Welfare State Jurnal Hukum
Welfare State Jurnal Hukum merupakan jurnal ilmiah yang diterbitkan secara berkala oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Islam Jember. Welfare State Jurnal Hukum dibentuk bertujuan untuk menjadi sarana yang efektif dalam upaya meningkatkan budaya penelitian dan publikasi karya ilmiah bagi akademisi dan praktisi hukum yang sesuai dengan standar mutu nasional. Welfare State Jurnal Hukum terbit berkala dua kali dalam satu tahun yaitu pada bulan April dan Oktober dengan 6 artikel dalam setiap nomor terbitan. Fokus kajian Welfare State Jurnal Hukum meliputi isu-isu hukum utama baik di Indonesia maupun internasional dalam lingkup Hukum Perdata, Hukum Pidana, Hukum Korporasi, Kebijakan dan Hukum Peradilan Pidana, Hukum Konstitusi, Hukum Hak Asasi Manusia, Hukum Administrasi, Hukum Lingkungan, Hukum Pertanahan, Hukum Kekayaan Intelektual, Hukum Teknologi Informasi, Hukum Internasional, Hukum Islam, Asas dan Teori Hukum, Metodologi Penelitian Hukum, serta Arbitrase dan Alternatif Penyelesaian Sengketa (ADR).
Articles
24 Documents
<![CDATA[Kepastian Hukum Penyelesaian Sengketa Medis Melalui Mediasi di Luar Pengadilan ]]>
<![CDATA[Muhammad Afiful Jauhani]]>;
<![CDATA[Supianto Supianto]]>;
<![CDATA[Tioma R. Hariandja]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1470
<![CDATA[The provisions of Article 29 of Law Number 36 of 2009 concerning Health states that, in the event that a health worker is suspected of negligence in carrying out his profession, the negligence must be resolved first through mediation. The explanation of the article states that, Mediation is carried out when a dispute arises between health workers providing health services and patients as recipients of health services. Mediation is carried out with the aim of resolving disputes out of court by a mediator agreed by the parties. This type of research is normative juridical. Normative law research uses normative case studies in the form of products of legal behavior, for example reviewing laws. Based on the research, it can be concluded that mediation efforts to resolve media disputes outside the court are more flexible regarding the time and place of implementation. and is considered capable of maintaining the confidentiality of the disputing parties. The peace agreement resulting from mediation of medical disputes outside the court which has been determined by the Court as a deed of peace (acte van dading) has the same power as a court decision which has permanent legal force (incracht van gewijsde), so it has binding and final force (final and binding). ), perfect evidentiary power as well as executorial power.]]>
<![CDATA[Penguatan Kelembagaan Desa Melalui Peningkatan SDM Aparatur Pemerintahan Desa dan Memasukkan Unsur ASN dalam Pemerintahan Desa ]]>
<![CDATA[Muhammad Hoiru Nail]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1546
<![CDATA[Village Government with the promulgation of Law Number 6 of 2014 concerning Villages clearly indicates that there are efforts to strengthen village institutions or the existence of villages is very large and strategic in development and realizing welfare for the people. The initial government units from ministries, provincial and district/city governments in their apparatus are accompanied by the State Civil Apparatus without exception, but it is questionable that in the village government unit there is not a single apparatus from the State civil apparatus. The village government which is a government that is directly related to the people needs to be considered especially for the sake of strengthening and improving services to the community by including elements of the State Civil Apparatus in it.]]>
<![CDATA[Ambiguitas Putusan Mahkamah Konstitusi Republik Indonesia Dalam Perkara Nomor 91/PUU/MK-VXIII/2020 ]]>
<![CDATA[sidi alkahfi setiawan]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1549
<![CDATA[The Constitutional Court is a new institution in Indonesia that also handles dispute resolution on judicial review in Indonesia. This is related to the new order era, there was no official institution authorized to examine the formation of legislation. One form of testing the legislation is to examine the implementation of Law Number 11 of 2020 concerning Job Creation which uses the omnibus law system in the preparation of the legislation. Whereas in the legal system in Indonesia as regulated in Law Number 15 of 2019 concerning the Establishment of Legislation, it does not recognize the omnibus law system but rather on the codification of laws such as the Civil Code and Law Number 7 of 2017 concerning Elections. The emergence of this work copyright law cannot be separated from the many laws and regulations that apply in Indonesia which actually hinder investment. This over-regulation is caused by every institution and every problem, laws and regulations can be formed, which in the end actually creates a synchrony between the laws and regulations.]]>
