KEWENANGAN LEGISLASI DEWAN PERWAKILAN DAERAH (STUDI PERBANDINGAN ANTARA DEWAN PERWAKILAN DAERAH REPUBLIK INDONESIA DENGAN SENAT AMERIKA SERIKAT)

ABSTRAKPHOENNA ATH THARIQ,KEWENANGAN LEGISLASI 2016DEWAN PERWAKILAN DAERAH (Studi Perbandingan Antara Dewan Perwakilan Daerah Republik Indonesia Dengan Senat Amerika Serikat)Fakultas Hukum Universitas Syiah Kuala(v, 72) pp.,bibl. Zahratul Idami, S.H., M.HumKewenangan legislasi Dewan Perwakilan Daerah Republik Indonesia (DPD RI) diatur dalam Pasal 22D Ayat (1) dan (2) Undang-Undang Dasar Negara Republik Indonesia Tahun 1945. Berdasarkan Pasal tersebut kewenangan legislasi dari DPD RI sangat lemah sehingga tidak mencerminkan bahwa DPD RI adalah sebuah lembaga legislasi di Indonesia. Sedangkan Senat Amerika Serikat adalah lembaga yang serupa dengan DPD RI, kewenangan legislasi Senat diatur dalam Article 1 Section 7 angka 2 The Constitution of the United States of America. Aturan tersebut menunjukkan bahwa Senat memiliki kewenangan legislasi yang kuat sebagai sebuah lembaga legislatif.Penulisan skripsi ini bertujuan untuk mengetahui dan menjelaskan kewenangan legislasi DPD RI dan Senat Amerika Serikat serta melihat persamaan dan perbedaan kewenangan legislasi DPD RI dan Senat Amerika Serikat.Penelitian ini merupakan penelitian hukum yang bersifat normatif, dengan menggunakan metode pendekatan yuridis normatif, yuridis historis, dan yuridis komperatif. Oleh karena itu pengumpulan data yang diperlukan dilakukan melalui kajian kepustakaan (Library Research), dengan penelaahan bahan hukum primer, bahan hukum sekunder, dan bahan hukum tersier. Kemudian data yang telah tersusun tersebut dianalisis secara kualitatif.Hasil penelitian menunjukkan bahwa kewenangan legislasi DPD RI sangat lemah atau terbatas pada rancangan undang-undang tertentu saja. Kewenangan tersebut juga terbatas pada dapat mengajukan rancangan dan ikut membahas rancangan undang-undang tersebut. Persamaannya adalah DPD RI dan Senat Amerika Serikat merupakan lembaga Negara yang diatur langsung dalam konstitusi masing-masing Negara serta lembaga perwakilan yang mewakili territorial yaitu provinsi dan Negara bagian. Perbedaannya adalah Senat memiliki kewenangan legislasi yang lebih kuat, sehingga dapat mengajukan dan membahas semua rancangan undang-undang yang ada di dalam Congress bersama dengan House of Representative.Disarankan kepada pemerintah Indonesia untuk dapat melakukan amandemen terhadap Pasal 22C dan 22D UUD NRI Tahun 1945, proses ini diperlukan untuk memberikan kewenangan legislasi yang lebih kuat kepada DPD RI agar dapat menjadi lembaga legislatif yang mengimbangi DPR

Penegakan Hukum oleh Jaksa Penuntut Umum terhadap Remaja sebagai Residivis Pelaku Pemerkosaan di Kabupaten Nagan Raya

The crime of rape is a very serious problem, a crime that is rampant today is the crime of rape against minors. In this research, the type of research used is the Juridical Empirical approach. The research location used as a place to conduct research is the Nagan Raya District Attorney's Office. Because Aceh is a special Autonomous Region and refers to the Lex Specialis Derogat Legi Generali principle, which is a special law that overrides general law, in carrying out the prosecution of this case it will be charged with Aceh Qanun Number 6 of 2014 concerning Jinayat Law. Law enforcement carried out by the Public Prosecutor must provide benefits or be efficient for the community to achieve justice. But of course there is a difference in treatment between adults and children in terms of dealing with the law. There are several factors for the occurrence of criminal acts such as factors that arise from within the individual. Crime occurs not only from factors within the perpetrator's personal self but also from factors from outside the perpetrator such as family environmental factors, and community environmental factors

