7 research outputs found

    UPAYA PENEGAKAN HUKUM OLEH KEPOLISIAN DALAM MENANGGULANGI PERBUATAN AKIBAT MINUMAN KERAS

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    The aim of this research is that the role and law enforcement efforts of the Na-tional Police in dealing with alcohol in the Kabila Sector Legal Area need to be optimized in developing society. Security and public order is a dynamic condition of society as one of the prerequisites for the implementation of the national devel-opment process which is characterized by ensuring order and upholding the law and the establishment of peace which contains the ability to foster and develop the potential and strength of society in warding off, preventing and overcoming all forms of violations of the law and other forms of disturbance that can disturb the community. So based on this, the author hopes that there will be firmness from the police in taking action against crimes caused by the influence of alcohol. The type of research used in this research is an empirical method (empirical law research) and uses a normative approach method. The data analysis carried out in this research is descriptive analysis as the data is compiled using a qualitative approach. Based on the research results, it shows that the role of Bahabinkam-timnas in tackling alcohol in the Kabila Sector Legal Area has not been fully im-plemented based on Perkap No. 1 of 2021 Amendment to Perkap no. 3 of 2015. The role as intended is to encourage the community to form forums that can min-imize the situation

    ALIENATION CHANGES IN FORMATION COMMISSION OF INDONESIAN CONSTITUTION OF1945 (Contemplation Towards The Fifth Amendment)

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    The results of the fou rth amendment Constitution of NRI 1945 leaving academic debate, not only in terms of the substance of the constitution that still has weaknesses and needs to be improved and perfected through the fifth amendment of the Constitution of N R I 1945, but also in terms of process changes that lead to refractive mainly against the spirit of Constitutional Commission , Refraction spirit of the Constitutional Commission took place on two points: first, the establishment of the Constitutional Commission which was form ed to have lost momentum, as well as the tasks assigned by the Assembly to the Constitutional Commission so minimalist that is limited to conduct a comprehensive review and was impressed merely fix systematize and writing of the Constitution of NRI 1945 w hich have been produced by the Assembly

    Implementation of Criminal Liability for Companies That Do Not Fulfill Obligations to Workers in Employment BPJS Guarantee

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    This study aims to determine and analyze the criminal liability of companies that do not fulfill their obligations to workers in the employment BPJS guarantee. The research method used is sociological juridical research, using a descriptive qualitative research approach and interactive analysis techniques. The results of this study indicate that there are still many companies that neglect to provide fulfillment of workers' obligations in the Employment BPJS guarantee as stipulated in Law No. 24 of 2011 concerning the Social Security Organizing Agency (Law No. 24 of 2011), which protects workers' rights to obtain guarantees for compensation for work accidents. The establishment of the Social Security Organizing Agency (BPJS) is not a new thing in the field of employment, because social security for workers has previously been regulated in Law No. 14 of 1993 concerning Workers' Social Security or better known as Jamsostek. Law No. 40 of 2004 on the National Social Security System was enacted in 2004 with the aim of creating an integrated social security system for all Indonesians, and the social security system was institutionalized in a public legal entity

    TANGGUNG JAWAB ANAK TERHADAP ORANG TUA LANJUT USIA (LANSIA) DI DESA KAARUYAN KECAMATAN MANANGGU KABUPATEN BOALEMO

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    Along with the time that continues to turn where previously children who were still toddlers were taken care of by their parents until they moved to the village and got a job and were busy to have a partner and offspring and their own lives, on the other hand the parents who used to raise them have now entered old age which should be the child's obligation to take care of parents at that time. The dilemma that occurs between the obligation to care for wives and children and work with caring for parents when they enter old age or old age. Responding to the phenomenon that occurs related to the child's obligation to choose parents when entering old age. So the service team from the Faculty of Law, Goronalo State University conducted counseling in a number of villages which basically had a number of problems related to this, including Kaaruyaan Village, Paguyaman District, Boalemo Regency, Gorontalo Province. The problems raised in this service include the background of children taking care of their own elderly parents at home and children who entrust elderly parents in nursing homes. Legal review of the responsibilities of children who entrust their parents in nursing homes. This research method uses qualitative methods and discussions in counseling, where the research was carried out in the Kaaruyaan Village area. The subjects of counseling are children who care for and children who entrust elderly parents (Elderly) in Nursing Homes. Observation, interviews and documentation. Extension results. The background of children choosing to entrust elderly parents in the orphanage is triggered by a number of things including work, obstacles in communication between family and parents, incompatibility between the wife / husband and parents in the house. While the background of children chooses to take care of their own parents at home, facilitate communication with parents, control physical health, guarantee the needs and needs of parents daily to apply forms of love and affection to parents

