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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
Problematika Lingkungan Terhadap Regulasi Food Estate Sebagai Program Strategis Nasional di Desa Gunung Mas & Pulang Pisau Kalimantan Tengah: Environmental Problems with Food Estate Regulations as a National Strategic Program in Gunung Mas & Pulang Pisau Villages, Central Kalimantan Baringbing, Mevitama Shindi
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.v7i1.710

Abstract

Food Estate is part of the National Economic Recovery (PEN) program which aims to anticipate the food crisis in Indonesia due to the Covid-19 pandemic. The program is supported by the Job Creation Law which mandates ministers/heads of institutions, governors and regents/mayors to provide permits and non-permits required in the implementation of National Strategic Projects. One of the National Strategy Projects launched in 2020 is in the villages of Gunung Mas and Pulang Pisau, Central Kalimantan. Food Estate is expected to be able to combat the global food crisis in Indonesia. The Food Estate program is implemented on an area of 148,000 hectares, using the concept of food security and security. The research method used is a qualitative legal method. The results of this study found that the land clearing process caused various negative impacts felt by the customary law communities of Gunung Mas and Pulang Pisau Villages, the company used local labor with low wages, the selling value of smallholder agriculture was low. Therefore, food estates must be identified based on chronology, causal factors, impacts and resistance. The results in this paper will describe the negative impact of food estate on the environment and consider food estate as a national food security program, especially in facing future challenges.
Quo Vadis Pendidikan di Masa Pandemi: Menyoal Tanggung Jawab Negara terhadap Hak atas Pendidikan Peserta Didik: Quo Vadis Education in a Pandemic Period: Questioning the State's Responsibility for the Right to Education of Students Huda, Muhammad Wahyu Saiful; Hidayat, Arif
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.v7i1.711

Abstract

The covid-19 pandemic affected various aspects of life, one of which was education. Education is one of the most basic human rights that humans have. In the constitution chapter 28 c verse (1), chapter 28 e verse (1) and chapter 31 the constitution of the republic of Indonesia of 1945 have clearly guaranteed the right of education for Indonesian people. Thus, governments are required to implement what is embodied in the constitution during the pandemic. This paper aims to examine the role of governments toward responsibility for the constitutional rights of education during the pandemic. The study was conducted using a juridicum-normative-research method. As a result, Indonesia's education rate declined because of lack of understanding and lack of access to state-provided facilities. This has caused a variety of controversy. On the part of the learner, there are difficulties and pressures on the assignments given by the teacher. It was concluded that the government in this case did not meet the constitution to satisfy the right to pandemic education. Governments are not quick to deal with this issue. But to build a country with adequate human resources and compete internationally, education is a major factor.
Tanggung Jawab Pemerintah dalam Pemenuhan Hak Konstitusional Atas Hak Pendidikan di Masa Pandemi Covid-19: Government Responsibilities in Fulfilling Constitutional Rights to Education Rights during the Covid-19 Pandemic Ayuningthyas, Nadya Indah; Imanullah, Muhammad Alfin; Permana, Aulia Anastasya Putri
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.v7i1.712

