PLEDOI (Jurnal Hukum dan Keadilan)
PLEDOI is a scientific periodical published by Amal Insani Foundation, published 2 (two) times a year, namely every August and February. The scope and focus of the STUDY of the PLEDOI Journal includes a broad family of Legal sciences, namely Criminal Law, Civil, Constitutional Law, International Law, Dadang Law, International Business Law, Law Enforcement, Constitutional Law; International Treaty Law, Customary Law, Agrarian Law, Tax Law, and other relevant legal disciplines with the PLEDOI Journal Platform
Articles
25 Documents
<![CDATA[Politik Hukum: Otonomi Daerah Pasca Amandemen UUD 1945 Upaya Menjaga Keseimbangan Antara Prinsip Unity dan Diversity ]]>
<![CDATA[Ade Fartini]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 1 No. 1 (2022): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v1i1.26
<![CDATA[Politik hukum konstitusi negara kesatuan Republik Indonesia yaitu Undang-Undang Dasar 1945 mengalami empat kali amandemen yakni pada tahun 1999, 2000, 2001, dan 2002, dalam amandemen UUD 1945 mengalami perubahan terkait pasal yang mengatur tentang pemerintah daerah. Amandemenn kedua sistem pemerintahan kita telah memberikan keleluasaan yang sangat luas dalam menyelenggarakan otonomi daerah. Penyelenggaraan otonomi daerah menekankan pentingnya prinsip-prinsip demokrasi, peningkatan peran serta masyarakat, dan pemerataan keadilan dengan memperhitungkan antar daerah dalam UUD 1945 diatur pada Pasal secara keseluruhan diatur dalam Pasal 18, Pasal 18A Ayat 1-2 dan Pasal 18B Ayat 1-2. Dengan otonomi daerah maka pemerintahan daerah mengatur dan mengurus sendiri urusan pemerintahannya, campur tangan pemerintah pusat hanyalah yang benar-benar berkaitan dengan upaya menjaga keseimbangan antara prinsip kesatuan (unity) dan perbedaan (diversity). Otonomi daerah di Indonesia akan berkaitan dengan konsep dan teori pemerintahan lokal (local government) dan bagaimana aplikasinya dalam penyelenggaraan pemerintahan daerah di Indonesia, pengaturan otonomi daerah berdasarkan pada Undang-Undang Nomor 23 Tahun 2014 tentang Pemerintah Daerah. Kata Kunci: Politik Hukum, UUD 1945, Otonomi Daerah]]>
<![CDATA[Penegakan Hukum Mengenai Hak Asasi Manusia (HAM) di Indonesia ]]>
<![CDATA[Uyla Maylani]]>;
<![CDATA[Damai Vistiani Gulo]]>;
<![CDATA[Farhan Lutfhi Azidan]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 1 No. 1 (2022): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v1i1.27
<![CDATA[Human rights are rights owned by humans as creatures created by God. Human rights have come a long way to fight for justice for people worldwide. Historically, the efforts taken to solve humanitarian problems have been carried out for a long time in the world, and no one knows for sure when human rights began to be fought for. The enforcement of human rights occurs because of the violation of the law. Enforcement of human rights is the duty of all levels of society, not only the duty of state institutions. All levels of society are expected to cooperate and help each other in upholding human rights to realize just and civilized human precepts and create a prosperous society. The formation of law cannot be separated from the decisions of judges (judge-made law) related to law enforcement, while law enforcement is essentially a process to realize the legal goals of legal ideas into reality. This paper examines aspects of human rights in the rule of law, between progressive law and positive law. Progressive law is pro-justice and pro-people law, meaning that in judging the legal actors are required to prioritize honesty, empathy, concern for the people, and sincerity in law enforcement. The authors chose this title because until now law enforcement, especially related to human rights in Indonesia is still not optimal, mainly because until now the State of Indonesia is still in a transition zone that is still characterized by legal uncertainty. The main problem in this article is how to apply the law to human rights violations, which institutions prosecute human rights violators, what are means of settlement used in cases of human rights violations in Indonesia, and what are the principles of Islamic law regarding human rights]]>
<![CDATA[Penegakan Hukum Dalam Negara Hukum Indonesia yang Demokratis ]]>
<![CDATA[Widayati Widayati]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 1 No. 1 (2022): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v1i1.28
<![CDATA[The State of Indonesia is a state of law, meaning that all citizens and administrators must comply with the applicable laws. Nevertheless, the rule of law is often violated, even by law enforcement officers and lawmakers themselves. Law enforcement in Indonesia is still sharp downwards but blunt upwards. For this reason, it is necessary to improve law enforcement. Improvement in law enforcement can be made by improving the legal system, which includes legal substance, legal structure, and legal culture. In addition, with the concept of a democratic rule of law, law enforcement is not only fixed on the written rule of law. If the written rule of law does not provide justice, then the written rule of law can deviate. Law enforcement is also supported by the emergence of progressive legal theory and integrative legal theory.]]>
<![CDATA[Efektifitas Menakar Keadilan dalam Kebijakan Pemberian Remisi Bagi Koruptor ]]>
<![CDATA[Edi Sofwan]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 1 No. 1 (2022): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v1i1.29
