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Seminar Nasional Hukum Universitas Negeri Semarang
Published by Universitas Negeri Semarang
ISSN : 26143216     EISSN : 26143569     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Seminar Nasional Hukum Universitas Negeri Semarang (ISSN Online 2614-3569, ISSN Print 2614-3216) merupakan Prosiding yang memuat artikel-artikel yang telah dideseminasikan dalam kegiatan Seminar Nasional yang diselenggarakan oleh Fakultas Hukum Universitas Negeri Semarang. Seminar Nasional Hukum Universitas Negeri Semarang berkomitmen menjadi wadah akademik bagi pakar hukum, pemerhati, akademisi, peneliti, mahasiswa, dan masyarakat yang memiliki kepedulian terhadap perkembangan hukum dan isu-isu penegakan hukum di Indonesia. Secara berkala, Seminar Nasional Hukum Universitas Negeri Semarang mengangkat tema-tema khusus yang kekinian sehingga Seminar Nasional Hukum Universitas Negeri Semarang mampu menjadi forum pakar hukum dari berbagai instansi di seluruh Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 21 Documents
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Search results for , issue "Vol. 7 No. 1 (2021): Seminar Nasional Jaminan Perlindungan Hak Konstitusional dan Implementasinya di" : 21 Documents clear
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.
Ekuilibrium Pengaturan Perlindungan Data Pribadi Sebagai Jaminan Hak Konstitusional: Refleksi Implementasi di Masa Pandemi Covid-19: The Equilibrium of Personal Data Protection Regulations as a Guarantee of Constitutional Rights: Reflections on Implementation during the Covid-19 Pandemic Al Fikry, Ahmad Habib
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.v7i1.701

Abstract

Essence of the rule of law is the guarantee of human rights for every citizen. To dive deeper into this matter, the 1945 Constitution of the Republic of Indonesia, which is the constitution of the Indonesian state, contains a discussion in a special chapter, namely XA which regulates human rights. Human rights have various types, one of which is personal self-protection as regulated in Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia. Personal protection is inherent with private rights which can include personal data of legal subjects. In line with the massive development of the world in the fields of technology, information, and communication, it has implications for the attachment of data subjects to the act of entering and transferring personal data in various kinds of activities. Data shows that there has been an increase in this activity during the pandemic covid-19. Personal data has become a topic of discussion when many data subjects are deprived of their rights to privacy, which can be seen in several cases of personal data leakage. For these problems, individuals need the protection of personal data as a concretization of the conception of the rule of law and guarantees of constitutional rights. The complexity of the problems that occur does not make the state remain silent. As a legal state that holds legal principles in its implementation, laws and regulations that contain the basic value of legal certainty are considered to be a solution. The seriousness of the state in overcoming this can be seen in the draft of the Personal Data Protection Law (RUU PDP), which is still being drafted by the Indonesian House of Representatives. This research, which uses a normative juridical method, discusses the protection of personal data as a right guaranteed by the constitution and its implementation during the pandemic covid-19. This paper aims to determine the suitability of the guarantee of constitutional rights and their implementation as well as to find an equilibrium in the regulation of personal data protection so that the full fulfillment of constitutional rights can occur.
Urgensi Perda Penanggulangan Wabah Menular di Kota Yogyakarta: The Urgency of Local Regulations for Overcoming Infectious Outbreaks in Yogyakarta City As-Shidiq, Abdullah Widy; Reza, M. Hilmi Miftahzen; Wafi, Muhammad Syafiq
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.v7i1.702

