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AGUS PURWANTO
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INDONESIA
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJOSPL)
Published by Winrow Veritas Law Firm
ISSN : -     EISSN : 27742245     DOI : https://doi.org/10.8888/ijospl
Core Subject : Humanities, Science, Education, Social,
Humanities Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice
he main focus of INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) is to publish the results of research and work of thought, with the following fields: theory or doctrine, principles, norms, philosophy, comparison, application, history, relations with other disciplines in the field. -Social Sciences, Policy and Law. INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW (IJoSPL) provides a forum for sharing timely and up-to-date publication of scientific research and review articles. The journal publishes original research papers at the forefront of law and social sciences. The topics included and emphasized in this journal are, but not limited to, law, political science, economics, environment, history, communication, sociology and safety. The topics related to this journal include but are not limited to: International law Contract law Civil law Political law Sociology Business studies Industrial relations Criminology Safety Constitutional and administrative law Tort law Common law and equity Legal history Social philosophy Behavioral science Management Environmental social science Criminal law Property law Religious law Political science Social psychology Communication studies Economics Education
Arjuna Subject : Bisnis, Menejemen, dan Akutansi (semua kategori) - Perilaku Organisasi dan Menejemen Sumber Daya Manusia
Articles 12 Documents
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Search results for , issue "Vol. 4 No. 3 (2023): August 2023" : 12 Documents clear
Political National law to of Islamic law H.M. Yunus; Anwar Sulaiman; Hj. Asmak Ul Hosnah; Yenny Febrianty
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.139

Abstract

Political law is two interrelated meanings that cannot be separated, because politics is a strategy to achieve power by any means. While the law is a means or tool used when power cannot achieve the purpose of power. Where the law is essentially to protect individuals or communities from the arbitrary actions of power holders and / or parties who commit acts of justice, in the end to get a sense of justice in the nation and state, in the thought that the state in the development of human civilization is closely related to religion, the relationship between the two occurs the transformation of Islamic law in the development of Indonesian legal politics, both of which experience ups and downs with the development of human thought about the function of the state in his personal life and at the same time in the relationship between religion and the state he embraces. This research aims to describe Political Law in Islamic Law. This research uses a qualitative approach with the method of literature (Library research). The reform era research data outlines the configuration of a democracy-based legal political system. The system emphasizes the need to organize laws that are populist and responsive, not repressive and authoritarian. Legal regulation policies must reflect the aspirations of the citizens of the community/state. The legal products achieved must be a mecca in solving legal problems and achieving the goals of the life of the nation and state. The substance of the law is built not to serve the interests of the ruling elite, but must be an instrument and guideline in organizing legal development aimed at realizing physical and mental welfare.
ANALYSIS OF GOVERNOR'S INSTRUCTION DIY NO: K.898/I/A/75 ON LAND OWNERSHIP IN YOGYAKARTA BY INDONESIAN CITIZENS OF CHINESE DESCENT FROM THE PERSPECTIVE OF JUSTICE. Piong Khoy Fung; Rosalina Indah Sari; Anyelir Pupsa Kumala
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.141

Abstract

The Governor's Instruction in Yogyakarta that prohibits land ownership for the Chinese community has roots in a long history of resentment that predates independence. In this context, the issuance of the Letter of Instruction by the Head of the Special Region of Yogyakarta in 1975, signed by Paku Alam VIII, becomes relevant. The instruction orders the denial of land ownership to non-indigenous citizens and is linked to Law No. 13 of 2012 on the special status of the Yogyakarta special region, which legitimizes the instruction in the field of land through Article 1 and Article 7. While general land laws apply there, the policy of standardizing land ownership in the governor's instruction states that the Chinese community, referred to as non-indigenous in the instruction, are not entitled to own land in Yogyakarta. However, since the amendment of the 1945 Constitution in 2002, there is no longer any distinction between indigenous and non-indigenous citizens. Therefore, the relevance of the instruction to current regulations is inconsistent with the principles of justice and equal rights as Indonesian citizens. The instruction clearly creates discrimination that undermines justice for Indonesian citizens of Chinese descent and contradicts the Indonesian constitution, which guarantees equal rights and justice for all citizens. Referring to the post-amendment 1945 Constitution, Article 26, paragraph (1) states, "Citizens are native Indonesians and other individuals as recognized by law as citizens." Article 26, paragraph (3) also emphasizes that, "Matters regarding citizens and residents shall be regulated by law." To uphold the constitutional mandate, Law No. 12 of 2006 on the Citizenship of the Republic of Indonesia was enacted. Despite the existence of this law, differential treatment continues to occur, especially in terms of land ownership for Indonesian citizens of Chinese descent in Yogyakarta. It seems that the law does not provide new hope for justice for Indonesian citizens of Chinese descent, even though there is a guarantee of property rights stipulated in Article 28H, paragraph (4) of the 1945 Constitution.
THE ROLE OF THE GOVERNMENT IN PROTECTING THE HUMAN RIGHTS OF CIVILIAN PAPUA IN RELATION TO THE EXISTENCE OF KKB AS TERRORISM IN THE PERSPECTIVE OF JUSTICE Rosalina Indah Sari
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.142

