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All Journal Lex Scientia Law Review Progressive Law Review Seminar Nasional Hukum Universitas Negeri Semarang Law Research Review Quarterly
Fauzia, Ana
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Law, Crime, Criminology & Criminal Justice Social Sciences

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Legal Discourse: The Spirit of Democracy and Human Rights Post Simultaneous Regional Elections 2020 in the Covid-19 Pandemic Era Hamdani, Fathul; Fauzia, Ana
Lex Scientia Law Review Vol 5 No 1 (2021): Legal Certainty and Challenges of Legal Protection Guarantee in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i1.45887

Abstract

The implementation of these simultaneous regional elections is certainly a separate discourse that is interesting to be learned, especially concerning the enforcement of democracy and human rights. The main objectives of this research focus on the analysis related to the relationship between democracy and human rights, the fundamental dignity of democracy and human rights after the implementation of the regional leader’s elections in 2020, and also the government’s responsibility in case of an increase in cases of Covid-19 resulting from the implementation of simultaneous regional elections. In this research, the method used is normative juridical using statutory, conceptual, and historical approaches. The research results centered on a conception of democracy and human rights as a conception of humanity born from the history of human civilization. This conception of human rights and democracy in its development is significantly related to the conception of state law. Thus, the existence of Indonesia as a legal state places the law as a hierarchicalunity of the legal norms that culminate in the constitution, and the constitution has clearly and clearly stated in Article 28I paragraph (4) of the Constitution that: “The protection, promotion, enforcement, and fulfillment of human rights is the responsibility of the state, especially the government." Therefore, the state is responsible for ensuring the enforcement of the human rights of citizens, especially after the implementation of the 2020 regional leader elections (hereinafter as pilkada) amid the Covid-19 pandemic era.
THE REVITALIZATION OF THE INDONESIAN LEGAL SYSTEM IN THE ORDER OF REALIZING THE IDEAL STATE LAW Fauzia, Ana; Hamdani, Fathul; Octavia, Deva
Progressive Law Review Vol 3 No 01 (2021): April
Publisher : Faculty of Law-Universitas Bandar Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36448/plr.v3i01.46

Abstract

It can be called that the dynamics of national and state life in Indonesia are increasingly being tested by the same problem. For example, an outbreak of judicial corruption from the time to time, which was never ending. Law enforcers who are echoed as honorable professions, but on the other hand, these are exacerbated by the corrupt behavior of those professions. The sale and purchase of a case is no longer viewed as taboo, indeed it just looks like proper. Which means, it is a kind of a sign that the various legal regulations that normatively regulate the entire judicial process are ultimately unable to overcome the judicial corruption. The main objective of this research focuses on analysis related to efforts to revitalize the legal system in order to create an ideal rule of law as stated by Lawrance Friedman in his book namely "The Legal System: A Social Science Perspective". In this research, the method used is normative juridical using statutory, conceptual and historical approaches. The results of the research present an idea which is divided into three according to the three elements in the formation of a rule of law according to Lawrance Friedman, namely legal substance, legal structure, and legal culture. With regard to legal substance, the author provides the idea of a judicial preview as a method of validating the constitutionality of laws. Then related to the legal structure, the author provides ideas related to efforts to build morality and professionalism of law enforcement officials. Meanwhile, in terms of legal culture, the author provides ideas related to efforts to build a legal culture in society that is aware of the law and the constitution.
Upaya Penegakan Hukum dan HAM Melalui One Health Approach dan Law Enforcement Fauzia, Ana
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 6 No. 1 (2020): Dinamika Hukum dan HAM di Era Pandemi Covid: Simposium Nasional Hukum
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v6i1.539

