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Journal : QISTINA: Jurnal Multidisiplin Indonesia

Juridical Analysis of the 2024 Election Dispute and Its Implications for Democratic Integrity Rasji, Rasji; Fadloli, Muhammad; Najla, Tengku Amira
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 1 (2024): June 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i1.2466

Abstract

Popular sovereignty is usually explained in the constitution through the form of a popular government system or a democratic state. This means that the state in running its government follows the law (rule of law) and is not based solely on power without rules (authoritarian state). General elections are one of the main pillars of a healthy democratic system. This research is normative juridical legal research carried out by identifying and conceptualizing law as a real and functional social institution in real life. The approach used emphasizes empirical research by going directly into the field. The nature of this research is descriptive using a statutory approach and an analytical approach. As the holder of judicial power, the special judiciary must ensure the application of law and justice. The Special Election Court needs to have express authority to hear cases in its jurisdiction. It is necessary to consider whether a single body is in the capital city or per province. In the context of dispute resolution, there are also regulations regarding dispute resolution authority. This authority is not only limited to the jurisdiction of the judiciary, but is also given to parties who are mandated by statutory regulations to resolve disputes, both formally and informally. The same thing applies in resolving election disputes, where not only courts or judicial authorities have the authority to adjudicate, but also other institutions in accordance with applicable legal provisions.
Research Paper on Human Rights Protection for Women Workers on Leave Florencia, Cherlyne Baby; Chandra, Jessica; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.769

Abstract

Human Rights is a legal and normative concept which states that humans have their rights that are inherent in themselves, which are universal and can be applied anytime, anywhere and to anyone. In principle, human rights remain attached to women and men. Women as a group in society within a country, is a group that is also obliged to get guarantees for their basic rights, especially for female employees who work both in private companies and within the scope of government. Every human being has rights, including workers, one of which is obtaining the right to leave, namely the right for workers not to work for a certain period of time. Specifically for women, based on Law No. 13 of 2003, female workers have more rights to apply for leave, namely maternity leave and menstruation leave. There is a rule that female workers are entitled to leave during pregnancy at least 1.5 months before the expected date of delivery and 1.5 months after delivery. In addition, female workers are also entitled to 2 days of menstruation leave in each working month. Maternity rights are human rights that are specifically attached to women because of their reproductive functions, such as menstruation, pregnancy, childbirth and breastfeeding. The results show that government regulations are very helpful in reducing the productivity of women during pregnancy and menstruation.
Juridical Analysis of Abortion Cases According to Legal Perspective on Human Rights According to Law Number 39 of 1999 Article 52 Paragraph (2) Fatimatuzzahra, Fatimatuzzahra; Nazhimah, Shafira; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.822

Abstract

Abortion is a procedure that is done intentionally to terminate the pregnancy before the fetus can live outside the womb. The purpose of this research is to find out about the regulation of abortion according to Indonesian laws and also to find out about abortion from the perspective of human rights (HAM) in Indonesia. This study intends to analyze the law relating to the Law Article 75 paragraph (1) and paragraph (2) of Law No. 36 of 2009 concerning abortion rules and provisions permissible to have an abortion. The research conducted is normative research with a conceptual approach which focuses on understanding how important it is for people who have abortions and according to Law no. 39 of 1999 concerning Human Rights on the right to life of the fetus states that from the time the fetus is in the womb, the fetus has the right to live, maintain life and improve its standard of living and since birth has the right to a name and citizenship status.
Review of Land Ownership Certificate Dispute Settlement Based on Kupang PTUN Decision Number 42/G/2023/PTUN.KPG Suryani, Cendana; Hartono, Margareta Kristiani; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 1 (2024): June 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i1.2417

Abstract

Agricultural issues are complex and sensitive problems that affect many aspects of life, including social, economic, political, and psychological aspects. Land disputes are a recurring and relevant topic. Obtaining land as a capital for various needs along with population growth, development trends, and access to various parties. Ways to resolve land disputes can be done through mediation, arbitration, or litigation. Mediation is the preferred method because it is a family matter and does not require a large cost. Arbitration is a method of resolving disputes outside the court with a neutral third party as an arbitrator. Litigation is a method of resolving disputes through the court, and it is the last resort. The research method used is through the use of primary data, namely mediation data and legal documents related to land disputes for a total of people. The Minister of Agriculture and Plantation Regulation No. 11 and the Director General of the National Land Agency in 2016 on Land Dispute Resolution states that land disputes can be resolved both within and outside the court.
Application of Income Tax on Foreign Workers in Indonesia Aulia, Riska; Putri, Belicia Widhyana Yulia; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.863

