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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 67 Documents
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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.
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.

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