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
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<![CDATA[Hak Tidak Diganggu Gugat: Studi Kasus Perkelahian Antara Diplomat Nigeria Dengan Petugas Imigrasi Indonesia ]]>
<![CDATA[Anom Manacika Mahawijaya I Gusti Ngurah]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.151
<![CDATA[On the 7th of August 2011, a foreign and immigration officer scuffled in Jakarta. A scuffle happened when an immigration officer took a foreigner to the immigration office. He punched the officer and the officer pressed the foreign to car seat for self-defense. After they arrived on immigration office, the foreigner showed his card identity that tell he is a diplomat from Nigeria. As a diplomat, he has inviolability rights so Indonesia can’t arrest or detain him. In other side, Indonesia has responsibility to protect its citizens from criminal offense. The Aim of this paper are to answer how inviolability rights implementation on this case and how Indonesia can protect its citizens without violating inviolability rights. Author uses normative research method and for this type of research, author uses secondary data. Diplomat has inviolability rights so no one can arrest or detain him when he did criminal offense. In other hand, Indonesia has public safety responsibility to protect its citizens from criminal offense. What Indonesia can do are ask Nigeria to waive that diplomat immunity or Indonesia can declare that diplomat as persona non grata.]]>
<![CDATA[Korelasi Dampak Aktivitas Perdagangan Internasional Terhadap Kerusakan Lingkungan ]]>
<![CDATA[Alfan Dzikria Nurrachman]]>;
<![CDATA[Iramadya Dyah Marjanah]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.187
<![CDATA[International trade activities require a rule as an important support to regulate the process of running the elements of international trade so that it is as effective as it should be. Gradually, the international trade system is beginning to understand more deeply the impacts arising from environmental damage. Attention to the issue of climate change and environmental damage in the midst of the international trade system has become an issue that has been highlighted since the growing awareness of environmental sustainability. The focus of this article's discussion is on the issue of the impact of climate change in the midst of international trade. The research method used in conducting this research is to use normative study methods, using secondary data obtained through literature searches. The purpose of this study is to determine the relationship of climate change that occurs as a result of international trade activities. The results of the study show that international trade activities have quite a serious impact on environmental change or climate change. One example is in the production of cereals which can hamper international trade activities. So that the parties in authority can take preventive steps to prevent environmental damage.]]>
<![CDATA[Pemenuhan Hak-Hak Khusus Pekerja Perempuan Di Kabupaten Karanganyar Berdasarkan UU No 13 Tahun 2003 Tentang Ketenagakerjaan ]]>
<![CDATA[Juli Setyo Rini]]>;
<![CDATA[Purwono Sungkowo Raharjo]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.198
<![CDATA[This research describes and examines the problems regarding the fulfillment of the special rights of women workers in 2 companies, namely PT Argantha Jaya Globalindo and PT Menara Kartika Buana. The first problem is how to fulfill the special rights of women workers and the obstacles to fulfilling the special rights of women workers. This research is an empirical normative legal research that is prescriptive and applied. The sources of law used are primary and secondary sources of law. Data collection techniques, namely literature study and interviews, interviews were conducted with female workers at PT Argantha Jaya Globalindo and PT Menara Kartika Buana as well as from the Surakarta animal workers' labor inspector. The analysis technique used is the syllogistic method which uses a deductive mindset. The results of the discussion explained that, first, the fulfillment of the special rights of women workers at PT Argantha and PT Manara had not been properly fulfilled, there were still violations, especially in fulfilling salaries when taking leave. Second, there are obstacles in fulfilling the rights of women workers from animal workers, companies and women workers.]]>
<![CDATA[Analisa Kebijakan Peraturan Perundang-Undangan Kawasan Tanpa Rokok di Masjid Al-Ikhlas Jebres Surakarta ]]>
<![CDATA[Noventasya Nidya Megasafitri]]>;
<![CDATA[I Gusti Ayu Ketut Rachmi Handayani]]>;
<![CDATA[Lego Karjoko]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.214
<![CDATA[Smoking is still a problem in Indonesia to fulfill the human rights of the Indonesian people in the form of a healthy and clean environment. As a form of the seriousness of the Surakarta City government to answer environmental and health problems caused by smoking, the Surakarta City government issued Regional Regulation Number 9 of 2019 concerning Smokefree Areas. The regulation states that there are 7 (seven) places that are included in the category of Non-Smoking Areas, and one of them is a place of worship. Al-Ikhlas Mosque Jebres Surakarta is one of the non-smoking areas in the form of Muslim places of worship in the city of Surakarta. The purpose of writing this article is to find out the implementation of the non-smoking area policy at the Al-Ikhlas Jebres Surakarta Mosque. The research method used is descriptive normative -doctrinal legal research. The data used are primary legal materials, and secondary legal materials using analysis techniques in the form of the syllogism deduction method. The results showed that the implementation of the no-smoking area at the Al-Ikhlas Mosque in Jebres Surakarta has not been running as it should and the local regulations regarding the No-Smoking Area have not been able to function as an instrument to minimize violations of the smoking ban at the Al-Ikhlas Mosque in Surakarta. Therefore, the results of this study will provide input to the Surakarta city government as a policy maker to improve the Surakarta City Regional Regulation Number 9 of 2019 concerning Smokefree Areas so that the regional regulation can become an instrument in minimizing violations of the smoking ban at the Al-Ikhlas Surakarta Mosque.]]>
