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Miran Miran

Universitas Diponegoro Semarang, Indonesia

Author-ID : 5332479

Humanities Astronomy Biochemistry, Genetics & Molecular Biology Chemistry Computer Science & IT Decision Sciences, Operations Research & Management Earth & Planetary Sciences Economics, Econometrics & Finance Energy Environmental Science Immunology & microbiology Law, Crime, Criminology & Criminal Justice Library & Information Science Materials Science & Nanotechnology Neuroscience Physics Social Sciences

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Articles

Omnibus Law dalam Perspektif Hukum dan Politik Miran Miran; Doharman Lumban Tungkup; Fadjrin Wira Perdana; Irwan Irwan; Joko Setiono
Jurnal Indonesia Sosial Sains Vol. 3 No. 08 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Omnibus law is a concept that is considered to be able to reduce state problems in the legal obesity aspect so that the government administration process becomes easier and has the ability to attract many foreign investors to improve people's welfare. For this reason, researchers want to find out more about omnibus law from a legal and political perspective. This research uses a descriptive qualitative type with data collection techniques using a normative juridical literature study. The results of the study show that omnibus law meets legal standards regarding the substance, structure and legal culture assessed from the legal aspect. Meanwhile, in the political field, it is known that the omnibus law has substance that is in accordance with the purpose of its formation as well as a long drafting process so that legal politics is carried out to facilitate the process of drafting up to the issuance of the Job Creation Act.

Omnibus Law Undang-Undang Cipta Kerja dalam Perspektif Sosiologi Hukum Fadjrin Wira Perdana; Irwan Irwan; Doharman Lumban Tungkup; Miran Miran; Wahyudi Siswanto
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Omnibus Law is a method of legislation that combines various types of laws into one specific law to resolve statutory problems. One of the products of the Omnibus Law is the birth of the work copyright law which has caused a lot of polemics because it is considered a new legal policy in the formation of law in Indonesia. The purpose of this study is to examine the omnibus law, especially the Job Creation Act from the perspective of the sociology of law. This study uses a descriptive research method with a qualitative approach. Data was collected using a literature study. The results showed that the drafting of the Omnibus Law on the Job Creation Act did not heed sociological principles so it received resistance or rejection from the community component. One of the objectives of the establishment of the Omnibus Law on Job Creation is to support the economy and make it easier for investors to invest. This is very vulnerable to corrupt practices, therefore the government is urged to pay attention to the problem of eradicating corruption and related to human rights.

Identifikasi Berbagai Masalah Yuridis dalam Formulasi Perundang-Undangan Pidana Sri Kartini; Fadjrin Wira Perdana; Irwan Irwan; Doharmam Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Criminal law contains several regulations containing prohibitions and requirements determined by the state and if these are violated, they are accompanied by criminal threats. Acts against the law in criminal law are regulated in the Criminal Code (KUHP), while criminal laws outside the Criminal Code are referred to as special crimes. However, several policies on the formulation of criminal provisions contain juridical problems. The purpose of this research is to identify various juridical problems in the formulation of criminal legislation. The research method used in this research is descriptive with a qualitative approach. The results of the study indicate that the identification of various juridical problems in the formulation of legislation includes 1) Juridical Formulation Problems in Provisions of 5 Special Laws outside the Criminal Code; 2) The problem of not determining the formulation of the offense as a "crime or violation"; 3) Juridical Consequences/ Implications That Arise in Determining the Formulation of the Offense. This has a juridical impact in the form of not being able to apply the general rules in Book I (Chapters I-VIII) of the Criminal Code against criminal acts regulated in five special laws outside the Criminal Code.

Hukum Tajam Ke Bawah Tumpul Ke Atas (Perspektif Sosiologis Penegakan Hukum di Indonesia) Irwan Irwan; Fadjrin Wira Perdana; Doharman Lumban Tungkup; Miran Miran; Suteki Suteki
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Weak law enforcement and equitable development as well as other discriminatory treatments still occur in the implementation of minority rights in Indonesia. The purpose of this research is to examine law enforcement "sharp down, blunt up" from a sociological legal perspective. This study uses a descriptive research method with a qualitative approach. Data collection was carried out by studying literature from previous studies, then used to analyze the phenomenon of legal decisions in Indonesia. The phenomenon of law sharp downwards and blunt upwards is the reality of law enforcement caused by legal practices that are oriented towards justice. Efforts to realize material (substantive) justice in law enforcement (criminal) in court, can be provided through a legal pluralism approach and the ability of judges to evaluate laws. Law enforcement must be carried out appropriately and effectively to measure the success of the state. The running Indonesian state of law must also pay attention to aspects of divinity, humanity, deliberation, and justice.

