Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
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<![CDATA[Pemberdayaan Mahasiswa Sebagai Salah Satu Komponen Dalam Usaha Bela Negara Di Bidang Pencerdasan Kehidupan Berbangsa Dan Bernegara Dalam Konteks Negara Kesatuan Republik Indonesia ]]>
<![CDATA[Irwan Triadi]]>;
<![CDATA[Annisa Aulia Rahma]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.106
<![CDATA[State defense is an effort made by components within a country to defend, uphold and maintain sovereignty and independence both territorially and in the lives of the people within it. Both outwardly and inwardly. Efforts to defend the country are based on a high sense of nationalism and national and state awareness, therefore efforts to defend the country are not only carried out by certain components within a country, but also by all components that have merged into one within a country as concrete evidence. that an individual has truly become part of a country. Students are no exception. This journal will discuss cases related to the essence of efforts to defend the country on a non-military basis carried out by students through efforts to educate the nation's life through normative juridical analysis methods. This method focuses on further literature study through sources published by legal experts so that their knowledge can be justified. In the process of preparing this journal, the author used a normative juridical analysis method. In general, the normative juridical analysis method is a type of research that focuses on further literature studies, whether from journals, articles, or secondary materials such as laws or literature by legal experts that have been published previously and whose scientific knowledge can be justified. The outcomes that the author hopes for readers through this journal are: 1) Creating awareness in efforts to defend the country, 2) Optimizing the role of students as one of the components of defending the country, 3) Inviting readers to become active participants in efforts to defend the country, 4 ) Raising issues related to the intelligent life of the nation and state in accordance with the goals of the Indonesian nation. It is hoped that this article can open and broaden readers' insight regarding awareness of national defense which is not only carried out on a military basis, but can also be carried out on a non-military basis. For example, through actions to educate the nation's life to support the survival of the nation, by creating future generations of the nation who are superior, competitive and able to compete on the world stage.]]>
<![CDATA[Analisis Peran Serta SPEK-HAM Dalam Proses Pendampingan Kasus KDRT di Surakarta (Perkara Putusan PA Surakarta Nomor 241/Pdt.G/2023/PA.Ska) ]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.118
<![CDATA[Human rights violations such as domestic violence (DV) remain a major issue in Indonesia. Providing support to DV victims is one way to combat the problem of domestic violence. Solidarity Women for Humanity and Human Rights (SPEK-HAM) is one organization that assists domestic violence victims. The aim of this research is to examine how SPEK-HAM helps domestic violence cases in Surakarta. This study uses a qualitative sociological legal research method. Interviews, observations, and document analysis are the data collection methods used. The findings of this study indicate the importance of SPEK-HAM's role in supporting decisions made in the case of PA Surakarta Number 241/Pdt.G/2023/PA.Ska involving domestic violence. SPEK-HAM's responsibilities include legal assistance, which helps domestic violence victims obtain justice through the legal system; psychological assistance, which involves helping domestic violence victims regain their psychological health; and social assistance, which helps domestic violence victims meet their daily needs..]]>
<![CDATA[Tanggung Jawab Pelaku Usaha Atas Overclaim Sun Protection Factor (SPF) Pada Produk Tabir Surya X ]]>
<![CDATA[Nabilla Dhinggar Arumbi]]>;
<![CDATA[Sapto Hermawan]]>;
<![CDATA[Asianto Nugroho]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.127
<![CDATA[The high public demand for sunscreen creates business opportunities for entrepreneurs. However, due to this substantial demand, it cannot be denied that some business actors resort to deceptive practices to maximize profits. This includes distributing sunscreen with exaggerated SPF claims or overclaiming SPF, indicating that the lab test results differ from what is stated on the label. The research method employed is qualitative, with a normative-empirical type of juridical research. The findings reveal that overclaiming constitutes a violation of consumer rights under Article 4 of the UUPK. Additionally, business actors infringe upon other provisions, namely, Articles 7, 8, and 17 of the aforementioned law. The responsibility of business actors for SPF overclaims is outlined in Article 19 of the UUPK, compelling them to compensate consumers for resulting damages. This serves as an implementation of Liability Based on Fault and Product Liability.]]>
<![CDATA[Kekerasan Terhadap Asisten Rumah Tangga Dalam Prespektif Krimilogis : Studi Polresta Kota Bandar Lampung ]]>
<![CDATA[Cindy Pasela]]>;
<![CDATA[Emilia Susanti]]>;
<![CDATA[Gunawan Jatmiko]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.128