<![CDATA[Dampak Kelebihan Kapasitas terhadap Pemenuhan Hak-Hak Warga Binaan di Lembaga Pemasyarakatan Kelas IIA Jember ]]>
<![CDATA[Isl Aldiena Qodar]]>;
<![CDATA[Supianto Supianto]]>;
<![CDATA[Yuli Winiari Wahyuningtyas]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1550
<![CDATA[Overcapacity of detainees occurs in almost all prisons, this excess capacity causes various problems in prisons, such as the failure of the main purpose of the prison, namely the development of Correctional Assisted Citizens (WBP) and can lead to new crimes due to the excess capacity. The excess capacity of the inmates will have an impact on the fulfillment of the rights that should be obtained by the inmates. The aim of this research is to find out the impact of excess capacity of inmates on the fulfillment of the rights of inmates in the Class IIA Jember Penitentiary. This research uses normative and empirical research methods. The results showed that the impact of the excess capacity of inmates in the Class IIA Jember Penitentiary, among others: the difficulty of the prisoners to rest and activities, disruption of the rights of inmates, inadequate sanitation, conflicts that cause fights, and less than optimal supervision by officers. In an effort to overcome the impact of excess capacity of WBP, Jember Prison carries out various preventive and repressive efforts.]]>
<![CDATA[Mewujudkan Model Desa yang Ramah Perempuan dan Peduli Anak sebagai Upaya Mencegah Pekerja Anak di Sektor Pertanian ]]>
<![CDATA[firda laily mufid]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1552
<![CDATA[The challenge facing Indonesia today is child labor in the agricultural sector. Agricultural land which is the center of livelihood for most of Indonesia's population makes children as workers in the agricultural sector. Based on data on the assessment of child labor in Indonesia in the agricultural sector and recommendations by Modelez International in 2020, there are more than 4 million child workers in Indonesia and 20.7 percent of them are trapped in hazardous work environments or the Worst Forms of Child Labor (WFCL). Strategies to reduce the number of child labourers. among others, ensuring that the issue of child labor remains in the policies and programs of special child protection in the district or city. Development of a women-friendly and child-friendly village model as an approach to child labor prevention and coordination of child labor prevention in 4 priority sectors, namely agriculture, fisheries, services, and tourism. The purpose of this paper is to find out the legal protection of child labor in the agricultural sector, especially in Indonesia and to explain the realization of the women-friendly and child-friendly village model. The result of this paper is the realization of a women-friendly and child-friendly village model that can be used as a model for other villages in Jember district. The recommendation to be achieved is the existence of a village pilot area that is friendly to women and cares about children which can be directly fostered by the relevant agencies. ]]>
<![CDATA[Analisis Mengenai Pengaturan Sanksi terhadap Pelanggaran Pencatatan Perkawinan di Indonesia ]]>
<![CDATA[Solehati Nofitasari]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 1 (2022): APRIL ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i1.1553
<![CDATA[Marriage registration as regulated in Article 2 paragraph (2) of the Marriage Law, although it has been socialized for quite a long time, it turns out that until now there are still perceived obstacles. The pros and cons became even more pointed, when one of the articles in the bill that became controversial was the punishment imposed on the perpetrators of unregistered marriages. The method in this study uses a normative legal research method, with a statutory approach. Regulations applied by the State of Indonesia have regulated the application of sanctions for violations of marriage registration in their respective countries, but with some important notes; First, when it comes to regulations and also in terms of material content: Regulations in Indonesia are contained in Government Regulation (PP) No. 9 of 1975 Article 45 paragraph (2) letter b. Second, based on the history of the establishment of the regulation on Family Law, which includes sanctions for violating marriage registration: Regulations in Indonesia have regulated marriage since 1946, namely in Law 22 of 1946 concerning the Registration of Marriage, Marriage, Divorce and Reconciliation.]]>
<![CDATA[Pertanggungjawaban Debitur Yang Tidak Melaksanakan Kewajibannya Terhadap Kreditur Berdasarkan Perjanjian PKPU (Studi Kasus PT. ST) ]]>
<![CDATA[Reval Pradana Putra]]>;
<![CDATA[Trinas Dewi Hariyana]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i2.1596