Abstract

The conflict in Papua has significant implications for the national security system. The presence of KKB groups that continue to carry out brutal acts of terrorism, even targeting the Papua community, has compelled the government to make maximum efforts in apprehension. Attacking the KKB group becomes necessary because based on a long history of government from the time of President BJ Habibie (1998-1999) to the Jokowi administration, no peaceful agreement or resolution has been reached with the KKB. Instead, their criminal actions have become more brutal. These actions are taken in accordance with the fourth paragraph of the Preamble of the 1945 Constitution, which states the aspirations and goals of establishing a government, namely to protect the entire Indonesian nation and all of its descendants. Although the Jokowi government has made significant efforts to provide considerable attention to the people of Papua through infrastructure development to achieve the welfare of the Papuan people, the conflict with the KKB is not merely an economic and welfare issue. The presence of the KKB poses a threat to the national security system, thus necessitating law enforcement efforts within it and the protection of the rights of the Papuan people. The classification of the KKB as terrorists is based on their actions. Although some parties, such as the National Commission on Human Rights (Komnas HAM), argue that such labeling may cause unrest in the Papua community, the government's statements regarding this labeling have been criticized. However, the government labels them with the aim of facilitating efforts to eradicate the KKB group in order to protect the people of Papua and the national community as a whole. The government, through law enforcement agencies, is striving to resolve the issues and conflicts in Papua in order to protect human rights, particularly the civilian victims who are considered innocent but have always been victims in the series of conflicts with the KKB.
Student Motivation and Expectations in the Implementation of On-the-Job Training Program (Case Study on XYZ School Students) Wulanmeiaya Wowor; Samuel Musa Liha; Andrew Kurniawan; Randy Setiadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.144

Abstract

On-the-job training (OTJT) is one of the learning programs that are widely applied by vocational schools. Through this program, students can gain new skills and get new experience in the industry. Students also have the opportunity to apply their knowledge and develop their skills. This study aims to identify the motivation and expectations of students in carrying out the OTJT. The research method used is descriptive quantitative with a purposive sampling technique in determining the sample. Questionnaires were used to collect data. Respondents are XYZ school students who have participated in the OTJT as many as 163 people. The results of this study found that in the implementation of the OTJT, interesting work is the thing that motivates students the most, while the low wage factor is the thing that reduces motivation. In addition, working in a professional environment is the most expected thing to be experienced when participating in the OTJT program. Keywords — Expectation, Motivation, On the job training
LEGAL PROTECTION OF FAMOUS TRADEMARK DISPUTES REGISTERED UNDER THE LAW (CASE OF POLO BY RALPH LAUREN TRADEMARK DISPUTE) Tati Sri Hardina
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.145

Abstract

: Trademarks are signs in the form of images, names, words, letters, numbers, color arrangements, or combinations of these elements that have distinguishing power and are used in trading activities for goods or services. A well-known brand is a brand that has a high reputation. This brand has the power of radiance that is mesmerizing and attractive, so that the type of goods under the brand immediately raises a touch of familiarity (familiar) and mythical ties (mythical contect). The research method used is normative juridical, namely library law research conducted by examining library materials or secondary data. Protection of trademark rights in Indonesia constitutively adheres to the first to file system, first to file trademark protection system or constitutive system is a system of protection of a trademark in which the party who first applied for registration to the trademark office, then become the first party who has rights to the trademark. Of course, without exception, every application for trademark registration must pass the substantive examination process by the Trademark Examiner. In the substantive examination, it will be decided whether the person or legal entity is entitled to the trademark rights they apply for or the application for trademark rights is rejected. In order for the trademark to be protected by law.
JURIDICAL REVIEW OF THE DISTRIBUTION OF INHERITANCE FOR REPLACEMENT HEIRS IN TERMS OF ISLAMIC INHERITANCE LAW AND CIVIL INHERITANCE LAW Agnes Listya Adeline; Mentor Mella Ismelina Farma Rahayu
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.146