    Determination Of The Judges Freedom In Indonesia On The Straf Minimum Rules

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    Limiting the freedom of judges in expressing legal logics in each particular case will only hinder the process of seeking true values of justice. This freedom does not mean being free without being accompanied by legal responsibilities. the philosophical aspect of the principle of freedom of judges, and the ideal model for the application of the principle of freedom of judges in Indonesia in the minimum rules straf system, is the subject that will be discussed in this article. The normative research method used in this article uses a statutory, historical and conceptual approach and uses primary and secondary legal materials that are presented descriptively. The conclusion obtained confirms that the aspect of judges' freedom philosophically in principle begins with the application of the division of powers namely, legislative, executive and judicial which is the philosophical basis that the judicial branch of power is an independent branch of power and judges have the freedom to make interpretations, legal findings based on the conscience and conviction of the judge. As for the straf minimum rules case, the ideal model for implementing the principle of judge freedom can be realized through the theory of balance, namely that judges in deciding cases are not based on the context of laws and regulations and must consider aspects of the judge's belief even though the decision is contrary to the law, but as long as it is related to the judge's belief, then it can be justified on the basis of the judge's freedom

    Mitigasi Bencana dan Pengalokasiannya Pada Dana Desa Botumoito

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    Bencana banjir yang terjadi di Desa Botumoito Kecamatan Botumoito Kabupaten Boalemo berakibat pada terendamnya rumah masyarakat dan terganggungnya akses jalan Trans Sulawesi. Akan tetapi penanganannya masih kurang maksimal. Hal ini diakibatkan salah satunya karena minimnya mitigasi bencana banjir. Permasalahan ini seharusnya melahirkan kebijakanyang seharusnya diambil oleh pemrintah desa setempat. Melalui pengabdian yang dilakukan dengan mmelibatkan pihak-pihak terkait dengan waktu serta sasaran yang jelas, maka hasil pengabdian menunjukan bahwa mitigasi bencana banjir merupakan salah satu hal yang penting dalam meminimalisir dampak yang ditimbulkan dari bencana banjir. Kendati pentingnya mitigasi bencana banjir namun masih kurang maksimal dilakukan, padahal salah satu priritas penggunaan dana desa adalah untuk mitigasi bencana. Salah satu hal yang mempengaruhi kurang maksimalnya mitigasi bencana banjir di desa Botumoito adalah minimnya dana desa yang dialokasikan untuk mitigasi banjir tersebut. Hal ini disebabkan karena dana desa lebih difokuskan pada penanganan pandemik Covid-19 sebagai bencana non-alam. Akan tetapi, terhadap pertanggungjawaban dana desa tersebut telah dilakukan sesuai dengan model publikasi yang ditetapkan oleh Permendesa Nomor 7 tahun 2021

    The Meaning Of Ultra Qui Judicat Principle And The Validity Of The Verdict In Criminal Cases

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    The prohibition for judges to not sentence the defendant if the act is not described carefully, clearly and completely in the indictment of the public prosecutor, it turns out that in practice in court, there are judges who deviate from the article charged by the public prosecutor. The judge's action is called the ultra qui judicat principle, that is deviating from what was charged. The main problem in this paper is about the meaning of the Ultra Qui Judicat Principle and the Validity of Decisions in Criminal Cases. The main problems will be analyzed using normative legal research methods using a case approach and data sources from laws and regulations. The results show that the Ultra Qui Judicat Principle is an act of a judge deciding a case by placing justice as the goal of being able to deviate from the indictment of the public prosecutor based on the facts of the trial. This principle then has a specificity in the form of this principle being devoted to judges in deciding criminal cases, the use of this principle emphasizes the justice of judges in deciding criminal cases, and the scope of this principle is found in the facts of the trial. Furthermore, in exploring the meaning or value of the Ultra Qui Judicat principle, it is done by analyzing a judge's verdict, approach to legal expert opinion, and reviewing the legislation
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