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Law No. 18 Year 2003 Concerning Advocacy: Effectiveness Of Immunity Rights In Defending Clients Nana Supiana; Evita Isretno Israhadi; Megawati Barthos
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (323.703 KB) | DOI: 10.57096/edunity.v1i05.31

Abstract

In carrying out their profession, advocates have the right to obtain information, data, and other documents needed to defend the interests of their clients, both from government agencies and other parties related to these interests. Advocates are free and without fear of issuing opinions or statements in court proceedings to defend the case for which they are responsible. Law on Advocates Number 18 of 2003 is to equalize the status of the Advocate profession with other legal professions Advocates as a vital element in the search for material truth in the judicial process, especially from the point of view of the client's legal interests. The regulation is intended to protect the public from legal services provided by advocates that are substandard. Law on Advocates Number 18 of 2003, also provides the right of immunity (immunity) to carry out their professional duties, and the interests of clients who are defended. The regulation regarding the immunity rights of advocates in Law no. 18 of 2003 Law on Advocates.
Juridical Review of Criminal Sanctions Against Perpetrators of Intellectual Property Rights Violations Fransisca Dewi Zion; Evita Isretno Israhadi; Ahmad Redi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (367.746 KB) | DOI: 10.57096/edunity.v1i05.37

Abstract

Copyright is the exclusive right of the Creator or Copyright Holder to regulate the use of the results of casting specific ideas or information. Copyright applies to various types of works of art or copyrighted works. With the existence of Law Number 28 of 2014 concerning Copyright, it is hoped that it will facilitate proof in copyright disputes, especially in works of art, as well as the originality of ideas, content, and digital products.
Analysis Of Land Disputes Arising From Land Procurement Activities In The Development Of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition Askolani Jasi; Evita Isretno Israhadi; Riswadi Riswadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (371.27 KB) | DOI: 10.57096/edunity.v1i05.40

Abstract

The phenomenon of the pros and cons of the Cipta Field or Omnibus Law regulations, for those who are pro, is the right solution to address the problem of overlapping laws and regulations in Indonesia. Whereas those who are against, think that the omnibus law plan is seen as an effort to delegitimize the rights of every sector of national life, especially regarding employment and other sectors that may be affected by its implementation. Thus, the implementation of the Omnibus Law must be seen from various aspects, including legal theory and more technical aspects of state administrative law in the Unitary State of the Republic of Indonesia
Analysis of Land Disputes Arising from Land Procurement Activities in the Development of Public Facilities And Infrastructure (Review of Law Number 2 of 2012 concerning Land Acquisition) Ryan Rainhard Marchello; Evita Isretno Israhadi; Suparno Suparno
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (425.759 KB) | DOI: 10.57096/edunity.v1i05.41

Abstract

Land as a living space with all the people has a social function that must be able to maintain a balance between individual interests, social interests, and the interests of the state. Infrastructure development in the frame of public interest is closely related to land as the medium. So that land and development activities are a unit that cannot be separated from each other. The consequences of this have implications for the existence of land procurement for the public interest (land procurement for public interest) in realizing the welfare of the lives of its citizens who are just and prosperous equally as the goal of being an Indonesian state as stated in the fourth paragraph of the 1945 Constitution of the Republic of Indonesia. The study shows the implementation of land acquisition that is not by applicable legal procedures, the occurrence of maladministration and implementation errors such as lack of socialization, not involving all land rights holders, and there is no dialogue process between the parties before determining the location of the development, compensation that does not accommodate all non-physical needs of society. This error caused a dispute in the infrastructure development process because it was not by the mandate of Law Number 12 of 2012 concerning Land Procurement for Development in the Public Interest.
Juridical Overview of Misappropriation of Medical Devices Procurement Budget By Hospitals Leti Ratna Kusumawati; Zudan Arief Fakrulloh; Evita Isretno Israhadi
Edunity Kajian Ilmu Sosial dan Pendidikan Vol. 2 No. 1 (2023): Edunity : Social and Educational Studies
Publisher : Publikasiku

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (580.856 KB) | DOI: 10.57096/edunity.v1i05.45

Abstract

The existence of corruption in Indonesia is alarming, the increase in corruption cases has brought misery to the community so its existence must be eradicated. The Corruption Eradication Commission as the institution for eradicating corruption in Indonesia must be responsive and participate in supervising every activity related to budgeting for state needs, to ensure the actual realization of budgeting. Based on the Decree of the Head of the Madiun District Health Office Number: 188.45/1464/KPTS/402.102/2011, the judge considered that the actions taken by the defendant fulfilled all the elements of Article 3 of Law Number 31 of 1999 concerning the Eradication of Corruption Crimes in conjunction with Article 55 paragraph ( 1) item 1 of the Criminal Code (KUHP). Even though the Public Prosecutor charged the defendant with Article 2 of Law Number 20 of 2001, the Judge considered that the Public Prosecutor could not prove the "unlawful" element of what the defendant did. Therefore, based on facts and analogies, the Judge judged that Article 3 was appropriate to be applied. The application of criminal sanctions against people as perpetrators of criminal acts of corruption is what has been regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001. However, the formulation of sanctions in several articles in Law Number 20 of 2001 contradicted the general provisions regarding sanctions regulated in the Criminal Code (KUHP).
Satreskrim Police Performance in Handling Land Crimes Suhadi Rizki Herdianto; Evita Isretno Israhadi; Riswadi Riswadi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 1 No. 2 (2022): Injurity : Interdiciplinary Journal and Humanity
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1077.392 KB) | DOI: 10.58631/injurity.v2i1.15