<![CDATA[Giving remission to corruptors is an irrelevant policy. The effectiveness of measuring justice against extraordinary crimes (corruption) cannot be interpreted as a tool to reduce punishment or change the sentence that has been determined by the court so that remissions are not immediately given to prisoners in corruption cases. Then, the arrival of Covid-19 impacted economic difficulties for all elements of Indonesian society; however, sadly, in this Covid-19 disaster situation, there were elements of the political elite who smuggled the social assistance funds. So, granting remissions to corruptors should be removed because it affects the community at significant, human rights that are closely related to prisoners, one of which is the provision of remissions, the provisions of Article 14 paragraph (1) of Law Number 12 of 1995 concerning Corrections states that one of the rights of the convict is to get a reduction in the criminal period (remission). The method that will be used is the normative juridical research method and the research materials used in this research by using studies on laws and regulations, books, journals, news, and relevant information that discusses the effectiveness of measuring justice against corruption cases in social assistance during a pandemic. Covid-19. The results of this study are: The concept of justice for officials who have committed corruption Social Assistance Funds (BANSOS) is an extraordinary crime that impacts the sustainability of the community and should not be given remission for officials who misuse the aid funds.]]>
<![CDATA[Akibat Hukum Wanprestasi Dalam Perjanjian Sewa Menyewa Menurut Kitab Undang-Undang Hukum Perdata ]]>
<![CDATA[Anak Agung Dewi Utari]]>;
<![CDATA[Yusika Riendy]]>;
<![CDATA[Edi Sofwan]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 1 No. 1 (2022): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v1i1.30
<![CDATA[A lease is an agreement whereby one party binds himself to give the other party the enjoyment of an item for a certain period and with payment of a price that the latter party is willing to pay. The rights and obligations of the parties in the lease agreement and the rights of the lessor are the rights that the lessor will receive. The party who rents out has the right to pandbeslag, which is a confiscation carried out by the court at the request of the renter, such as the furniture in the house that is being rented if the tenant is in arrears with the rent for the house to be auctioned if the tenant does not pay off the arrears. The lessor has the right to request cancellation of the agreement and compensation. The lessor's right is to hand over the leased to the lessee to maintain the object being leased so that the object can be used for its intended purpose. The lease agreement ends in default before the expiration of the agreement, i.e., the lease agreement can terminate automatically at a particular time after being terminated by taking into account a certain grace period. Although a lease is a consensual agreement, by law, there is a difference between a written lease and an oral lease.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Dalam Transaksi Melalui E-Commerce : (Studi Kasus Pembelian Melalui Sosial Media Tik Tok) ]]>
<![CDATA[Seldya Vindi Mayce]]>;
<![CDATA[Risma Riski Ramadani]]>;
<![CDATA[Riska Nuvia Cahyani]]>;
<![CDATA[Teralia Anataya]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i1.146
<![CDATA[The issue of consumer protection in e-commerce is an important aspect to pay attention to because some cases of e-commerce will place consumers in a weak or disadvantaged position. Therefore, this study aims to find out whether the consumer protection law no.Eight of 1999 can protect consumers in making transactions through e-commerce and how legal protection is for consumers in transactions through e-trade social media tik tok. This research uses normative legal methods and legal approaches and case studies. From the research it can be seen that (1) Based on Law Number 8 of 1999 concerning Consumer Protection it states that business actors are responsible for providing compensation for damage, pollution and/or losses suffered by consumers as a result of consuming traded goods and/or services. It has been clearly explained here that UUPK adheres to the principle of absolute responsibility (strict legal responsibility), in which business actors must be responsible in line with the principle of responsibility adopted by UUPK, namely absolute responsibility (strict legal responsibility). (2) Legal protection given to consumers who transact through Tik Tok is provided in the form of government regulations where every market platform company in Indonesia, including Tik Tok, is required to provide a special merchant account, this is done to make it easier for the government to track online merchant records. Tik Tok has implemented these regulations by providing Tik Tok commercial enterprise features. Thus, in carrying out e-commerce transactions, consumers are expected to be more careful and choose shops on social media carefully and thoroughly.]]>
<![CDATA[Optimalisasi Peran Pemerintah Dalam Kebijakan Penanganan Limbah Medis ]]>
<![CDATA[Annisa Hartami]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Fatma Ulfatun Najicha]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i1.168
<![CDATA[Law 32 of 2009 on Environmental Protection and Management is an example of the government's efforts to achieve a balance between economic growth and environmental preservation. In accordance with Human Rights (HAM) in realizing sustainable development and the existence of global environmental issues. This research method uses normative legal research methods that are prescriptive. Types and sources of law include primary and secondary legal materials. The technique of collecting legal materials used is the study of literature. Furthermore, the analysis technique used is the deductive method. The results of this study show that there is a need to optimize the role carried out by the government to deal with the growing medical waste. In addition, health service facilities also carry out direct sorting to be more effective in handling the management of medical waste. This can be seen from the use of the Regulation of the Minister of Environment and Forestry Number p.56Menlhk-Setjen2015 as SPO in implementing medical waste management. These laws and regulations are able to provide legal expediency and certainty. Meanwhile, in terms of fairness, this is determined by how the implementation of these laws and regulations in the field.]]>
