to positive law and religious or belief law. . The status and position of the child is whether the state recognizes it or not in positive legal terms. Differences in legal protection for children legally exist, although this does not ignore the status and position of children born from unregistered marriages, but only relates to the protection system and resolving legal problems which contain other meanings of administrative and positive legal protection only. Children from unregistered marriages receive civil and public legal guarantees and protection from their mothers and their mothers' families, not from their fathers and their father's families. This research uses positive legal and religious studies as well as qualitative descriptive research methods with findings that legally children born out of wedlock can obtain rights like legitimate children but must fulfill requirements, one of which is legal recognition from the parents who seeded or impregnated the mother.

EFEKTIFITAS PENEGAKAN HUKUM TINDAK PIDANA KORUPSI DI INDONESIA

2023-12-31T04:25:31+07:00

Cases of criminal acts of corruption continue to increase every year and so it appears that there are problems in law enforcement. Lawrence M. Friedman said there are three components that can be studied to see whether good law enforcement has been implemented or whether a law is effective or not, namely legal substance, legal structure and legal culture. Therefore, it is necessary to study these three components regarding criminal acts of corruption to see how the law is enforced. The method used is normative legal research which is based on secondary data. Based on these three components, it was indeed found that there were problems in law enforcement regarding criminal acts of corruption. In terms of legal substance, the existing provisions are no longer in accordance with the current situation, for example in terms of types of criminal acts of corruption that have experienced development and provisions that still cause problems in their implementation. In terms of legal structure, several institutions have been involved, including KPK, but KPK's performance is far from good, in fact ICW said KPK's performance is still poor. Finally, in terms of legal culture, society still finds it difficult to let go of the habit of corrupt practices, as does law enforcement.

Akibat Hukum Kantor Pajak Sebagai Kreditor Pemohon Pernyataan Pailit

2023-12-31T12:47:59+07:00

This study aims to determine the legal consequences of the tax office as a creditor of the applicant for bankruptcy. This research is qualitative research and normative legal research. Research data was collected using literature and document studies. The data that has been collected will be identified and arranged systematically, including data obtained from primary legal materials, secondary legal materials, and tertiary legal materials. Then all the data obtained from the literature study and document study were relevant to related theories and written descriptively and analyzed qualitatively. The results of this study show that the Tax Office as creditor of the applicant for bankruptcy has the legal consequence that the process of bankruptcy application submitted by the Tax Office as debtor is possible. So for creditors who have debts in the form of taxes, the Tax Office as debtor can submit a request for bankruptcy proceedings. The Tax Office has a very high-ranking statutory priority/privilege. States have general statutory priority rights for unpaid taxes, interest, fines, and fees. This special position ends 2 (two) years after the tax assessment date. Even though the Tax Office is a government institution that has its authority to carry out efforts to collect and pay off taxes, based on the provisions for filing a bankruptcy declaration application or to act as another creditor in a bankruptcy declaration application, this should be implemented consistently. Thus, tax debts have the possibility of being asked for repayment by taxpayers through the mechanism of requesting a bankruptcy declaration.

GENERAL AGREEMENT ON TRADE IN SERVICES DAN ASEAN FRAMEWORK AGREEMENT ON SERVICES: PERIHAL PERLINDUNGAN HAK ATAS KESEHATAN BAGI PEKERJA DI INDUSTRI PERIKANAN

2023-12-31T18:30:11+07:00

This research focuses on the fact that trade in services in the fishing industry still contains human rights issues. This can be seen from the case of the death of an Indonesian crew member on a Chinese-flagged fishing vessel in 2020 and the critical note given by Destructive Fishing Watch regarding the bad situation faced by crew members in the fishing industry. Departing from these problems, the focus of the research is narrowed down to find the political legal reasons behind the absence of adequate human rights protection guarantees in the GATS and AFAS, which is one of the legal sources of law governing international trade in services. By using normative research methods and using statutory and conceptual approaches, this study finds that from a legal political perspective, the absence of human rights protection guarantees in the GATS and AFAS, especially the right to health for workers, is because at the time of the formation of the GATS, human rights discourse had not yet developed to reach the spectrum of business and trade. As a result, the establishment of the GATS and AFAS has not provided space for human rights discourse, so the human rights lexicon is still foreign in the GATS and AFAS today.

PENGADILAN HIBRIDA SEBAGAI UPAYA PEACEBUILDING PASCA RUNTUHNYA KEKUASAN KHMER MERAH DI KAMBOJA

2023-12-31T22:46:20+07:00

The enforcement of international criminal law is an effort to fulfill the international community's sense of justice for serious international crimes. Cambodia came into the international spotlight under Pol Pot. At that time Pol Pot proclaimed Cambodia as a new country under the name Democratic Kampuchea. He referred to 1975 as "Year Zero" which means that everything wants to be built from ground zero by this regime. April 17, 1975 was declared Liberation Day from the ugly and corrupt Lon Nol regime. The research method used is the normative juridical research method. The results showed that hybrid courts are ideal courts in law enforcement against perpetrators of international crimes because they apply two very important aspects, namely aspects of national law and aspects of international law, so that the shortcomings of each legal system can be covered by other systems, so as not to lose the authority of national law and do not apply international law too much

PENYEDIAAN AKSES LEGAL DAN AMAN UNTUK ABORSI DI INDONESIA

2024-01-01T16:11:45+07:00

Abortion is regulated internationally especially in the ICCPR, CEDAW and ICESCR. Indonesia also regulates abortion based on Law No. 1 of 2023 concerning the Criminal Code, Law No. 17 of 2023 concerning Health, Government Regulation No. 61 of 2014 concerning Reproductive Health, and Regulation of Minister of Health No. 3 of 2016. The practice of safe abortion services until now is difficult for victims of sexual violence to access, in practice there are still many obstacles from a systematic and structural perspective when victims want to access legal abortions This research aims to examine the regulations in national law and international law related to providing legal and safe access to abortion for women and the implementation of providing legal and safe access to abortion in Indonesia.This research uses normative juridical with statute approach, and case approach. This research contains the legality of abortion in national law and international law and the obstacles faced in providing access to legal and safe abortion. Indonesia has ratified CEDAW, ICCPR and ICESCR regarding providing access to legal, safe and effective abortion in order to realize equality in health services, so the state must take firm actions in order to realize the legal and safe abortion services needed by women and girls.

Study Komparatif: Perlindungan Hukum pada Perempuan Korban Kekerasan Dalam Rumah Tangga Di Indonesia dan Malaysia

2024-01-14T17:46:40+07:00

The aim of the first writing is to find out what the regulations regarding domestic violence are in Indonesia. Second, to find out what the legal protection regulations are for victims of domestic violence in Malaysia. The method in this research is normative legal research. Normative legal research is a type of legal research obtained from literature study, by analyzing a legal problem through statutory regulations, literature and other reference materials. Examining criminal acts of domestic violence in Indonesian criminal law, namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and in Malaysian criminal law, namely the 1994 Domestic Violence Act (Deed 521) and the Malaysian Violence Code. Results of This research is that legal protection for wives who are victims of domestic violence according to this law is (1) temporary protection. Temporary protection is protection that is directly provided by the police and/or social institutions or other parties, before the issuance of a protection order from the court. (2) Imposition of a protective order by the court; (3) Providing a Special Service Room at the police station; (4) providing a safe house or alternative residence; (5) providing legal consultations by advocates to victims at the level of investigation, prosecution and examination at court hearings. Legal protection for wives of victims of domestic violence in Malaysia is based on the Management and protection of victims of domestic violence is based on the 1994 Domestic Violence Act (1994).