Abstract

Islamic inheritance law in its development, in successor heirs aimed at seeking a sense of justice for his heirs. Basically, successor heirs become heirs because their parents who are entitled to inherit die before the heir.The problems are formulated as follows: 1 how is the concept of successor heirs in Islamic law and civil code law, 2 how does substitute heirs compare between Islamic law and civil law. To answer the above problems, the author uses legal research with a normative jurisical approach method, namely legal research carried out by prioritizing examining library materials and documents called secondary and tertiary data. The specification of the study is descriptive analytical, which aims to provide an overview carried out using qualitative means of legal theories and legal doctrines as well as the opinions of Islamic jurists.The results of the research conducted can be concluded that the system of successor heirs in Islamic law and Civil law occurs when the person who connects it to the heir has died before the heir, and must have a legal Nasab relationship with the heir. The comparison of successor heirs in the system of Islamic law and civil law is that they both replace the position of heirs who died before the heir. And there is a difference between Islamic inheritance law and Civil Law in the division received by the heirs he replaces, in Islamic law i.e. heirs in a straight line down, straight line up, and straight line sideways while civil inheritance law the accepted part is the same and successor heirs do not exist for straight line up.
THE ROLE OF A NOTARY IN THE PROCEDURE FOR IMPLEMENTING A SHARE ACQUISITION OF A LIMITED LIABILITY COMPANY Juliane Chaerunnisa; Mella Ismelina Farma Rahayu
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.147

Abstract

: There are several types of business entities regulated in Indonesia, one of which is a Limited Liability Company which is the most common business entity that can be found, in the form of a legal entity and in carrying out its business activities has an authorized capital divided into shares. One of the actions commonly taken by a Limited Liability Company is to acquire shares, otherwise known as acquisition. This acquisition process requires several steps or procedures that need to be fulfilled and has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies.An act of acquisition is administratively declared complete if it has been set forth in a deed of acquisition made by an authorized officer, namely a notary in the Indonesian language and submission of notification to the Minister of Law and Human Rights. Notary as a profession that is authorized to make authentic deeds that can be used as evidence in court has a role and responsibility for the documents it issues, including the deed of acquisition of a Limited Liability Company. This paper is designed to review the acquisition procedure of a Limited Liability Company and the role of a Notary in that procedure in relation to his or her authority to draw up a deed of acquisition
Peran Gereja Dalam Upaya Menghindari Sikap Apatis Teologis Terhadap Kaum Muda: Peran Gereja Dalam Upaya Menghindari Sikap Apatis Teologis Terhadap Kaum Muda Guntur Hari Mukti; Victor Deak; Meriko Zonnedy Simangunsong
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.148

Abstract

Abstract - Many places of worship (church buildings) changed their function because of the lack of visitors and eventually became empty. This phenomenon occurs in many European countries that used to be the center of Christianity. Some have turned into hotels, discotheques, museums, and even places of worship for other religions. This phenomenon does not just happen, one of the contributing factors is the theological apathy of young people, namely an attitude that does not care or does not want to know about matters related to their beliefs. In Indonesia, young people prefer going to places of entertainment rather than attending youth fellowships at church. So that the church cannot remain silent in view of this situation, the church must take action. How can the church overcome the problem of theological apathy among young people? What role can be played so that young people return to having an enthusiastic attitude towards matters related to their beliefs? Seeing this situation, the authors will conduct research with the theme "The Role of the Church in Overcoming Theological Apathy towards Young People." This research was conducted using a qualitative research method, namely through literature studies. In conclusion, the role that the church can play in overcoming theological apathy towards young people is by re-evangelizing and through an exemplary approach in the church; the shepherd as a role model, the parents as an example and the youth themselves as an example for other young people.
REGULATION OF FIREARM OWNERSHIP FOR CIVILIANS IN INDONESIA BASED ON THE PRINCIPLE OF SELF-DEFENSE IN THE LEGAL PROTECTION SYSTEM (STUDY OF THE REPUBLIC OF INDONESIA LAW NUMBER 8 OF 1948 ON THE REGULATION OF THE INDONESIAN NATIONAL POLICE CHIEF NUMBER 82 OF 2004 Asmariah Asmariah; Sukamto Kusnadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.149