Pengaruh Implementasi Hukum Pidana Tehadap Peningkatan Keamanan dan Ketertiban Masyarakat Yohan Wibisono; Fadjrin Wira Perdana; Irwan Irwan; Doharmam Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

The state has an obligation to create a safe and orderly environment for every citizen. Order and security can form a society with character, mental health and ready to compete in the international realm. This is because the environment has a strong influence on transferring character to each individual. This situation can be realized if the criminal law in Indonesia is enforced properly. Unfortunately, law enforcement sometimes fluctuates so that people are restless and criminals continue to carry out their actions. For this reason, this research was conducted to determine the effect of the implementation of criminal law on increasing public security and order. The research method used is descriptive qualitative research with observation interviews and questionnaires distributed through gform. The results of this study indicate that the implementation of criminal law has a positive effect on increasing public security and order.

Analisis Peraturan Presiden Mengenai Investasi pada Bidang Usaha Minuman Keras dalam Perspektif Hukum Moral dan Agama Surnata Surnata; Fadjrin Wira Perdana; Irwan Irwan; Doharmam Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 06 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

The president as an executive agency can make regulations called presidential regulations (Perpres). The formation of the Presidential Regulation is used as a guideline by citizens in carrying out their daily lives. Unfortunately, not all presidential regulations are in line with religion and moral law so that they get pros and cons from the public, as is the case with Presidential Decree No. 10 of 2021 concerning the Investment Business Sector, to be precise in appendix 2 regarding liquor investment. This study was conducted to analyze the presidential regulation from the perspective of moral and religious law. This research was conducted with a qualitative approach through the type of normative juridical research and delivered descriptively. The technique of collecting data is through literature review, interviews, observation and distributing questionnaires through the g-form. Based on the results of the study, it is known that Presidential Decree No. 10 of 2021 concerning the Investment Business Sector, precisely in Appendix 2 regarding investment in liquor is contrary to Islamic religious law. Whereas in the moral law there are pros and cons, the cons are more than the pros. This is proven by the repeal of this Presidential Regulation and the issuance of Government Regulation No. 49 of 2021 regarding Amendments to Presidential Regulation No. 10 of 2021 concerning the Investment Business Sector.

Analisis Implementasi Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Kodrat Alam; Fadjrin Wira Perdana; Irwan Irwan; Doharman Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

The stipulation of the Omnibus Law on the Job Creation Act as a regulation that regulates various sectors aims to improve the investment climate and willingness to establish a business in Indonesia in order to create wider job opportunities so that it can absorb more of the workforce. But in fact, the enactment of the Job Creation Law has actually caused a lot of turmoil and demonstrations in various regions in Indonesia because there are articles that are considered contradictory and can degrade rights and welfare, ignore environmental sustainability and the sustainability of living together. The purpose of this research is to look at the implementation of the Job Creation Act after it is legal as a law. This study uses a juridical-normative qualitative method with a statutory approach, a conceptual approach and a historical approach. The results of this study show that there are at least 7 sectors or clusters that get enough attention because the contents of the articles in them are said to be quite controversial. These clusters include the Investment and Business Activity Ecosystem Improvement cluster, the Employment Cluster Ease, Protection, and Empowerment of Cooperatives, Enterprises, Micro, Small and Medium Enterprises, the Ease of Doing Business cluster, the Research and Innovation Support cluster, the Land Acquisition cluster, and the Government Administration Implementation cluster.

Identifikasi Benturan Kebiasaan Masyarakat Badui Dengan Hukum Positif Indonesia Monica Amanda; Fadjrin Wira Perdana; Irwan Irwan; Doharman Lumban Tungkup; Miran Miran
Jurnal Indonesia Sosial Sains Vol. 3 No. 07 (2022): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

The Badui tribe is one of the indigenous tribes in Indonesia that still survives to this day. Geographically, the Badui tribe is close to the national capital. However, this does not necessarily make the Badui tribe eliminate the customs and laws that apply to the tribe, so it often clashes with positive law in Indonesia. This study aims to identify the clash of Badui habits with positive Indonesian law. The qualitative approach method was used to collect data and analysis. Data were collected by observation and literature study. The results show that the clash between the habits that develop in the Badui community and the provisions of positive law is a factual condition that occurs in society. For this reason, it is essential to carry out legal acculturation so that the Badui Customary Law can run in harmony with positive Indonesian law.

Co-Authors Doharman Lumban Tungkup Fadjrin Wira Perdana Irwan Irwan Joko Setiono Kodrat Alam Monica Amanda Sri Kartini Surnata, Surnata Suteki Suteki Wahyudi Siswanto Yohan Wibisono

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