Abstract

Penyebaran virus Covid-19 di Indonesia semakin memprihatinkan. Begitu banyak hak asasi masyarakat yang terabaikan karena terdegradasi oleh penegakan hukum yang justru tidak terfokus secara linear atas tujuan awal penanggulangan virus covid-19. Sehingga, tak jarang penanggulangannya hanya melalui kebijakan yang bersifat normatif bukan sosiologis. Tujuan utama penelitian ini berfokus kepada kepastian hukum terkait perhatian besar pemerintah terhadap latar belakang mengapa kasus covid-19 ini tak kunjung usai. Karena tak bisa dipungkiri, berkenaan dengan penegakan HAM di masa pandemi, maka kebijakan yang dikeluarkan sudah selayaknya adalah kebijakan intensif yang berkaitan dengan pemulihan kualitas kesehatan masyarakat, terutama terkait fasilitas kesehatan yang tentunya akan terintegrasi dengan kualitas kesehatan internal dari masyarakat. Metode yang digunakan dalam penelitian ini adalah yuridis normatif dengan menggunakan pendekatan perundang-undangan, konseptual dan historis. Pembahasan dalam penelitian ini yaitu analisis terkait faktor yang melatarbelakangi rendahnya kualitas kesehatan dari masyarakat selain dari fasilitas kesehatan, namun juga lingkungan. Hingga perlu kebijakan penegakan hukum dan HAM untuk membuat kebijakan peraturan secara resmi agar penanganannya bukan hanya oleh lembaga penegak hukum saja, namun juga membutuhkan kerjasama dan aksi kolektif lintas profesi dan lintas disiplin (interprofesional dan transprofesional) secara horisontal maupun vertikal. Namun, untuk membuat hal tersebut dapat terlaksana secara optimal maka perlu legalitas hukum dari pemerintah untuk membuat peraturan. Berawal dari kebijakan intensif terkait one health approach agar dapat dilakukan eksekusi yang optimal terhadap kualitas kesehatan masyarakat.
Penegakan Miranda Principles Melalui Pemberian Bantuan Hukum Pendampingan di Masa Pandemi Covid-19: Enforcement of the Miranda Principles through Providing Legal Assistance during the Covid-19 Pandemic Fauzia, Ana; Hamdani, Fathul
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.699

Abstract

The accommodation of universal principles in the Miranda Principles into the Indonesian national legal system, as reflected in the formulation of articles of the Criminal Procedure Code such as Article 54, Article 55, Article 56 paragraph (1), and Article 114 of the Criminal Procedure Code, as well as in other legal products such as the Law No. 39 of 1999 and Law no. 12 of 2005, it is a necessity to enforce these principles, and one of them is through the provision of legal assistance. Although formally, the provision of legal assistance has been regulated in the Indonesian legal system, but the provision of legal assistance doesn't always run as it should in practice, especially during the current Covid-19 pandemic. The main purpose of this study focuses on an analysis related to the extent to which legal assistance is provided in upholding the Miranda Principles, as well as how to optimize the provision of legal assistance during the Covid-19 pandemic in the context of protecting citizens' constitutional rights. In this study, the method used is normative research using a statutory, conceptual, and case approach. The results of the study indicate that the enforcement of the Miranda Principles through the provision of legal aid assistance has not been optimal yet. So that, the repressive approach is still needed, such as giving administrative sanctions to lawyers who still haven't carry out their obligations optimally in providing legal assistance.
Pendekatan Socio-Cultural dalam Pelaksanaan Vaksinasi Covid-19 di Indonesia: Socio-Cultural Approach in the Implementation of Covid-19 Vaccination in Indonesia Fauzia, Ana; Hamdani, Fathul
Seminar Nasional Hukum Universitas Negeri Semarang Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di
Publisher : Fakultas Hukum Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/snhunnes.v7i1.709