Abstract

Fulfilling access to education is the main responsibility of the state and this has been stated in the Preamble to the 1945 Constitution and Articles 31 and 32 of the 1945 Constitution. This is because the right to education is a means to fulfill other rights. However, with the Covid-19 outbreak, the fulfillment of the right to education will be hampered. Based on survey data conducted by UNICEF on 18-29 May 2020 and 5-8 June 2020 in 34 provinces of Indonesia with responses from 4,000 students through the U-Report channel consisting of SMS, WhatsApp, and Messenger related to the experience of students studying from home during their period of time. The Covid-19 pandemic stated that as many as 38 percent of students felt that they lacked guidance from teachers. The unequal technology infrastructure is felt by 35 percent of students. If distance learning continues, more than half or 62 percent of respondents admit that they need internet quota. For this reason, it is very important for the government to prioritize the handling of PJJ problems to realize the right to education as mandated by the constitution. This article will explain the constitutional guarantee of the right to education during the Covid-19 pandemic. As well as, the government's responsibility in fulfilling constitutional rights to education rights during the Covid-19 pandemic. The government has the obligation to provide quality education in accordance with religious values and Pancasila as an effort to realize the state's goal of educating the nation's life as stated in the 1945 Constitution, paragraph 4. The rights to education are regulated in Article 31 of the 1945 Constitution where every citizen has the right to have the opportunity to improve lifelong education. Especially during this COVID-19 pandemic, the fulfillment of education must continue because world developments continue if only because the Covid-19 pandemic situation stops the fulfillment of education, it will have an impact on the welfare of the people. The research method used in this paper is juridical legal research, which is legal research that bases its analysis on applicable laws and regulations and is relevant to legal issues that are the focus of research and uses library research data collection techniques. This paper concludes that Distance Learning (PJJ) is one of the mandatory learning methods during the pandemic even though it is considered ineffective by looking at all the obstacles in Distance Learning (PJJ) such as limited internet quotas, devices, signals, and difficulties in related subjects. with practices. The existence of a face-to-face learning method policy in the new normal period is an effort by the government to fulfill the constitutional right to public education, but the government must be able to take full responsibility for the implementation of health protocols in the face-to-face learning process in the new normal era.
Upaya Perlindungan Hukum Terhadap Perempuan dan Anak Korban Kekerasan Seksual di Provinsi Bali: Legal Protection Efforts Against Women and Children Victims of Sexual Violence in Bali Province Yuliartini, Ni Putu Rai; Mangku, Gede Dewa Sudika; Putri, Putu Pipit Pricellia Eka
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.v7i1.713

Abstract

Sexual violence against women and children is a form of action that violates human rights. As it is known, the human rights of women and children have been guaranteed and regulated in the 1945 Constitution of the Republic of Indonesia and the Law on Human Rights. Therefore, protection of the rights of women and children from violence should be respected, upheld and enhanced human dignity without discrimination, welfare and justice for women and children. Violence is any act against the law with or without using physical and psychological means that causes danger to one's life, body or causes the deprivation of one's freedom. The purpose of this paper is to provide legal protection to women and children who are victims of sexual violence in Bali Province. By using juridical-normative research methods based on primary, secondary, and tertiary legal materials such as laws and regulations, court decisions, legal theory, and can be in the form of opinions of scholars related to existing problems. Analyzed qualitatively with descriptive-prescriptive presentation. There it was later found that until now, especially in Bali, the existence of women and children victims of sexual violence has not received adequate services so that legal protection efforts are needed for victims of sexual violence in Bali Province. Thus, the law exists to provide protection for women and children who are victims of sexual violence.
Problematika Kebijakan Pembelajaran Bauran di Masa Pandemi Covid-19 dalam Memenuhi Hak atas Pendidikan: The Problems of Mixed Learning Policy in the Covid-19 Pandemic Period in Fulfilling the Right to Education Handyanto, Shahyb; Hidayat, Arifin
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.v7i1.714

Abstract

The Covid-19 pandemic that hit Indonesia and the world had a significant impact on education. The government has taken a policy by conducting distance learning. However, distance learning creates its problems and in the end, it has violated the constitutional rights of students and has proven ineffective in the transfer of knowledge process. Thus the goal of educating the nation's life becomes constrained. This study aims to examine whether a learning policy that is carried out in a mixed manner (a combination of online and offline) will make the learning process more effective or will it have a negative effect, mainly related to the potential for Covid-19 transmission. The formulation of the problem in this study are: first, how are education policy during the Covid-19 pandemic and the impact of Covid-19 on education in Indonesia. Second, how the learning mix policy can make learning effective or create new problems.
Perlindungan Hak Asasi Pasien Hemodialisis di Masa Pandemi Covid-19: Protection of the Human Rights of Hemodialysis Patients during the Covid-19 Pandemic Saija, Vica Jillyan Edsti; Lumintang, Junior Alvaro Nazario
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.v7i1.715

