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Jurnal Ilmiah Kebijakan Hukum
ISSN : 19782292     EISSN : 25797425     DOI : -
Core Subject : Social,
Jurnal Ilmiah Kebijakan Hukum merupakan media ilmiah bidang kebijakan hukum berupa hasil penelitian dan kajian, tinjauan hukum, wacana ilmiah dan artikel. Terbit tiga kali setahun pada bulan Maret, Juli dan November.
Arjuna Subject : -
Articles 8 Documents
Search results for , issue "Vol 17, No 1 (2023): March Edition" : 8 Documents clear
Disparitas Sistem Pidana dalam Undang-Undang Keimigrasian Indonesia Tahun 2011 Dista Dewi Rahayu; Ridwan Arifin; Luby Lukman Zakaria
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.25-40

Abstract

The Criminal Provisions in Indonesian Immigration Law of 2011 are designed as acts of legislation for preventing transnational organized crimes in Indonesia. This law has existed for more than 10 years and has been no critical evaluation of the immigration criminal provisions. The construction of the criminal system has a non-uniform pattern of penal policy formation. This research employed the doctrinal research method with deductive reasoning that analyzed Articles on immigration criminal provisions from the perspective of Jeremy Bentham’s theory of punishment analyzing the quality of criminal Articles. The results indicate that there are reactive and not pre-empting immigration criminal provisions, poor criminal provisions during immigration examinations, disparities in Judge’s decisions at courts, varied patterns of punishment and sanctions, and inconsistency of criminal liability arrangements against corporations. Reconstruction of immigration criminal Articles is urged to achieve Bentham’s principles and objectives of the law in sentencing. Criminal Articles should be dominated to prevent cross-border crimes during immigration clearance.
Relevansi Penundaan Pemilihan Umum Tahun 2024 dalam Perspektif Hukum Tata Negara Darurat Denis - Kurniawan
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.97-110

Abstract

Discourse on postponing the elections in 2024 was circulated amid the ongoing Corona Virus Disease 2019 (Covid-19) Pandemic, which conceptually could be classified as a civil emergency in Indonesia. The discourse was brought up by a certain group of political elites and received various responses in the community, from those who approved to those who rejected the idea. This paper describes the implementation of the 2024 elections in the context of the state of emergency, as a branch of the scientific study of constitutional law that discusses the state when it is faced with abnormal conditions, aka emergencies due to dangers that threaten the continuity of the nation and state. This paper uses normative legal research conducted using a statutory and conceptual approach which will later assess whether the postponement of the election can be justified from the point of view of the state of emergency, and by looking at the implications of the current danger of Covid-19 supported by policies that there is from the government, as well as the election management body itself, namely the General Elections Commission.
Konsep Kebutuhan Badan Kebijakan Internal Kementerian untuk Respon Kebijakan Terhadap Pembentukan BRIN Willy Wibowo
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.41-54

Abstract

The current Government policy that integrates all Research and Development Agencies in Ministries and Institutions demands that these agencies must be transformed. To be able to answer various strategic issues and anticipate demands that come from the internal and external environment is the basis for an organization to organize and evaluate internally. Proposed organizational arrangements in this case must have a clear basis and contain analysis of the various aspects needed. The purpose of this scientific work is to provide a concept for transforming a research and development Agency into an internal Policy Agency to avoid duplication of duties and functions in existing Research Agencies. This study uses the policy review type method which is focused on reviewing documents. The need for an Internal Policy Agency at the Ministries/Agencies level is currently very urgent because of the diverse and complex fields of work and to produce quality policies and can be measured by the Policy Quality Index. There are several suggestions for Ministries/Institutions that will form an Internal Policy Agency, among others, transformation must be based on evidence-based needs. 
Penguatan Kedudukan Pemasyarakatan dalam Sistem Peradilan Pidana Terpadu melalui Fungsi Pelayanan Tahanan Riki Afrizal; Iwan Kurniawan; Fajar Wahyudi
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.1-12

Abstract

Changes in the correctional facility system were marked by the passage of Law Number 22 of 2022 Concerning Correctional Institutions. One of the things that are regulated is regarding detainee services as the correctional function. This arrangement is of course interesting to analyze because so far correctional facilities have only been synonymous with fostering convicts, which is the final stage in the criminal justice system. Services for detainees at the detention center are related to the ongoing criminal justice process because legally the responsibility for detention is still on the law enforcement agencies that carry out the detention. This paper aims to analyze the relationship between the regulation of detainee services in the Correctional Law and the integrated criminal justice system in Indonesia. This study uses a normative juridical method with a statutory and conceptual approach, especially regarding the correctional system and integrated criminal justice system. The results of the discussion and analysis show that there are strict and clear arrangements regarding the administration of detainee services as a function of a correctional facility. This is a form of legal certainty and at the same time affirms the existence of correctional facilities as an integrated criminal justice subsystem. As part of the criminal justice system, correctional facilities do not only work at the end of a series of criminal justice processes through the function of fostering convicts and criminal children but also when the criminal justice process is in operation or progress.
Penalaran Hukum: Bagaimana Merek Terkenal Diposisikan Melalui Positivisme Hukum Achmad Achmad; Zakki adlhiyati
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.55-68