<![CDATA[The objectives to be achieved in this study are to examine and analyze the problems that occur between debtors, namely the old PT. ST owners and their employees where the employees who claim their rights to the new PT. ST owners who should be in the agreement are not the ones who have to bear the burden of the old debtors. . The approach method used is empirical or direct research to related parties. From the responsibilities carried out by the old debtor, he only carried out part of his responsibilities before the payment of the new debtor was completed, after the repayment of the old debtor, the old debtor defaulted by running away from his responsibility to his creditor which was then indirectly transferred to the debtor. the old one is the new owner of PT. ST. Efforts made by the creditor when there is a default by the debtor can be done by litigation or non-litigation starting from subpoenas and so on. Efforts made by creditors against new debtors are carried out in a non-litigation way by paying the installment system with the agreement that has been agreed in the PKPU agreement.]]>
<![CDATA[Perlindungan Hukum Pemilik Hak Cipta Terkait Pembajakan Karya Sinematografi Pada Platform Telegram ]]>
<![CDATA[Alifia Bissil Mikafa]]>;
<![CDATA[Tioma R. Hariandja]]>;
<![CDATA[Muhammad Hoiru Nail]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i2.1669
<![CDATA[The cinematography in telegram is widely misused by irresponsible people by piracy. In fact, cinematography is a component contained in copyright law that must be protected. The first problem is how is the legal protection for copyright owners? And the second dispute resolution that can be taken by the copyright owner? This research method uses the normative method. And it will become a legal problem if piracy continues on Telegram. Copyright owners need to be protected with two forms of protection, namely preventive legal protection and repressive legal protection. As for dispute resolution, it can be done through litigation and non-litigation.]]>
<![CDATA[Analisis Hukuman Kebiri Kimia dan Pemasangan Alat Pendeteksi Elektronik Bagi Pelaku Kekerasan Seksual Terhadap Anak ]]>
<![CDATA[Muhammad Firmansyah]]>;
<![CDATA[suphia suphia]]>;
<![CDATA[Solehati Nofitasari]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i2.1670
<![CDATA[Chemical castration and installation of electronic detectors are additional punishments for perpetrators of sexual crimes against children. The problem in this research is how the procedures and installation of electronic detection devices for perpetrators of sexual violence against children are based on Government Regulation number 70 of 2020 concerning Procedures for the Implementation of Chemical Castration, Installation of Electronic Detection Devices, rehabilitation, and Announcement of the Identity of the perpetrators of Sexual Violence against Children and what the impact that will be felt by perpetrators of sexual violence against children after receiving additional punishment in the form of chemical castration. The method used is a normative legal research method. The conclusion of this study is that the procedures for implementing chemical castration and the installation of electronic detection devices are in accordance with applicable government regulations and procedures, although there are still many bad impacts that will be experienced by perpetrators of sexual violence against children, on the other hand the government has implemented appropriate punishments and has thought about consequences and of course providing rehabilitation, all for the common good and efforts to reduce the level of sexual violence that occurs and is experienced by children.]]>
<![CDATA[Perlindungan Hukum Bagi Investor Pada Transaksi Aset Mata Uang Digital Cryptocurrency Di Indonesia ]]>
<![CDATA[Agung Gilang Prayoga]]>;
<![CDATA[Nanang Nanang]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 1 No. 2 (2022): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v1i2.1683
<![CDATA[Cryptocurrency or crypto currency is a digital currency that uses an encryption system and there are various forms of this digital currency spread all over the world. In Indonesia, people are starting to use Cryptocurrencies and not a few have become investors through this digital currency. The first problem How is the existence of cryptocurrency as a digital currency in Indonesia? Second, how is the legal power of cryptocurrency in Indonesia. This research method uses normative legal research methods. The result of the first discussion is that the existence of Cryptocurrency or cryptocurrencies only applies to the trading sector and is only recognized by Bappepti. The result of the second discussion is that cryptocurrency digital currency cannot be used as a legal currency because it does not meet the elements as a legal currency in Indonesia.]]>