Abstract

Indonesia recognizes and guarantees that health is a human right, the basic regulation of which is written in Article 28H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, namely that every person has the right to live in physical and mental prosperity, have a place to live, and have a good living environment. and healthy and entitled to health services. In realizing the implementation of human rights, it can be interpreted based on the further provisions in Article 28I paragraph 4, this is the responsibility of the state, especially the government. The regulation of responsibility for public health through the provision of its service facilities is further emphasized in the provisions of Article 34 paragraph (3) of the 1945 Constitution of the Republic of Indonesia. Since the Covid-19 pandemic hit Indonesia in 2020, health care is one of the areas with a major impact. The anomalous situation that occurs also affects the blood washing schedule for hemodialysis patients who have difficulty getting access to health services and are not even served properly, and the consequences of not doing hemodialysis routinely will be dangerous for these patients. This paper wants to examine how the government is responsible for protecting human rights of hemodialysis patients during the Covid-19 pandemic. The writing method used is normative with a problem approach that is based on statutory regulations, concepts, and cases.
Pemenuhan Hak Alimentasi Bagi Lansia di Masa Pandemi Covid-19 (Studi di Kedungkelor Wanureja Tegal): Fulfillment of Alimentation Rights for the Elderly During the Covid-19 Pandemic (Study at Kedungkelor Wanureja Tegal) Waspiah, Waspiah; Arifin, Ridwan; Latifiani, Dian; Rodiyah, Rodiyah; Cahyani, Kartika Fajar; Widiastuti, Anita Indah; Pratiwi, Adinda Ratna; Ayu, Adelya Setya
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.v7i1.716

Abstract

Indonesia's demographic bonus from various studies and analyzes shows various potentials for the development of young people, but in the second phase of the demographic bonus, the elderly population is predicted to increase significantly. The peak of the demographic bonus enjoyed by Indonesia, from various government data and expert research is estimated to occur in 2028-2031. After that, the number of elderly people will grow. The increasing number of elderly population has the potential to provide many benefits if they are strong, healthy and remain productive. However, keeping the elderly population healthy, resilient and productive certainly requires a lot of preparation and support from all parties. Issues of nutritional quality, sanitation and support for a healthy environment have become a number of priorities that must be realized, as is the preparation of the quality of the productive age population. Even the National Institute on Aging (NIA) underlines that elderly people are the fastest growing proportion of the world's population. People are living more advanced, but that does not mean they are healthier. The increase in the aging population brings with it many opportunities but also a number of public health challenges that we need to prepare for. One of the challenges faced is the problem of health and poverty. In fact, according to research by the Center for Aging Society (CAS) of the University of Indonesia, based on BPS data in 2019, the number of elderly people in Indonesia has reached 25 million people. The majority of the elderly live in villages which generally have low education or only elementary school. He also noted that there were around 2.4 million elderly people who were neglected. This service program is intended to increase understanding of the right of alienation for the elderly in Kedungkelor Tegal Village by collaborating with the Kedungkelor Tegal Elderly Healthy House (RUSELA) partner. This service program is expected to not only increase the understanding of the rights of the elderly, but also increase family awareness in maintaining both mental and physical health of parents, and also as a form of responsibility for a child. This program is expected to be able to encourage positive behavior of children towards their parents and be able to improve the welfare of the elderly.
Tindak Pidana Korupsi di Masa Pandemi Covid-19 dan Dampaknya Terhadap Pemenuhan Hak Asasi Manusia: Corruption in the Covid-19 Pandemic Period and Its Impact on the Fulfillment of Human Rights Arifin, Ridwan; Syariefudin, Iqbal; Holish, Amarru Muftie
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.v7i1.717