Abstract

Legal protection for well-known mark needs to be examined. Indonesia has tried to conform its legal system with international law, most notably the Paris Convention and the TRIPS Agreement. However, the court’s decision indicates that the well-known mark remains unfavourable. This paper aimed to analyse judges’ rationale when they rejected a lawsuit against a well-known trademark in Indonesia which was the trademark dispute of “Starbucks” and Pierre “Cardin”. This study was conducted using legal research methods and it examined legal materials from judges’ decisions and literature review. Therefore, knowing the judge’s rationale for dismissing the claim is essential. In the first case, the plaintiff’s documented evidence was insufficient to establish the respondent’s bad faith, but the judge’s justification for rejecting the lawsuit was insufficient either. Meanwhile, in the second case, the judge denied the claim based on ne bis in idem, which aims to reach legal certainty, so the judge can lean more toward positivism. The positivism requires clear rules so as not to cause multiple interpretations. However, trademark and geographical indication law does not give complete regulations on well-known marks. As a result, problems and conflicts frequently arise in practice when it comes to the protection of well-known marks.
Pengaturan Juru Bahasa Isyarat dalam Pembuatan Akta Otentik oleh Notaris bagi Penghadap Tunarungu Ida Ayu Putu Kurnia Pradnyadewi; I Gusti Agung Mas Rwa Jayantiari
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.81-96

Abstract

The objective of this paper is to analyze the arrangement for sign language interpreters in making authentic deeds by a Notary for deaf appearers in Indonesia and to analyze the relevant arrangements regarding this issue in terms of the provision of sign language interpreters by a Notary for deaf appearers in the future. The benefit of this writing is to provide a juridical understanding regarding the arrangements for providing sign language interpreters in making authentic deeds by a Notary for deaf appearers in Indonesia as well as providing scientific contributions in the dimension of the Notary Act. The void of norms underlying writing uses a type of normative legal research through statutory and comparative approaches which are analyzed using descriptive, comparative, argumentative, and prescriptive techniques. The results of the study show that the authority of a Notary to make authentic deeds is contained in Article 15 paragraph (1) of the Amendment to the Act on the Position of Notary. This arrangement is intended for appearers with non-disabled conditions only because it contains a “sufficiently clear” clause. Based on a comparative study of the Amendment to the Act on the Position of Notary and the Japanese Notary Act, the Amendment to the Act on the Position of Notary has not regulated the provision of sign language interpreters for deaf appearers, while the Japanese Notary Act has regulated sign language interpreters. Resolving the urgency of this problem by formulating arrangements for sign language interpreters in the Amendment to the Act on the Position of Notary by adopting the provisions contained in the Japanese Notary Act.
Kebijakan Peningkatan Pnbp dalam Pelayanan Publik di Bidang Keimigrasian Raden Natanegara Kartika Purnama; Muhammad Arief Adillah; Cahyoko Edi Tando
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.69-80

Abstract

One of the non-tax revenues in Indonesia is generated by services at Immigration Sector which is currently showing significant changes and activities. Public services provided to all citizens must be excellent and in line with the needs of the community itself. This study used a Systematic Literature Review (SLR) with PRISMA Method which also searched for articles using Scopus and ScienceDirect database because those have good reputable nationally and internationally by academics. The study resulted in 2 (two) policies in Immigration through analysis of the results of the search for the article. The first is to improve developing immigration services and the latest innovations from digital Immigration and to promote a humanist approach and accountability for its services and ease of access given. Moreover, monopoly on human resources at Immigration is currently carried out in vital cooperation due to national security and state policy especially related to intelligence analysis. Meanwhile, cooperation with other parties is limited to providing space, education in terms of increasing human resources, and cooperation to exchange information with certain parties. The conclusion of this study led to 2 research results, which are policies to improve services and policies to strengthen immigration. The suggestions for future research are in-depth field research using qualitative or quantitative method on immigration agencies and other contributive factors to state revenue.
Lembaga Manajemen Kolektif Nasional (LMKN) sebagai Penilai Nilai Ekonomi dalam Pengikatan Hak Cipta Musik dan Lagu sebagai Objek Jaminan Fidusia Sri Handayani; Joni Emirzon; Annalisa Yahanan
Jurnal Ilmiah Kebijakan Hukum Vol 17, No 1 (2023): March Edition
Publisher : Law and Human Rights Research and Development Agency

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30641/kebijakan.2023.V17.13-24

Abstract

One of the creations protected by copyright is songs and/or music. Legal protection for them is a necessity in order to create a conducive climate to the development of music industry in Indonesia. In order to facilitate song and/or music writers with better control over their works, they can appoint representatives to regulate the management of their royalty, in this case LMKN (The National Collective Management Institute). Law number 28 of 2014 concerning copyrights regulates that copyright can be used as an object of fiduciary guarantee. However, its use is still hampered by the fact that the economic value of music and song copyrights cannot be determined easily, especially if it is used for fiduciary guarantee. Most banks do not accept it for loan collateral. The objective of this research was to analyze the roles of LMKN as the determiner of the economic values of song and music copyrights for the purpose of binding them for objects of fiduciary guarantee. This normative study uses statutory approach, conceptual approach, analytical approach, and futuristic approach. The determination of the economic values of song and music copyrights can be done by LMKN, a one- stop service institution that collects the royalty of music and song in Indonesia. The National Collective Management Institute (hereinafter briefly referred to as LMKN) as an institution that can provide an appraiser of the economic value of Music and Song Copyrights. The use of SILM (a music and song information system and data center) can help the estimation of music and song’s economic value based on the royalty accepted by the art’s creator or copyright holder. The amount of royalty can determine the binding of music and song copyrights for the objects of fiduciary guarantee.

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