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PLEDOI (Jurnal Hukum dan Keadilan)
Published by Amal Insani Foundation
ISSN : -     EISSN : 29626072     DOI : 10.56721/pledoi.v1i1
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
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
Arjuna Subject : Umum - Umum
Articles 25 Documents
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Reflections and Expectations of Democracy in The Implementation of Regional Autonomy: Long - Term Potential for Appointment of Acting Regional Heads Emmanuel Ariananto Waluyo Adi; Theresia Rachelita Devia Irani
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.184

Abstract

Indonesia is a democratic country that implemented regional autonomy. The era of regional autonomy has been implemented since the Indonesian government issued Law no. 22 of 1999 concerning Regional Government and has continued to this day. Many dynamics have occurred as well as challenges and achievements for this autonomy, such as local governments being able to advance programs according to their regional characteristics, even increasing cases of corruption by regional heads, and many more. Article 201 Paragraph (9) of Law Number 10 of 2016 concerning the Second Amendment to Law Number 1 of 2015 concerning the Stipulation of Government Regulations in  Law Number 1 of 2014 Concerning the Election of Governors, Regents, and Mayors which has become Law Number 6 2020 concerning the Election of Governors, Regents and Mayors, mentioning that in commemoration of the deaths of the Governor and Deputy Governor, Regent, and Deputy Regent, as well as Mayor and Deputy Mayor whose term of office ends in 2022 and whose term ends in 2023, acting Governor, acting Regent, and acting Mayor is appointed until the election of the Governor and Deputy Governors, Regents, and Deputy Regents, as well as Mayors and Deputy Mayors through simultaneous national elections in 2024. Therefore, currently, many regional heads positions in Indonesia are welcomed by Regional Heads in Charge who is appointed by the Central Government by statutory provisions. This has become a polemic and the authors find that the implementation of regional autonomy has so far been suboptimal so the central government needs to further regulate the provisions for the placement of the intended Regional Heads in Charge to achieve an ideal of democracy.
Perlindungan Hukum Terhadap Konsumen Yang Dirugikan Dalam Transaksi Jual Beli Barang di Online Shop Aldi Rozzaq Bimantara; Edi Pranoto
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.189

Abstract

The use of electronic media to function as digital data in making agreements will have an impact on the performance of companies that carry out their activities using electronic media such as the internet, but agreements made via the internet do not mean they do not cause problems. This problem is with the development of crime that utilizes the internet network, namely the rise of fraud via the internet, especially in online transactions. The government's efforts to provide consumer protection have been reflected in the establishment of Law No. 6 of 19999 concerning Consumer Protection. Where it has been regulated regarding the rights and obligations of consumers. In addition, there are rights and obligations for the seller. Therefore the authors are interested in conducting research with the title "Legal Protection of Consumers who are disadvantaged in buying and selling transactions of goods at online shops". The formulation of this problem is How to Legal Protection Against Consumers Who Are Aggrieved in Buying and Selling Transactions through Shopee E-commerce according to Law Number 8 of 1999 concerning Consumer Protection and How is Shopee's policy in protecting consumers in transactions who are disadvantaged in buying and selling transactions. This study uses a normative juridical type with a qualitative descriptive analysis focusing on secondary data. Based on the results of the study, it can be concluded that Law Number 8 of 1999 concerning Consumer Protection Law has provided efforts to protect buying and selling transactions online, namely the inclusion of rights and obligations owned by sellers and buyers that must be fulfilled. Concerning protection for online transactions at Shopee, Shopee also has various policies that refer to the provisions of Government Regulation (PP) number 80 of 2019 concerning Trading Through Electronic Systems (UU PMSE), namely Article 26 which contains the fulfillment of obligations for business actors and Article 27 which contains the provision of compliant services. The form of legal protection provided to consumers is particularly related to forms of loss such as default, unilateral cancellation, and Shopee account breaches.
Pengelolaan Sampah Melalui PLTSa Di Indonesia Untuk Mewujudkan Net Zero Emission Gresia Putri Damayanti; Waluyo Waluyo; Rosita Candrakirana
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.193