Abstract

The presence of foreign workers working in Indonesia creates rights and obligations for the foreign workers themselves. These rights and obligations are regulated by the laws and regulations in force in Indonesia, including rules relating to taxation. Foreign workers who are in Indonesia can become tax law subjects in Indonesia, so that their rights and obligations in the field of taxation apply. In order for legal regulations in the field of taxation to be implemented properly, efforts are needed to apply income tax laws to foreign workers who work in Indonesia. This paper discusses the legal basis for the imposition of income tax for foreign workers in Indonesia and the forms of accountability for violators of income tax arrangements for foreign workers in Indonesia. Based on this writing, foreign workers are a subject of income tax in Indonesia and can be subject to domestic tax or foreign tax subject. The determination is based on how long they have been in Indonesia, because they get income for what they do in Indonesia. Meanwhile, if there is an abuse related to income tax against foreign workers, in this case the tax deduction is carried out by the company where the foreign worker works, then the person who gets the sanction for the occurrence of the fraud is the party who withheld the income tax.
Implementation of General Principles of Good Government in Decision Number 8/G/2013/PTUN-KPG Rasji, Rasji; Tanujaya, Calista Putri; Rigel, Rigel
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 1 (2024): June 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i1.2429

Abstract

Law Number 5 of 1986 concerning State Administrative Courts was established to be a guide for everyone in carrying out justice involving State Administrative Disputes. The juridical control that the PTUN has over State Administrative Decisions can reflect the implementation of government affairs by statutory regulations. The State Administrative Court which acts as an institution of judicial power which is directly under the Supreme Court (MA) must of course provide justice in the community as a public servant so that a balance is maintained between a person and other public interests and upholds the rights of the community to provide certainty. law. PTUN is also obliged to uphold the implementation of good governance. The General Principles of Good Government are one of the foundations for creating justice in resolving State Administrative Disputes and as a guideline in issuing various decisions that will be issued by government officials. The application of the principle of legal certainty in deciding a case is one of the important requirements that must be implemented by the Panel of Judges. Law Number 30 of 2014 concerning Government Administration provides an expansion of the PTUN's authority to examine and decide regarding deviations in the implementation of the AUPB. This writing aims to see whether the AUPB has been implemented properly in the issuance of State Administrative Decrees. The data we will examine in this writing is the Kupang State Administrative Court Decision Number 8/G/2013/PTUN-KPG.
Implications of the Implementation of a Carbon Tax on Investment and Economic Growth in Indonesia Rasji, Rasji; Effendi, Kevin Noble; Wafi, Auzan
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.1259

Abstract

Law Number 21 of 2021 concerning Harmonization of Tax Regulations is a form of renewal of various tax policies which has added a new tax object, namely carbon tax. However, the implementation of this regulation raises several problems, such as the increase in electricity prices that rely on Steam Powered Power Plants (PLTU), which can have an impact on companies' investment interest. Apart from that, the implementation of the carbon tax itself does not yet have a clear legal umbrella regarding setting emission limits, the percentage of emissions that can be traded and subject to carbon tax, and regulations related to the object and subject of the tax. The research analysis used is qualitative analysis, namely collecting data from various types of literature from which conclusions will then be obtained and become research results. The approach used is an empirical approach, namely looking at how the law operates in a society. Legal uncertainty surrounding carbon taxes and frequent policy changes can discourage investment. If companies feel uncertain about the future of carbon tax policy, this may influence investment decisions. So the Government needs to mitigate this, for example by considering compensation or incentive programs. Companies that invest in green technologies may be given tax incentives or financial assistance to mitigate the additional tax burden that may arise from a carbon tax
Constitution and Constitutionalism in Indonesia Rasji, Rasji; Howard, Christopher; Rukmana, Kevin; Anggitha, Fricila
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.854

Abstract

As a constitutional state, of course the constitution is the basis for a state in carrying out state administration. This is also something that is happening in Indonesia considering that Indonesia is a constitutional state. In order for a constitution to move and function as it should, of course there needs to be constitutionalism which becomes a principle that can animate the constitution. This causes constitution and constitutionalism to be closely related. What's more, its implementation in Indonesia is very clear, namely with the restrictions on power that occur in Indonesia.
Legal Protection Efforts for Taxpayers in the Tax Dispute Resolution Mechanism Nugroho, Hizkia Ivan; Lestari, Novianti; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 2, No 2 (2023): December 2023
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v2i2.811