Abstract

Corruption is a complex problem for the Indonesian nation and state, not only a matter of law enforcement, but the impacts of this crime are widespread and affect almost all sectors from the lowest to the highest levels. Many studies related to criminal acts of corruption only focus on the punishment of perpetrators and the patterns of formation and development of these crimes in society. Research related to the impact of corruption is only limited to research on the amount of state losses and economic financial calculations, only a few have examined the socio-economic impact of corruption. When the criminal act of corruption is confronted with human rights, research studies that arise relate to the rights of the perpetrators of corruption in the framework of protecting human rights. In fact, corruption has a broad dimension and has a significant impact on the fulfillment of human rights in all sectors.
Covid-19 dan Studi Hukum: Bagaimana Mahasiswa Mencermati Peluang Publikasi di Tengah Pandemi? Covid-19 and Legal Studies: How Do Students Find Publication Opportunities in the Midst of a Pandemic? Alkadri, Riska; Arifin, Ridwan; Holish, Amarru Muftie; Sari, Dewi Puspa; Resthiningsih, Lilies
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.v7i1.718

Abstract

Student activists are one of the important pillars in nation building, not only in the student movement but also various breakthroughs for the progress of the nation, many are initiated by students. The development of the student activist movement requires that every student who is a member of various student institutions must not only have a critical and noble attitude, but also the ability to convey ideas and solve existing problems. A lot of bad stigma is attached to student activists, ranging from unsatisfactory levels of academic quality, not graduating on time, responsive and very reactive, harsh and with opposing views, to demonstrations colored by various violence. The stigma is only in a few cases, not all activists face such conditions, but this stigma seems to have been far attached. The development of student activists today demands that activists must also have three literacy skills: data literacy, human literacy, and technological literacy. However, based on the results of preliminary research on this activity, 90 percent of student activists from the Faculty of Law, UNNES agreed that activists must have a critical attitude and critical writing skills, but only about 10 percent of activists have taken it seriously (publishing ideas in various forms). . This activity is aimed at developing the critical skills of student activists through increasing publications in various media. This activity also aims to form a critical writing community for student activists and to present a concrete platform for channeling student activist ideas and solutions in written form that can be read by many people. This activity is carried out through a critical thinking approach in legal studies using the IRAC (Issue, Rule, Application, Conclusion) method which is commonly used in analyzing various cases in legal study thinking. This activity lasts for 8 (eight) months with several stages of activities involving partners (student activists) directly, as well as guides and managers.
Perlindungan Buruh Migran Indonesia di Korea Selatan di Masa Pandemi Covid-19: Protection of Indonesian Migrant Workers in South Korea during the Covid-19 Pandemic Sulistiyono, Tri; Arifin, Ridwan; Wedhatami, Bayangsari; Damayanti, Ratih
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.v7i1.719

Abstract

The number of Indonesian migrant workers placed in South Korea in recent years has tended to increase. In 2018 there were 6,921 workers placed in South Korea in various sectors. This number increased from the previous year which only 3,719 people. The placement scheme is carried out through a Government to Government (G to G) cooperation scheme between the two countries through the National Agency for Placement and Protection of Indonesian Workers (BNP2TKI) and South Korea’s Employment Permit System (EPS). The study intends to examine, analyze, and explore more about the policy of placing Indonesian workers in South Korea as well as various legal protections provided by the South Korean government. This research is a collaborative research initiated through the G-to-G program by the Faculty of Law, Universitas Negeri Semarang, and the South Korean government. This research involved the Study Center and Labor Law Clinic of the Faculty of Law of UNNES, the Center for Legal Drafting, Policy and Development at the Faculty of Law of UNNES, Hankuk University of Foreign Studies Hankuk College of Law, and Law Research Institute Hankuk University of Foreign Studies. This research is empirical legal research, where the research was carried out in two countries: Indonesia and South Korea. The purposes of the research are to: (1) to investigate the effectiveness of national and international law instrument on the protection to migrant workers in South Korea, (2) to identify the specific policies on South Korea for Southeast foreign workers as well as Indonesian migrant workers, and (3) to analyze the cooperation both South Korea and Indonesia on sending migrant workers. The research will be carried out for eight months in two countries. Research in Indonesia will be focused on Jakarta (in several labor related institutions), while in South Korea it will focus on the Hankuk University of Foreign Studies, the Indonesian Embassy in South Korea, the Association of Indonesian Workers in South Korea, the South Korean Student Association of Indonesia (Perpika), and Human Resources Development Service of Korea.

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