Abstract

The goal of this paper is to conduct a normative analysis of the PLTSa development in Indonesia as a form of net-zero emissions policy. This research is normative and conducted through library research utilizing the statute approach method. It is done by looking normatively at the relevant statutory regulations. So, utilizing the theory developed by Hans Kelsen and Nawiasky, known as the stufenbau theory, he concentrates on the discussion of statutory regulations connected to PLTSa development in the discussion part and the study findings. Examining if different legal frameworks governing PLTSa development in Indonesia are harmonized is the goal. Additionally, the discussion and research findings in this paper draw on studies of the literature from a range of sources that address the integration of the Sustainable Development Goals (SDGs) and the principles of Good Environmental Governance in Indonesia's PLTSa development plans. According to the research in this paper, it can be concluded that PLTSa development in Indonesia can positively influence efforts to achieve net zero emissions, and that PLTSa use in waste management is a form of environmental protection that is consistent with the objectives of sustainable development. In order to develop and administer PLTSa in Indonesia, the government still needs to take into account a number of factors, starting with the implementation of these policies and statutory regulations. in order for the PLTSa policy optimization to work effectively.
Kajian Viktimologi Terhadap Anak Korban Kekerasan Seksual di Lingkungan Keluarga Shalahuddin Al Ayyubi; Dian Esti Pratiwi
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.195

Abstract

Cases of sexual violence against children are rife in Indonesia, especially sexual violence experienced by a child in his own family environment. Law in Indonesia has accommodated the protection of child victims of sexual violence in the family environment in Law Number 12 of 2022 concerning Crimes of Sexual Violence and Law Number 35 of 2014 concerning amendments to Law Number 23 of 2002 concerning Child Protection. Victims' rights are also regulated in other regulations, namely in Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2006 concerning Protection of Witnesses and Victims. In its implementation, the rule of law still has many shortcomings so that it is not optimal in solving the problems of child victims of sexual violence in the family environment. The research method used is normative by examining existing legal regulations relating to sexual violence against children. Opportunities to strengthen these articles can be accommodated in the Draft Criminal Code, so that in the future the problem of sexual violence against children in the family environment can provide the best solution.
Pengaturan Tenaga Kerja Asing Sebagai Instrumen Alih Teknologi dan Pengetahuan Pasca Berlakunya UU No. 11 Tahun 2020 Tentang Cipta Kerja Eka Rismawati; Lego Karjoko; I Gusti Ayu Ketut Rachmi Handayani
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 1 (2023): Maret
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i1.197

Abstract

The regulation of using foreign employees as a tool for technology and knowledge transfer, roadblocks that arise while implementing technology and knowledge transfer, and government initiatives to promote the quickening of technology and knowledge transfer are all examined in this study. This study is a normative legal investigation. Legal main and secondary sources are examples of primary data. The method for gathering data was a literature review, which involved reading books, looking over rules and regulations, and looking over other relevant research findings. The findings of this study suggest that Indonesia's laws governing the employment of foreign workers have not explicitly restricted the means through which technology can be transferred through foreign workers.
Hak Tidak Diganggu Gugat: Studi Kasus Perkelahian Antara Diplomat Nigeria Dengan Petugas Imigrasi Indonesia Anom Manacika Mahawijaya I Gusti Ngurah
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.151

Abstract

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.
Korelasi Dampak Aktivitas Perdagangan Internasional Terhadap Kerusakan Lingkungan Alfan Dzikria Nurrachman; Iramadya Dyah Marjanah
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.187

Abstract

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.
Pemenuhan Hak-Hak Khusus Pekerja Perempuan Di Kabupaten Karanganyar Berdasarkan UU No 13 Tahun 2003 Tentang Ketenagakerjaan Juli Setyo Rini; Purwono Sungkowo Raharjo
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.198

Abstract

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.
Analisa Kebijakan Peraturan Perundang-Undangan Kawasan Tanpa Rokok di Masjid Al-Ikhlas Jebres Surakarta Noventasya Nidya Megasafitri; I Gusti Ayu Ketut Rachmi Handayani; Lego Karjoko
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.214

Abstract

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.
Telaah Implikasi Pembedaan Status Kepegawaian PPPK dan Pemenuhan HAM dalam Payung Hukum PPPK di Indonesia Salwa Husna Sekai Suryawi; Waluyo Waluyo; Asianto Nugroho
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.230

Abstract

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.

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