PERLINDUNGAN MASYARAKAT SIPIL DALAM KONFLIK BERSENJATA DI MYANMAR BERDASARKAN SUDUT PANDANG HUKUM INTERNASIONAL

 Myanmar is a country in Southeast Asia whose government is currently being overthrown and controlled by the military. The military junta carried out attacks against civilians, such as massacres against demonstrators and several riots that resulted in the destruction of several state assets and casualties. Myanmar's internal conflicts can be classified as low-intensity conflicts because they are carried out openly and have caused a crisis of legal legitimacy in the region. The purpose of this research id to find out the protection of civil society applied in the armed conflict in Myanmar in International Law and to find out the consewuences of the failure to protect civil society in the armed conflict in Myanmar based on International Law. This research was conducted using a normative research method or library research as a primary material and a study of legal materials in the field as a secondary material for supporting data to be analyzed and explained accurately to the problems studied. The theory used in this study is the theory of state responsibility, the theory of emergencies and the theory of law enforcement. This study found that there were serious violations against civil society in Myanmar and besides that there were several provisions regarding the protection of civilians in a state of conflict, there were preventive rules regarding the possibility of civilian casualties. It is recommended that the state of Myanmar carry out a consensus settlement of the coup in Myanmar by appointing a neutral country that has the power to intervene in the current territory of Myanmar to oversee the transition of power or at least issue a resolution to summon the Myanmar military junta to comply with the applicable conventions so that crimes against humanity do not occur for as long as possible. emergency period in Myanmar

PERLINDUNGAN HUKUM TERHADAP PEKERJA MIGRAN INDONESIA DI FILIPINA MENURUT PERSPEKTIF HUKUM INTERNASIONAL

Indonesia and the Philippines are countries that have ratified the International Convention on the protection of the right of all migrant workers and members of their families. The year 2012. This convention is the result of the United Nations' efforts to recognize that there are often inhumane acts against migrant workers so that they urgently need protection, especially for those who work abroad. The purpose in this research to find out how the protection of Indonesia migran workersin the Philippines is from perspective Internasional Convention on the Protection of The Right of All Migrant Workers and Members of Their Families and what is Indonesia’s role in protecting Indonesian migrant workers in the Philippines. This research is a normative research or library research library research, this research uses the main material, namely library material, in the form of secondary data consisting of primary legal data. explain and know about how the legal protection for Indonesian migrant workers who are in the Philippines according to the perspective of international law. The protection of migrant workers is contained in the International Convention on the protection of the right of all migrant workers and members of their families, ratified in Law no 6 of 2012 and has also been ratified by the Philippines in Law 10022. happens, requires the two countries to cooperate to protect migrant workers if violations continue to occur. It is recommended that the Indonesian government, especially the Ministry of Foreign Affairs, represented by diplomats, should continue to monitor and prioritize Indonesian migrant workers and take a policy, especially in handling and guaranteeing protection for Indonesian citizens who are taking work abroad, so as to achieve protection and guarantee the rights that they should get

Penyusunan Rancangan Qanun Pengelolaan Satwa Liar di Aceh

Human conflict with wildlife is a complex problem because it isn’t only related to human safety but also with the safety of wildlife itself. Conflicts that have occurred have pushed the Government of Aceh, District/City Government and related parties to be more wise in understanding the lives of wild animals so that the handling and prevention measures can be optimized and based on the root of the problem. For this reason, a legal protection is needed in the form of a qanun which is expected to be able to integrate all available resources to protect wildlife in Aceh. The method of implementation in community service is to get involved with the expert team Commission II DPRA in drafting the Qanun of Wildlife Management until finally the qanun was ratified on 27 September 2019 and then promulgated to be Qanun on 29 October 2019. The participation of the authors in the drafting of the draft qanun of wildlife includes part of the process of forming the qanun, including starting from the stages of planning, drafting, and discussion. While the stages of ratification or stipulation, enactment and dissemination are carried out by the DPRA and the Government of Aceh itself in accordance with their respective duties, functions and authorities

PEMENUHAN HAK ATAS INFORMASI PUBLIK DAN PERUBAHAN SOSIAL (STUDI TERHADAP PELAKSANAAN UNDANG-UNDANG NOMOR 14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK)

The fulfillment of the right to public information has not taken place after 10 years of the implementation of Law Number 14 of 2008 concerning Public Information Openness (UU KIP). The research objective is to determine the obstacles and challenges of public agencies in carrying out their obligations and to find out social changes that apply after the implementation of the Public Information Openness Law. This research is qualitative research with a descriptive approach. Data collection relies on various literature related to research topics. The results of the study describe public agencies that have not carried out their obligations due to 4 (four) things, namely the unavailability of data in public agencies, not optimal information management and documentation officials in providing information services, the reluctance of public agencies to be open to the general public and the application of sanctions as a complaint offense. However, the implementation of the Public Information Openness Law has encouraged a social change in society through changes in behavior in public agencies and community.Keywords: Public Information, Public Agency, and Social Change

Penerapan Hukum terhadap Tindak Pidana Korupsi Anggaran Ternak (Studi Putusan No.1/Pid.Pra/2019.Pn.Lsm)