<![CDATA[Pencegahan Tindak Pidana Perjudian Online ]]>
<![CDATA[Muhammad Yanuar Vernanda Saputra]]>;
<![CDATA[Edi Pranoto]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i1.171
<![CDATA[The crime of online gambling is an act that is prohibited and is a form of action that is contrary to religious, moral and positive legal norms. The problem of gambling has existed for a long time, gambling activities are considered to be something that is usually done by the community, therefore gambling is difficult to eradicate. The emergence of the internet made gambling even more varied, gamblers did not need to meet other players to play gambling. The problems are formulated as follows: (1) How the Police Prevent Online Gambling Crimes in the Legal Area of the Grobogan Police. (2) What Obstacles and Obstacles Did the Police Encounter in Eradicating Online Gambling Crimes in the Legal Area of the Grobogan Police? The research objectives to be achieved are to find out and analyze the police's methods of preventing online gambling crimes, as well as to find out the police's constraints and obstacles in handling online gambling crimes in the jurisdiction of the Grobogan District Police. in the jurisdiction of the Grobogan Police. The legal basis for online gambling is article 27 paragraph 2 in conjunction with Article 45 paragraph 1 of Law No. 19 of 2016 concerning Information and Electronic Transactions]]>
<![CDATA[Faktor Pendukung PT Rayon Utama Makmur dalam Penghentian Proses Produksi Berdasarkan UU No. 11 Tahun 2020 tentang Cipta Kerja ]]>
<![CDATA[Cosmas Primvance Daega Arya Putra]]>;
<![CDATA[Waluyo Waluyo]]>;
<![CDATA[Rosita Candrakirana]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i1.176
<![CDATA[The development of the industrial sector in Indonesia not only has a positive impact but also has a negative impact, especially in terms of environmental pollution. Environmental pollution that occurs can disturb and unsettle the community. The waste produced by PT Rayon Utama Makmur creates a pungent odor that is disturbing and disturbing the comfort of the community, especially those located behind the PT Rayon Utama Makmur factory. The standard criteria for environmental damage have been regulated in laws and regulations. Based on Law Number 11 of 2020 concerning Job Creation, the matter regarding PT Rayon Utama Makmur has been transferred to the Ministry of Environment and Forestry of the Republic of Indonesia so that the Sukoharjo Regency Environmental Service no longer has further authority regarding the continuation of this case. This study aims to analyze the factors that influenced PT Rayon Utama Makmur to finally decide to stop its production process and what PT Rayon Utama Makmur should do to be able to correct its mistakes. In this study, the authors used a normative empirical research method, which is a research method that combines elements of normative law supported by material data or empirical elements. Furthermore, good will and effort from PT Rayon Utama Makmur are needed to improve the production process and waste disposal process, because the relationship between PT Rayon Utama Makmur and local residents has deteriorated. The Central Government and Regional Governments also need to work together to review the way PT Rayon Utama Makmur treats the remaining production waste.]]>
<![CDATA[Upaya Perlindungan Hukum Terhadap Hak Kesehatan Jasmani Pasien Gangguan Jiwa Berat di Indonesia ]]>
<![CDATA[Silvester Anang Prananto Timur]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Fatma Ulfatun Najicha]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i1.179
<![CDATA[Often with the development of national development which is in line with the 1945 Constitution, the health sector is one part of the national development that the government is trying to achieve the degree of health. Which as high as possible. To guarantee the right to health for every Indonesian citizen, the arrangement is legal protection that is certain for the people in seeking justice. In this regard, the legal issues that occur in Indonesia concern the right to health for people with severe mental disorders who are often underestimated in society and receive a negative stigma that hinders the fulfillment of their right to health. In this case, patients with psychiatric disorders do not only have problems in the psychological sphere but can also have problems in the physical (physical) sphere. This study aims to analyze legal protection for fulfilling the physical health rights of patients with severe mental disorders in Indonesia using normative research methods by collecting legal material sources through positive law legislation and other legal sources of literature to answer the problem solving of these legal issues as a whole. prescriptive. From a review of the regulations of Law no. 36 of 2009 concerning Health found that the right to health is an equal right for all Indonesian citizens, and the services provided are anti-discrimination. In accordance with Law no. 44 of 2009 concerning Hospitals, hospitals have an obligation to provide services and care for patients both medically and non-medically by implementing a referral system according to hospital classification.]]>