<![CDATA[Telaah Implikasi Pembedaan Status Kepegawaian PPPK dan Pemenuhan HAM dalam Payung Hukum PPPK di Indonesia ]]>
<![CDATA[Salwa Husna Sekai Suryawi]]>;
<![CDATA[Waluyo Waluyo]]>;
<![CDATA[Asianto Nugroho]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.230
<![CDATA[This research is based on the presence of Government Employees with Work Agreements (PPPK) in the horizon of the civil service, who are one of the civil servants besides the State Civil Servants (PNS). PPPK holds the same position as PNS, but in terms of employment status, PPPK has a different employment status. This distinction in work status has effects on everything from the length of the employment contract to the fulfillment of human rights obligations, which are different from other civil servants as stated in the regulatory framework related to PPPK in Indonesia. This research aims to identify any regulations related to PPPK that identify status and positional differentiation, which would have negative effects on PPPK, as well as to ascertain whether Indonesian regulations or legal frameworks pertaining to PPPK are consistent with the principles of human rights. This study is a normative research using statute and conceptual approaches related to PPPK regulations, as well as the theory of legal certainty by Gustav Radbruch, and examines several legal sources. Therefore, the discussion and research results will focus more on the differences in employment status and the fulfillment of rights for PPPK within the legal framework governing PPPK in Indonesia.]]>
<![CDATA[Tinjauan Yuridis Pailitnya PT. Merpati Nusantara Airlines Persero Akibat Kelalaian Terhadap Perjanjian Damai ]]>
<![CDATA[Muhammad Rizqy Fajrian]]>;
<![CDATA[Adi Sulistiyono]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.239
<![CDATA[Law No. 37/2004 on Bankruptcy and PKPU has regulated the bankruptcy and PKPU process for SOEs, where the Ministry of Finance is authorized to file bankruptcy applications. The problem that the author wants to raise regarding the differences in the bankruptcy of BUMN Persero, in this discussion is the bankruptcy case of PT Merpati Nusantara Airlines (PT MNA). Based on the explanation of the Bankruptcy and PKPU Law article 2 paragraph (5), it is stated that BUMNs that can be bankrupted by the minister of finance are BUMNs whose capital is not divided into shares or BUMN Perum, while in practice at the trial the bankruptcy of PT MNA was canceled on the grounds that the BUMN (Persero) could only be bankrupted by the Minister of Finance. Whereas BUMN Persero is subject to the Limited Liability Company Law and is also subject to the Limited Liability Company Law, this is because the arrangements regarding the bankruptcy of BUMN are still overlapping, resulting in inconsistencies in the decisions of judges in examining and deciding BUMN bankruptcy cases. The writing of this article uses normative legal research, using primary legal sources, namely the Bankruptcy Law, Limited Liability Company Law and BUMN Law. The data collection technique in this research is a literature study, namely collecting primary legal materials by tracing laws and regulations related to the position of bankrupt BUMN Persero. Furthermore, secondary legal materials are obtained by collecting books, scientific papers, and journals relevant to the author's research. Using deductive pattern as an analysis method by connecting major and minor premises. The result of this research is that PT MNA, even though it is a Persero SOE and its shares are 100% owned by the government, can still be bankrupted by anyone other than the minister of finance as long as it meets the bankruptcy requirements and the bankruptcy decision of PT MNA which is in accordance with the Bankruptcy and PKPU Law is based on 2 articles of the PKPU Law, namely Article 170 paragraph (1) and Article 291 paragraph (2).]]>
<![CDATA[Penerapan Konsep Konsolidasi Tanah pada Permukiman Kumuh Kawasan Semanggi Kota Surakarta Berdasarkan Peraturan Kepala Badan Pertanahan Nasional Nomor 12 Tahun 2019 ]]>
<![CDATA[Yunitya Hilda Natasya]]>;
<![CDATA[Rahayu Subekti]]>;
<![CDATA[Purwono Sungkowo Raharjo]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.240
<![CDATA[This research aims to describe and analyze the implementation of land consolidation arrangements for slum settlements and the obstacles that arise related to land consolidation arrangements for slum settlements in the Semanggi area of Surakarta City. This research is using an empirical methodology with descriptive features. Both primary and secondary sources of information are used in this study; primary sources included interviews, while secondary ones included literature reviews. The location of this research lies in the housing service, residential area, and the mainland of Surakarta. The 1945 Constitution of the Republic of Indonesia (UUD 1945) guarantees all Indonesian residents the right to live in a decent home. This constitutional law gives the government significant influence over the production of any slums-related policies. The result of this study indicates that land consolidation arrangements for slum settlements in the Semanggi area have not been fully implemented in accordance with the applicable laws and regulations, including inadequate fulfillment of PSUs such as the lack of hydrants (fire protection), gas networks, telephone networks, and cemeteries in all setting areas. Obstacles in the arrangement of land consolidation include obstacles in implementation and obstacles in regulations. Obstacles in implementation lead to development delays due to non-fulfillment of the requirements for land consolidation participants and overlapping housing and PSU construction. Obstacles to regulations occur due to a discrepancy in the arrangement pattern between the arrangement on the ground and Government Regulation Number 14 in 2016 concerning Implementation of Housing and Residential Areas.]]>