The crime of corruption is a special offense which is regulated separately in the criminal law book. In the process of handling corruption cases, the principle of priority or precedence in the settlement process applies. This is in accordance with Article 25 of Law Number 20 of 2001 concerning amendments to Law Number 31 of 1999 concerning the Eradication of Criminal Acts of Corruption, which states that investigations, prosecutions, examinations in court in corruption cases take precedence over other cases for prompt settlement. This study aims to determine the application of material criminal law to the crime of livestock budget corruption in the case of decision Number 1/Pid.Pra/2019.Pn.Lsm, and to find out how the judge's considerations in making a decision on the crime of corruption in the livestock budget in decision Number 1/ Pid.Pre/2019.Pn.Lsm. This study uses a descriptive normative legal research method. Sources of primary and secondary legal materials, data collection techniques are library research, while the analysis of legal materials used in this study is qualitative analysis. Based on the results of the study, it is known that the application of material criminal law to perpetrators of corruption in the livestock budget in the case of decision number 1/Pid.Pra/2019.Pn.Lsm is that in its development, pretrial arrangements are regulated in Article 1 number 10 Jo. Article 77 of the Criminal Procedure Code, there is often treatment of law enforcement officials who are not really serious in reaching the material truth so that the person concerned does not get real legal protection from the state. For that obtain real legal protection from the state. For this reason, such developments can be accommodated through whether or not the determination of suspects is legal and whether the seizure is legal or not, it has been recognized as being the area of pretrial authority, so as to minimize arbitrary treatment by law enforcement officers. It is recommended that law enforcement officers, whether prosecutors, lawyers and judges, must have good knowledge of legal science, especially regarding the criminal law of corruption. If his actions are based on the proper application of criminal law from law enforcement, a sense of justice can be felt for all people

Unilateral Claim in Dispute of Island Over the South China Sea

In the unilateral claim, every determination of a territory is the right of a sovereign state and does not require agreement with international organizations or other countries. Especially regarding the borders of a country, many international regulations require a joint determination (bilateral or multilateral). The norm will impact the absence of responses from another country, or such a country does not react because its interests were not disturbed. China's unilateral statement over the South China Sea has tried to dominate globally, and at the same time, there has been no stabilization of peace. It will likely continue, expand, and have long-term adverse impacts on the regional economic and security situation in the region. China's unilateral claims in the South China Sea have also resulted in other warring countries, strengthening their presence and claims. This research uses normative approach which examines the unilateral claims under international law in the South China Sea especially in the UNCLOS 1982 and other related international law instruments. As a result, for China, it is necessary to improve its current position, at least it needs to negotiate in the future. Countries which is involved in the South China Sea should clarify and submit territorial claims and maritime rights under international law, including the UNCLOS 1982

Tinjauan Yuridis Sanksi Pidana Delik Perbuatan Cabul terhadap Anak dalam Undang-Undang Nomor 35 Tahun 2014 tentang Perlindungan Anak dan Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual

This study focuses on sexual crimes in the form of obscene acts against children. According to R. Soesilo, obscene acts are all acts that violate decency or decency, or can also constitute a heinous act that is included in the environment of sexual lust. The problem lies in the criminal sanctions regulated between the two regulations. Criminal sanctions regulated in the PA Law and the PKS Law have differences in terms of the length of the sentence, the amount of the fine, and others. Then there will also be a test of the PA Law and the TPKS Law against the theory of the purpose of punishment. The research method used is a normative research method, namely research conducted with reference to the principles, legal concepts, legal norms contained in the legislation. The results of this research are that in terms of the comparison of the length of imprisonment or the number of fines, the PA Law is more effective than the TPKS Law. There are also articles regulated in the PA Law that are not regulated in the TPKS Law, such as Articles 76D and 76E. In the article, it is more specific how to commit obscene acts, namely by means of "threats of violence and violence." Both the PA Law and the TPKS Law adhere to a combined theory. In the PA Law and the TPKS Law, the main punishments regulated are imprisonment, fines and payment of restitution to victims. If it is related to the combined theory, then the PA Law and the TPKS Law have fulfilled the purpose of the combined theory. However, in the TPKS Law, in addition to stipulating the main punishment, it also regulates additional crimes, namely revocation of child custody or revocation of guardianship, announcement of the identity of the perpetrator and/or confiscation of profits and/or assets obtained from criminal acts of sexual violence. With the provision of additional penalties in the TPKS Law, it can be seen that the types of criminal sanctions in the TPKS Law provide more complete understanding of the combined theory. So that it can be concluded that the TPKS Law in terms of types of criminal sanctions is more comprehensive in its arrangement

KAJIAN YURIDIS TENTANG KEDUDUKAN MoU HELSINKI DAN KEKHUSUSAN DALAM UNDANG-UNDANG PEMERINTAHAN ACEH

Memorandum of Understanding (MoU) Helsinki is an agreement that ends the conflict between GAM and the Government of the Republic of Indonesia. This MoU became a joint commitment between two parties which later gave legalization to Law Number 11 of 2006 concerning the Government of Aceh. This study uses a normative juridical method to see how the position of the MoU Helsinki in the Law on the Government of Aceh. With the normative juridical method, the author sees how the binding power of the MoU Helsinki and how the exclusivity possessed by the Law on the Governing of Aceh. From the results of the study it was found that the MoU Helsinki does not have juridical binding power, and there are some Aceh exclusivities that are obtained through the Law on the Government of Aceh in which these exclusivities are not shared by other regions in Indonesia. Keywords: MoU Helsinki, the law of Government of Aceh, Exclusivit