Abstract

The main task of the State Police of the Republic of Indonesia is to maintain public security and order, to provide protection, protection, and services as well as to enforce the law as regulated in Chapter III Article 13 of Law Number 2 of 2002 concerning the main tasks of the Indonesian National Police. The law is the entire code of conduct that applies in common life, containing alluring rules that can be imposed with a sanction. The law implementation can take place formally and peacefully, but it can also occur because violations of the law must be enforced. Law enforcement by the police also includes criminal acts that occur in land dispute cases found in police jurisdictions throughout Indonesia.
The Responsibility of Social Welfare Institutions in the Implementation of Collecting Money or Goods in the Digital Era Yadhy Cahyady; Evita Isretno Israhadi
Interdiciplinary Journal and Hummanity Vol. 2 No. 2 (2023): Injurity : Interdiciplinary Journal and Humanity
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (1109.31 KB) | DOI: 10.58631/injurity.v2i2.39

Abstract

ABSTRACT The implementation of the collection of money or goods is carried out by the community through legal entity social organizations, consisting of associations or foundations. The organization of the collection of money or goods must be obtained a permit from the minister who organizes government affairs in the social sector, governor, or regent/mayor in accordance with their authorities, with the requirements, including that they must attach a registration document of a social welfare institution. In this digital era, the implementation of money or goods collection is mostly performed through digital applications, electronic money services, and social media. In order to organize the collection of money or goods, the licensed organizer is obliged to provide a report along with the progress report. Furthermore, the monitoring process is carried out by the government's internal supervisory officers, the curbing task force, and the community. The normative juridical method is used in this research, with a statutory approach based on secondary data obtained through document studies. Then, it would be analyzed using deductive logic. The legal issues in this research are: First, how is the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era. Second, why is it necessary to supervise the implementation of money or goods collection carried out by social welfare institutions in the digital era. From this research, the writer expects to obtain a formulation of norms that can provide legal knowledge about the responsibility of social welfare institutions in organizing the collection of money or goods in the digital era.
Legal Position Between Narcotics Addicts and Narcotics Abusers in the Perspective of Law Number 35 of 2009 Concerning Narcotics Miftahul Munir; Riswadi Riswadi; Evita Isretno Israhadi
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.836

Abstract

In the overall set of laws in Indonesia, opiates misuse is qualified as a wrongdoing in the opiates area which is controlled in Regulation no. 35 of 2009 concerning Opiates. Opiates wrongdoing is viewed as a type of wrongdoing that has serious ramifications for the eventual fate of this country, obliterating life and the future, particularly for the more youthful age. As indicated by Article 127 passage (1) Regulation no. 35 of 2009, Each individual who mishandles Opiates Classification I for himself will be rebuffed with detainment for a limit of 4 (four) years; Each individual who manhandles Opiates Classification II for himself will be rebuffed with detainment for a limit of 2 (two) years; and Each victimizer of Opiates Class III for himself will be rebuffed with detainment for a limit of 1 (one) year. Concerning what is implied by victimizers are individuals who use opiates without privileges or are illegal. The Opiates Regulation plans to: Guarantee courses of action for clinical and social restoration endeavors for opiates victimizers and fiends", be that as it may, Article 54 of the Law states "Opiates Junkies and Casualties of Opiates Victimizers are expected to go through clinical recovery and social recovery". In light of Article 54, the right of victimizers to get recovery isn't perceived. Moreover, victimizers who get recovery ensures under 4 Regulation no. 35 of 2009, however in Article 127 victimizers are created subjects who can be sentenced and lose their recovery freedoms except if they can be demonstrated or shown to be survivors of opiates. Demonstrating that opiates victimizers are survivors of opiates is a troublesome matter since it should be seen from the start that opiates clients use opiates. Likewise, it is important to demonstrate that opiates clients while utilizing opiates are in a state of being convinced, deceived, misdirected, constrained, as well as taken steps to utilize opiates.
Legal Protection For Teachers In Implementing Student Disciplinary Assignments Jamaluddin Sungsang; Evita Isretno Israhadi; Ahmad Redi
Jurnal Indonesia Sosial Sains Vol. 4 No. 05 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i05.837

Abstract

Training is a cognizant and arranged work to make a learning air and educational experience so understudies effectively foster their capability to have profound strength, poise, character, honorable person, and the abilities required without anyone else, society, country, and state. Without schooling that is by public character, the objectives of accomplishing instruction might be satisfied. The critical advancement of the country is the advancement of schooling possessed by the country. The exploration technique utilized is regulating legitimate examination which is expressive investigation. The design is to find the execution of legitimate security for educators in giving discipline to teach their understudies. In light of the consequences of the information examination, it was presumed that Regulation Number 14 of 2005 concerning educators and speakers has rigorously safeguarded the endlessly showing calling, yet at the degree of execution, the force of the law is as yet not seen to have added to the destiny of instructors as teachers. Moves made by instructors to train understudies inside specific cutoff points and are viewed as having satisfactory objectives by everybody can overrule criminal authorizations. Giving lawful security to educators in leading their expert duties is purposed.
Legal Consequences of Bankruptcy for Creditors Holding Mortgage Rights and Execution Parate Aan Rizalni Kurniawan; Faisal Santiago; Evita Isretno Israhadi
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.817

Abstract

The right of the separatist creditor as the holder of the mortgage right is clearly regulated by Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land (henceforth referred to as UUHT) Article 20 paragraph (1). In particular, the effect of bankruptcy on mortgage rights appears with the existence of Article 56 paragraph (1) UUK which states that the execution right of a separatist creditor holding mortgage rights against mortgage rights that are in the control of creditors is suspended for a maximum period of 90 days (stay period). The rights of the mortgage holder that have been protected by Article 20 paragraph (1) and Article 21 UUHT are no longer protected if the debtor is declared bankrupt because Article 56 paragraph (1) UUK (stay period) applies which suspends the execution of the mortgage holder for 90 days.