Abstract

One of the causes of the widespread transmission of the Covid-19 virus is that many people are ignorant of health protocols so that the outbreak develops into a national and global pandemic. The public's ignorance of the instructions from the government also arises because of the low level of public trust in the government, especially with the emergence of various problems, one of which is the corruption case within the ministry that ensnared two active ministers of the Advanced Indonesia Cabinet (Kabinet Indonesia Maju). In the context of the implementation of vaccination, the government actually took a coercive approach, namely with the emergence of Presidential Decree no. 14 of 2021 which regulates sanctions for delaying or terminating social guarantee for people who receive vaccines but refuse vaccination. The purpose of this study is to analyze the correlation between the approach taken by the government and the level of people compliance in vaccinating and provide an analysis of the socio-cultural approach in the implementation of the Covid-19 vaccination. The research method used is normative law research using legislation, conceptual, and case approaches. The results of the study indicate that the success of vaccination is very dependent on the approach taken by the government, one of which is a collaborative socio-cultural approach and involving public figure or religious leaders as health agents is very important to do to educate the public about the dangers of Covid-19 and the effectiveness of vaccines.
Legal Discourse: The Spirit of Democracy and Human Rights Post Simultaneous Regional Elections 2020 in the Covid-19 Pandemic Era Hamdani, Fathul; Fauzia, Ana
Lex Scientia Law Review Vol 5 No 1 (2021): Legal Certainty and Challenges of Legal Protection Guarantee in Indonesia
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lesrev.v5i1.45887

Abstract

The implementation of these simultaneous regional elections is certainly a separate discourse that is interesting to be learned, especially concerning the enforcement of democracy and human rights. The main objectives of this research focus on the analysis related to the relationship between democracy and human rights, the fundamental dignity of democracy and human rights after the implementation of the regional leader’s elections in 2020, and also the government’s responsibility in case of an increase in cases of Covid-19 resulting from the implementation of simultaneous regional elections. In this research, the method used is normative juridical using statutory, conceptual, and historical approaches. The research results centered on a conception of democracy and human rights as a conception of humanity born from the history of human civilization. This conception of human rights and democracy in its development is significantly related to the conception of state law. Thus, the existence of Indonesia as a legal state places the law as a hierarchicalunity of the legal norms that culminate in the constitution, and the constitution has clearly and clearly stated in Article 28I paragraph (4) of the Constitution that: “The protection, promotion, enforcement, and fulfillment of human rights is the responsibility of the state, especially the government." Therefore, the state is responsible for ensuring the enforcement of the human rights of citizens, especially after the implementation of the 2020 regional leader elections (hereinafter as pilkada) amid the Covid-19 pandemic era.
Constitutionality of Implementing Asymmetric Lockdown (Regional Quarantine) When Covid-19 Increases to Accelerate Health Emergency Management Fauzia, Ana; Al Khori, Bayu Yusya Uwaiz; Rahayu, Puji
Law Research Review Quarterly Vol 8 No 1 (2022): Various Legal Issues and Its Complexity to Global Perspective
Publisher : Faculty of Law Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/lrrq.v8i1.54359

Abstract

The constitution is the basis for all the space for a country to move, whether the country is in normal or abnormal conditions. It based on the constitution as the basic norm that is the highest guideline for a country. In the case of an abnormal state, Posner explains that there is flexibility needed to deal with abnormal conditions in the constitution. Indonesia declared the country's status in a health emergency based on Presidential Decree Number 11 of 2020 on the Determination of a Corona Virus Disease Public Health Emergency and Government Regulation In Lieu Of Law Number 1 of 2020 on State Financial Policy and Financial System Stability for Handling the Corona Virus Disease (Covid-19) Pandemic and/or In Facing Threats That Endanger the National Economy and/or Financial System Stability that cause the economy to decline and conflict in society. The government is faced with policy choices in dealing with this Covid. In Indonesia, the real meaning of lockdown is regional quarantine. The area quarantine itself is regulated in Law Number 6 of 2018 on Health Quarantine (Health Quarantine Law). Although Indonesia has been able to adapt to Covid-19, it is possible that in the future there will be a genetic mutation of this virus, causing an increase in the spread of Covid-19. Therefore, before there is a spike in Covid-19 in the future, it must be clear in the division of authority both in the central government and regional governments regarding the lockdown (regional quarantine).
Co-Authors Al Khori, Bayu Yusya Uwaiz Hamdani, Fathul Octavia, Deva Puji Rahayu