7 research outputs found

    Preventive Protection for Indonesian Migrant Workers as Part of an Effort to Prevent Human Trafficking in Johor Bahru Malaysia

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    The issues of Indonesian migrant workers are interminable; practically all bordering countries, including Malaysia, are destinations for Indonesian migrant workers. Administrative issues, salary disparities, exploitation, and human trafficking are all issues that Indonesian migrant workers encounter abroad. As the country's representative, the Embassy/Consulate General of the Republic of Indonesia plays a vital role in defending Indonesian migrant workers and Indonesian nationals overseas. The government's legal protection normally begins with document registration, followed by preparation, training, and placement. This study used a normative strategy with a statutory and case approach. Preventive protection takes the form of providing protection based on Law Number 21 of 2007 about TIP, Law Number 18 of 2017 concerning PMI Protection, and Malaysian Law in Deed 670 concerning the Anti-Trafficking in Persons and Anti-Migrant Smuggling Deed 2007. The Consulate General of the Republic of Indonesia Malaysia provides legal protection for Indonesian employees who are victims of illegal acts of human trafficking through both litigation and non-litigation routes

    INDONESIAN CRIMINAL POLICY AGAINST FRAUD IN THE BANKING FIELD

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    Recently, various cases of fraud in the banking sector have appeared to tarnish the meaning of banking as a pillar of national economic development. Regulations regarding handling fraud have also been regulated in several regulations, such as the Criminal Code, the Banking Law, and other special regulations. So an institution was formed which is expected to restore stability to the national economy, known as the Financial Services Authority. OJK and Bank Indonesia can coordinate and cooperate in joint supervision of financial services activities in the banking sector. This research aims to look at Indonesian criminal policies in enforcing and handling crimes in the banking sector, especially in terms of fraud. By looking at the institutional relationship between Bank Indonesia and the Financial Services Authority, it is hoped that they can coordinate in terms of reducing the number of frauds that occur in Indonesia. The method used is the documentary research method, where researchers see and analyze problems using selected document data. From the results of this research, it was found that banking crimes committed by bank insiders (crimes against the bank) need special attention. "Insider" crimes are closely related to the domination of policy and administration by one or several people and weak supervision, both by internal and external supervisors (regulators). In addition, various applicable regulations cause banks to often take excessive risks, which causes a decrease in the level of internal supervision, so that bank failures caused by fraud by insiders become higher

    Pengelolaan Keuangan Desa Menurut Undang-Undang Nomor 6 Tahun 2014 Berbasis Pertanggungjawaban Kepala Desa

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    Pengelolaan keuangan desa merupakan semua hak dan kewajiban Desa yang dapat dinilai dengan uang serta segala sesuatu berupa uang dan barang yang berhubungan dengan pelaksanaan hak dan kewajiban desa. Keuangan desa dikelola berdasarkan atas asas-asas transparan, akuntabel, partisipatif serta dilakukan dengan tertib dan disiplin anggaran. Sedangkan pengelolaan Keuangan Desa adalah keseluruhan kegiatan yang meliputi perencanaan, pelaksanaan, penatausahaan, pelaporan, dan pertanggungjawaban keuangan desa. Rencana Kerja Pemerintah Desa (RKPDesa) merupakan penjabaran dari Rencana Pembangunan Jangka Menengah Desa untuk jangka waktu 1 (satu) tahun. Anggaran Pendapatan dan Belanja Desa (APBDesa) merupakan rencana keuangan tahunan Pemerintahan Desa. Diperlukan Peraturan Bupati/Walikota untuk mengatur mengenai Pengelolaan Keuangan Desa. Pada dasarnya tulisan ini membahas salah satu siklus dari pengelolaan Keuangan desa yaitu Pertanggungjawaban Keuangan Desa. Tujuan dari tulisan ini adalah memberikan pengetahuan bagi aparatur desa yang terkait dengan pengelolaan keuangan desa, terutama Kepala Desa sebagai tampuk pimpinan di desa serta pertanggungjawabannya. Metode yang digunakan adalah ceramah dan diskusi. Pembahasan pada tulisan ini mengacu pada Undang-undang Nomor 5 Tahun 1979 tentang pemeritahan desa, dimana kepala desa bertanggung jawab kepada camat, tetapi setelah diberlakukannya Undang-undang Nomor 6 Tahun 2014 tentang desa, maka kepala desa langsung bertanggungjawab kepada Bupati/walikota, yaitu terkait bagaimana pengelolaan dana desa secara baik

    Tindak Pidana Korupsi Dan Pertanggungjawaban Pidana Oleh Korporasi

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    The criminal act of corruption in its development is not only done by human being as legal subject but also corporation as subject of corruption crime. This paper explains how the development of corporations in Indonesia, especially corruption where the corporation can be accounted for by prosecution and sentenced to criminal. And in this paper the author also discusses the theories / doctrines of corporate accountability accompanied by several examples from other countries. But here the author slightly criticize the Judge in Indonesia which in consideration is less clear to use what theory as a basis to sentencing the corporation. So the authors give input for the future in the imposition of criminal, especially against the corporation, Judge included in the consideration of what theory is used in sentencing against the corporation

    The Use of Physical Strength in Children’s Education: Learning from Indonesian Court’s Judgments

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    This article explores the limitations of using physical force in educating children in Indonesia. It examines the prevalence of violence by parents and teachers in education. Increased public awareness and concern for children's rights have made the use of violence in education a taboo. This research uses a qualitative method with secondary data using literature and analysing court decisions from the human rights perspective. This study aims to determine the limits of tolerance for violence and corporal punishment. The court decisions have been taken as the data to be analysed from various locations where decisions have been issued were taken into consideration to depict the similarities and differences in deciding matters related to corporal punishment towards children. This article examines historical, cultural, and religious factors that influence the use of physical force, including interpretations of Islamic teachings. This paper also presents arguments for and against corporal punishment as an educational tool. This research sheds light on the complexities surrounding the permissibility of physical force in children's education and the conflicting views in society, providing insight into evolving understandings and legal perspectives on the subject

    The Paradigm of Pluralism in Indonesia: Communal VS Legal State

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    Indonesia with all of its diversities in which law and culture live side by side and become part of state law regularity. Centralistic view contends that the only institution which plays role in creating social regularity is the country through the law formed and determined by the country. In its reality, there are many ‘other forces' that do not come from the state such as customary law, religion law, habits, trade agreement across country and so on. Those forces also have the ability to regulate the community actions bound in it even sometimes the member or the community in the society prefers to obey the rules formed by their group compared to the state law regulations. The research method used was sociological approach with moral, ethic, and religious approach. Traditional communities are groups of individuals who live from generation to generation in a certain geographical territory and are bind by cultural identities, strong relationships with their indigenous land, regions, and natural resources. Their value system determines their economic, political, and legal institutions. Indigenous peoples are groups of individuals who live from generation to generation in a certain geographical territory and are bind by cultural identities, strong relationships with their indigenous land, regions, and natural resources. Their value system determines their economic, political, and legal institutions arranged by customary institutions that have the authority to govern
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