<![CDATA[A Perspective on Human Rights, the Economic Liberalization of Education Provision in Indonesia ]]>
<![CDATA[Obi Pratama]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.245
<![CDATA[Education is a fundamental right that every citizen has access to, as stated in the preamble of the Undang-Undang Dasar 1945, which is about the nation's intellectual life. The economic liberalization of education provision refers to the recent use of education as a new tool to profit from all angles. Those with lower income levels may notice the effects of economic liberalization in implementing this education because it becomes more challenging for them to obtain the best education. The objectives of this study are to identify the economic liberalization that has taken place in the implementation of education in Indonesia, identify the effects of this economic liberalization, and discover the economic liberalization that has taken place in education provision in Indonesia through its perspective of human rights. A single embedded case study and a descriptive qualitative methodology are used in this study. The study results indicate that diverse parties must promote instruction that adheres to Indonesian national standards. Disparities and prejudice against particular groups seeking an excellent education must be removed to guarantee that every student has equitable access to a high-quality education that will help them develop their potential and talents. As the highest authority, the government should carry out planned programs in line with the desired objectives by evaluating field data and monitoring connected parties' performance.]]>
<![CDATA[Perempuan dalam Keluarga: Tafsir Ulang Amina Wadud dan Khaled M. Abou El Fadl ]]>
<![CDATA[Yusuf Setiawan]]>;
<![CDATA[Subaidi Subaidi]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.246
<![CDATA[The demands of women when they get married is their role in the domestic sphere. A wife's obligation is to take care of children, cook, clean the house, and serve her husband. While earning a living, making connections and relationships, and duties in the public sphere are obligations for the husband. Nowadays, many women are working, educated and have qualifications above men. Meanwhile, the Qur'an and hadith are often used to position and strengthen women in the domestic sphere. So the need to review the sources of Islamic law to adjust the demands of women in this modern era. Amina Wadud as a feminist thinker from among women, has succeeded in interpreting the verses of the Qur'an according to the perspective of female interpreters. While abou al-fadl as a feminist thinker from among men has seen the abuse of hadith interpreted based on the ego of men. This research uses the literature study method. Data was collected and analysed from several references relevant to the topic.. The results of this study, that amina wadud and abou al-fadl reinterpret the position of women in the family sphere, including men and women have equal status, functional differences, Nusyuz is interpreted disharmoniously, divorce, inheritance division, and female witnesses.]]>
<![CDATA[Pengaturan Pidana Tutupan Bagi Pelaku Tindak Pidana Politik: Tepatkah? ]]>
<![CDATA[Darryl Evan Brouwer]]>
<![CDATA[ PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September ]]>
Publisher : <![CDATA[Amal Insani Foundation ]]>
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DOI: 10.56721/pledoi.v2i2.263
<![CDATA[Undisclosed punishment is one of the primary penal sanctions in the Indonesian criminal law system. Criminals are imposed on perpetrators who commit criminal acts because they are driven by "respectable purpose". The element of "respectable purpose refers to political crimes. Thus, technically, convicts who are closed are given privileges compared to those convicted in prison. On the other hand, political crimes are highly destructive because they endanger the legitimate government and therefore endanger the security and peace of society. This paper seeks to examine whether undisclosed punishment is appropriate for perpetrators of political crimes. This issue is studied through a legal research method that is normative by nature with statutory and conceptual approaches. Therefore, the sources of this research are legal norms and legal doctrine which are analysed by the literature review method. Through the legal research conducted, it can be concluded that the disclosed punishment is no longer relevant for perpetrators of political crimes because the privileges given to convicts of covertness are contradictory to the destructive nature of political crimes. In addition, the aim of social defense by criminal law will be more effectively realized by making the deterrence effect more effective, considering that political crimes are very destructive to the state and government. The author’s suggestion is that the disclosed punishment no longer needs to be regulated in Indonesian criminal law, especially the National Criminal Code.]]>