Abstract

Tax is one of the income of the state treasury as an instrument of development with the ultimate goal of people's welfare and prosperity. Rather than that, paying taxes is a mandatory payment for all Indonesian citizens which is coercive by using a self-assessment system that focuses on taxpayer awareness in determining the amount of tax owed to taxpayers. Over time, many tax disputes have occurred in Indonesia. A tax dispute is a problem that arises as a result of a discrepancy in terms of tax collection with tax regulations, causing a dispute regarding the implementation of tax regulations. Legal protection for taxpayers in the settlement of tax disputes based on the taxation law also serves as the basis and legal basis for the parties to resolve tax disputes. Then the parties involved in the tax dispute are the taxpayer and the Directorate General of Taxes (DGT). With the existence of tax disputes, efforts to protect tax law arise which can be resolved by various dispute resolution mechanisms, namely filing lawsuits, appeals, arbitration, review, and arbitration. As, the role of institutions such as tax courts and arbitration bodies in providing legal protection to taxpayers in tax disputes.
The Relevance of Law Enforcement and Human Rights in the Perception of the Indonesian Constitution Sitompoel, Yervant T. S; Vera, Vionna Vetty; Rasji, Rasji
QISTINA: Jurnal Multidisiplin Indonesia Vol 3, No 1 (2024): June 2024
Publisher : CV. Rayyan Dwi Bharata

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57235/qistina.v3i1.2365

Abstract

Human rights are something that humans have and are inherent in a person from birth. Human rights are fundamental rights that cannot be taken away or revoked. Human rights must also be respected, maintained and guarded by the state, law, government and everyone for honor. The relationship between human rights and the state is very close and interconnected and cannot be separated because law functions to protect human rights, apart from that, all human behavior in a country is always based on law. The constitution itself is the highest law in Indonesia and is the basis for the protection and enforcement of human rights in Indonesia. The method used in this research is a normative legal research method. In this descriptive research, the type of data used is secondary data collected through literature study, which is analyzed qualitatively, using a statutory approach. In the law there is a regulation of rights, and in human rights the legal protection is written. So the relationship between the two is related to each other and complements each other. Therefore, efforts are needed to increase public understanding and awareness of human rights and strengthen the institutions that play a role in upholding law and human rights in Indonesia. Apart from that, efforts need to be made to adopt progressive policies in advancing human rights and ensuring their protection in accordance with the constitution. Thus, it is hoped that the constitution can become an effective instrument in guaranteeing and upholding human rights in Indonesia.
Co-Authors Ade Putra F Sumbara Alsabilah, Zahra Anggitha, Fricila Apriza, Nathania Augustin, Agatha Aulia, Riska Aurelia, Jessica Beale, Aurelius Steven Budiman, Eunike Kathryn Chandra, Clarissa Mayella Chandra, Jessica Chen, Zefanya Angellin Cherieshta, Jocelyn Claudia, Jennifer Clementino Moningka, Yosia Damanik, Gabriel Yericho Davin, Auliadi Achmad Effendi, Kevin Noble Endang Lestari Evelyn Millechen Fadloli, Muhammad Fatimatuzzahra Fatimatuzzahra Febriany, Febriany Florencia, Cherlyne Baby Harahap, Abi Hamdalah Sorimuda Hartono, Margareta Kristiani Hasta, Baharuddin Jusuf Habibie Hong, Carissa Patricia Hotma Elisa Irene Siahaan Howard, Christopher Jonatan, Frangky Jonathan, Edward Jovian, Erland Juwita, Dhiny Ellen Lestari, Novianti Maharani, Shavira Ardita Marina Marina Michael Michael Michellena, Michellena Najla, Tengku Amira Natasya Mauly N, Denayu Nathasya, Nathasya Nazhimah, Shafira Nugroho, Hizkia Ivan Oktavian, Ivan Danara Patricia, Viane Purba, Nanda Divabuena Putra, Louis Sebastian Anot Putri, Audrey Bilbina Putri, Belicia Widhyana Yulia Putri, Sanny Nuyessy Quinn, Luverne Pujian Refalia, Salsa Rigel, Rigel Rudijanto, Maria Natasha Rukmana, Kevin Rusli, Vennia Neshya Sepriani, Sarnida Serena, Michelle Audrey Setiawaty, Tiffany Silvia Cahyadi Simarmata, Michael Kalep Singhs, Arief Dermawan Siswanto, Vivienne Olivia Sitompoel, Yervant T. S Sulistio, Felicia Amanda Suryani, Cendana Syamila, Najma Tanujaya, Calista Putri Vanessa Vanessa Vaustine, Griselda Vera, Vionna Vetty Wafi, Auzan Wonohadidjojo, Christopher Howard Yetmiaty, Yetmiaty Yulian, Fransisca Chatharina Yulyana, Devy Zimah, Amelia Abdullah