Abstract

The research on " Urgency of Regional Regulations for Handling Infectious Outbreaks in the City of Yogyakarta " is interesting to study because it is based on Government Regulation No. 40 of 1991 on Handling infectious epidemics which mandates that regional heads are responsible for technical implementation of epidemic control in regions . one of the prevention efforts in the region is to create a legal basis of controlling infectious diseases in the city of Yogyakarta as a guideline on implementing Disease Prevention and Control in Yogyakarta. The purpose of this study was to determine the urgency of making a regional regulation to control infectious epidemics as a prevention effort in / into / of the people in Yogyakarta. The scope of our study is the regulation of local regulations related to citizens constitutional rights. The literature review used to analyze this problem is the guarantee and protection for / against human rights and responsive legal theory . The research method used is a normative juridical approach from / to a statutory approach, a conceptual approach and a comparative approach. The results of the study show the basis of the formation of a regional regulation on infectious disease prevention in Yogyakarta from a philosophical , sociological and juridical perspective.
Meninjau Respon Masyarakat Terkait Pemenuhan Hak Ekosob Melalui Kebijakan Protokol Kesehatan di Masa Pandemi: Reviewing Community Responses Regarding the Fulfillment of Ecosob Rights through Health Protocol Policies during the Pandemic Cahyani, Anisa; Putri, Awallia Septiyana
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.v7i1.703

Abstract

The enforcement of socio-economic rights based on the constitution during this pandemic era is unnegotiable. The government with its authority through various health protocol (prokes) policies is realizing the protection of those rights. Unfortunately, many problems arise during the implementation of the existing rules. Both in the terms of the goverment and the community factors, they have a big role in order to follow the main policies issued especially during this pandemic era. The benchmark for the success of these policies are influenced by the firmness of the rules and the action that is come from the government. Futhermore, from the side of the community, the faith to the government, the level of legal understanding, and the cultural factors play a major role in measuring the success of these policies. The method that is used in this research is normative-juridical regarding implementation of the rules related to the health protocols during the Covid-19 pandemic with qualitative data processing to draw conclusions about the circumstances that occurred. The goals of this paper can be used to describe, explain, and analyze patterns of community behavior towards government policies during the pandemic era and to find out the source of all the problems in purpose for improving and providing criticism and suggestions based on existing mistakes.
Inovasi Pembelajaran Science System Pada Masa Pandemi Covid-19 untuk Menjamin Hak Konstitusi Warga Negara Indonesia: Innovation in Science System Learning During the Covid-19 Pandemic to Guarantee the Constitutional Rights of Indonesian Citizens Widiastuti, Anita Indah
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.v7i1.704

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.
Pemenuhan Vaksinasi Covid-19 Sebagai Hak Atas Kesehatan Bagi Masyarakat Adat di Indonesia: Fulfillment of Covid-19 Vaccination as the Right to Health for Indigenous Peoples in Indonesia Pratama, Anugrah Muhtarom
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.v7i1.705

Abstract

This article aims to answer how the government's efforts in realizing the fulfillment of Covid-19 vaccination as a right to health for indigenous peoples during the pandemic. Giving Covid-19 vaccination to every citizen has now become an effort in resolving the Covid-19 pandemic. One of the vulnerable groups in the Covid-19 pandemic is indigenous people who have previously been vulnerable due to limited access to health. This article is normative legal research using a statutory approach. The result is that the government has included indigenous peoples into vaccination priorities in Regulation of the Minister of Health No. 84 of 2020. Furthermore, the government's vaccination priority provisions have also been in accordance with the principle of non-discrimination in who's the provision that indigenous peoples are included in vaccination priorities as sociodemographic groups. In this regard, the government has implemented Article 28H paragraph (1) of the 1945 Constitution which stipulates that every citizen is entitled to health services. Furthermore, in the implementation in the field, covid-19 vaccination is only done for Indigenous peoples in Bali. This is done because Bali relies heavily on the tourism sector which is also a lot of custom-based tourism. Meanwhile, baduy indigenous people are vaccinated because their territory is included in the red zone of the spread of Covid-19.
Mengulas Problematik Kegiatan Belajar-Mengajar di Tengah Pandemi: Reviewing Problematic Teaching and Learning Activities in the Middle of a Pandemic Tinambunan, Hezron Sabar Rotua; Komariah, Mamay; Bakar, Dian Utami Mas
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.v7i1.706