Abstract

The need for legal protection for every human being is an undeniable matter. It is crucial to ensure that every citizen feels safe, and one of the efforts made by individuals to achieve this sense of security is by owning firearms. In the prevailing laws and regulations, civilians are allowed to possess firearms (firearms) as self-defense tools to protect themselves. In Indonesia, the law of self-defense is regulated in the Criminal Code (KUHP) Article 49. The following is an excerpt from Article 49 KUHP: "Any person who, due to necessity, takes necessary action to defend themselves, others, or their property from an attack that threatens lives, endangers themselves, others, or their property, shall not be punished." This article states that a person cannot be punished if they take necessary action to defend themselves, others, or their property from an attack that threatens lives or endangers themselves, others, or their property, but the action must be forced and necessary in the situation they face. The possession of firearms must comply with the requirements and provisions set by the Indonesian National Police (Polri). According to Perkap No. 82 of 2004, civilian individuals who wish to own firearms are limited to certain groups, such as CEOs, ministers, government officials, major entrepreneurs, commissioners, lawyers, and doctors. This consideration takes into account the urgency and risks that these professional holders may face. The regulation also states that firearm ownership cannot be granted to just anyone. Those who want to apply for a firearm ownership permit must have shooting skills. Prospective firearm owners are required to have shooting skills for a minimum of three years. Additionally, they must fulfill various requirements, including psychotest and medical tests.
LEGAL REVIEW OF MURDER THROUGH 'SANTET' IN THE LEGAL PERSPECTIVE OF INDONESIA (A STUDY OF LAW NO. 1 OF 2023 REGARDING 'SANTET') Gunawan Nachrawi; Sukamto Kusnadi
INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW Vol. 4 No. 3 (2023): August 2023
Publisher : INTERNATIONAL JOURNAL OF SOCIAL, POLICY AND LAW

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.8888/ijospl.v4i3.150

Abstract

: "Santet" is one of Indonesia's cultural legacies that draws the attention of many communities due to its invisible movements, yet its impacts can inflict suffering on an individual's mental and physical well-being. Typically, the perpetrator sends "santet" to someone fueled by resentment, which subsequently fosters hatred, ultimately leading them to consult a shaman to cast a curse on the disliked individual. It is not uncommon for a person to lose their life as a result of being cursed. "Santet" is generally believed to be an act capable of causing harm to an individual through mystical means. The harm caused by "santet" can be directly observed on the victim but is challenging to explain medically. In various cases, it is common for the victim to experience unexplained pain or wounds due to foreign objects inside their body, although the origin of these foreign objects cannot be medically accounted for. These foreign objects can be nails, iron, needles, hair, or other sharp items. In extreme cases, "santet" can even lead to death, causing public concern over deaths that are difficult to legally attribute to curses. Murder through "santet" is considered difficult to prove materially, rationally, and logically, despite numerous cases of such instances occurring in various communities. Murder is inherently illegal; however, the use of "santet" as a means of committing murder cannot be substantiated as a concrete basis for legal proof. Law No. 1 of 2023 only regulates individuals or shamans who admit to possessing knowledge of "santet" and must meet specific criteria outlined in Article 252 of the Indonesian Penal Code (KUHP) in their practice of casting curses. The Indonesian legal system, based on formal and rational principles, processes actions that are concrete in nature, possess distinct characteristics, and can establish cause and effect relationships. The act of performing "santet" is far removed from human comprehension and is challenging to accept within the formal legal framework and prove concretely. "Santet" itself is a facet of black magic that is believed to persist. From ancient times to the present, the intent and purpose behind those who practice "santet" are usually negative, aiming to harm, destroy, or cause damage. This is achieved by inserting objects into the victim's body with the assistance of supernatural beings such as spirits and demons. Article 252, Paragraph (1) of the Indonesian Penal Code, stipulated in Law No. 1 of 2022, imposes criminal penalties for those who engage in "santet," with a potential sentence of up to 1.5 years. Philosophically, "santet" can be classified as a criminal act due to its recognition and belief in its existence within society, leading to distress and harm. However, it cannot be prevented or eradicated through legal means, as "santet" is abstract and its legal proof presents challenges within the Indonesian legal system.

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