Abstract

The learning system that changed significantly during the Covid-19 pandemic had a major impact on the world of education. This learning change is a situation that requires entering information literacy in academic culture. One of the causes of this big change is because online learning is done suddenly, this has a big impact on the readiness of schools, teachers, and students in carrying out inadequate learning. In this condition, the law needs to be present to realize an effective online learning system, in addition to preparing cooperative learning methods. To answer this question, this research uses legal research methods. The right to education is the right of every citizen guaranteed in the constitution, or is a constitutional right of citizens. For the fulfillment of state education, it is necessary to establish standardization by being aware of the current condition of Indonesia. The government is obliged to prepare regulatory instruments for the implementation of education in accordance with the national goal of educating the nation's life. With adequate regulations, there will be legal protection for students to get proper learning even with online learning. In addition to adequate regulation, teachers in schools and parents at home and in the community have a vital role in the success of distance learning. Teachers and parents must provide or condition the best place for students to learn optimally.
Tinjauan Konstitualitas dan Studi Implementasi Kebijakan Bantuan Sosial Covid-19: Constitutional Review and Study on the Implementation of the Covid-19 Social Assistance Policy Mikhael, Lefri; Nursanty, Riandini Yosandra Ira; Hananto, Mochamad Rifqi
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.v7i1.707

Abstract

COVID-19 pandemic devastated various sectors in public which impact on disturbance of the community welfare level. One of the government programs on guarantee proper standard of living including clothing, food, and shelter as well as improvement of proper living conditions in the pandemic period are through the COVID-19’s Social Assistance program by the Ministry of Social Affairs. The program is expected can solve the public problem during this pandemic period. Unfortunately there is some problems in the implementation. Which are about the constitutional issue of the program’s legal base nor technical issues in field, like the recipients of it’s social assistance are not in accordance with the intended purpose and others matters. The consequences of these problems have an impact on the effectiveness of this COVID-19’s Social Assistance program. The research aims to determine the suitability of the COVID-19’s Social Assistance’s policy within the framework of 1945’s Indonesian Constitution and its relation to citizen’s rights and the obligations of the government and also to identify this policy implementation that based on the implementation model Van Horn and Van Meter. The research was carried out in the form of qualitative research with literature study to collect the data. And also to identify the policy implementation that based on the implementation model of Van Horn and Van Meter. The research was carried out in the form of qualitative research with literature studies to collect the data. Briefly, the research shows that COVID-19’s Social Assistance’s program in line with State’s efforts to fullfil the basic rights of citizens, including a decent standard of living, especially during the COVID-19 pandemic and the implementation study with Van Horn Van Meter's variables, which are policy standards and objectives; policy resources; The implementor character; interorganizational communication and enforcement activities; the disposition of Implementors; and economic, social and political conditions indicates the success rate of COVID-19’s Social Assistance policy.
Analisis Yuridis Vaksin Covid-19 Ilegal: Perlindungan dan Penegakan Hak Kesehatan Warga Negara Indonesia: Juridical Analysis of Illegal Covid-19 Vaccines: Protection and Enforcement of Health Rights of Indonesian Citizens Hertianto, M Rafifnafia; Maharani, Ni Putu Maetha
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.v7i1.708

Abstract

Health rights are one of the basic rights stated in the Articles of 28H (1) Indonesia`s constitution. Covid-19 becomes an examination moment if the State can fulfil the health rights of its citizens. Some regulations have been issued to reduce coronavirus dissemination, one of them is the health ministerial regulations No. 10/2021 on the implementations of covid-19 vaccinations to the countermeasures of the covid-19 pandemic. Unfortunately, those policies become a loophole to gain profit for some irresponsible actors. A number of the abuses of vaccinations implementation cases arise along with the government effort to carry out the vaccination. The purpose of this research is to analyze the implementation of health right during pandemic through vaccination program which organized by the government and to analyze the protection of citizen’s health right to the illegal vaccine case phenomenon. This research is written by juridical normative method with law and cases approached and also use secondary data. Based on the research, the implementation of the health right through vaccination program which is organized by the government regards some principles according to Public Service Law Number 25/2009. But, there is an abuse of power in the execution stage, like illegal vaccine cases that contravene public service, equal right, balance of rights and obligations, professionalism and non discrimination principles. The executant can also be punished into multi-layer sanction such as administrative sanction and criminal sanction.
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.

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