<![CDATA[Violence against domestic helpers is one form of crime that often occurs. This is certainly influenced by various factors and relates to the extent to which countermeasures for the crime are carried out. The purpose of the study is to find out what are the factors and efforts to overcome violence against domestic assistants. This study uses empirical juridical and normative juridical approaches. The results of this study show that the factors causing violent crimes against domestic helpers are environmental factors (differential association), economic factors (anomie theory), and religious factors (control theory) which can be overcome through penal and non-penal efforts. ]]>
<![CDATA[Pelaksanaan Analisis Mengenai Dampak Lingkungan (AMDAL) Di Indonesia Dalam Rangka Penegakan Hukum Lingkungan Hidup ]]>
<![CDATA[Erviyanti Rosmaida]]>;
<![CDATA[Irwan Triadi]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.133
<![CDATA[The general aim of writing this paper is to clarify the implementation of environmental impact analysis (AMDAL) in Indonesia and efforts to overcome various obstacles faced in enforcing environmental laws. The research method used in writing this article is normative legal research, but what is analyzed is not data, but through a case approach method, namely to be able to understand material facts by paying attention to the abstraction of the formulation of facts that occur in environmental law enforcement in Indonesia. Thus, there is a close relationship between analytical methods and problem approaches. The results of the study show that environmental impact analysis is an effective control method. AMDAL is essentially a refinement of a development project planning process. The negative impacts that are often caused by development projects can be minimized with AMDAL. Efforts that can be made to make this happen are by carrying out development that is environmentally friendly, that is, the environment is taken into account from the time the development is planned until the construction is operational. With environmentally friendly development, development can be sustainable. As has been evaluated, the AMDAL process in Indonesia has many weaknesses, including: AMDAL has not been fully integrated in the licensing of a development activity plan, the community participation process has not been fully optimal. Apart from that, there are also various weaknesses in the implementation of AMDAL studies and the methods for preparing AMDAL, especially socio-cultural aspects, are still weak.]]>
<![CDATA[Implikasi Etika Bisnis Dalam Perdagangan Benih Lobster Menurut Hukum Internasional ]]>
<![CDATA[Elvina Fardila]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.134
<![CDATA[The aim to be achieved in this research is to find out the importance of business ethics in the lobster seed trade according to international law. The method used in this research is normative law using secondary data in the form of journals and books related to the chosen research theme. The results of this research show that international law is a benchmark in covering various business actions which contain various ethics that must be adhered to by various countries. international law that regulates which is contained in the Sustainable Development Goals (SDGs) as an international law that emphasizes the preservation of future generations where this leads to extinction which can result in losses for the next generation]]>
<![CDATA[Menilai Kembali Kebijakan Hukum Perlindungan Lingkungan Hidup Dalam Undang-Undang Cipta Kerja Untuk Mendukung Kelestarian Ekologi ]]>
<![CDATA[Isti Puspitasari]]>;
<![CDATA[Erviyanti Rosmaida]]>;
<![CDATA[Christloy Totota Karo Karo]]>;
<![CDATA[Irwan Triadi]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.137
<![CDATA[The purpose of this article is to find out how to change environmental legal policy into environmental law into the Job Creation Law and to find out the appropriate efforts to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law. The research method presented in this article uses a normative legal approach, namely descriptive analysis. The results of the study in the article show that the concept of environmental law has become a legal policy that activates various instruments that regulate environmental problems in Indonesia, both regulatory and planning instruments. Finally, the aim of environmental legal policy is to ensure the implementation of sustainability in Indonesia from an environmental perspective. Efforts that must be made to address changes in environmental legal policy from the environmental protection perspective of the Job Creation Law are: 1) Simplification of permits; 2) Strict responsibility and 3);Restrictions on environmental rights. These three things cannot be taken lightly, so as not to have the worst impact on the quality of the environment. The Job Creation Law and its derivatives already existed until legal action was taken to revoke them. This is an important consideration where the Government must continue to develop good faith partnerships with the community to implement the Work and its consequential provisions.]]>
<![CDATA[Disgorgement dan Disgorgement Fund: Pemulihan Kerugian dan Perlindungan Investor ]]>
<![CDATA[Monica Fitriyani Purba]]>;
<![CDATA[Adi Sulistiyono]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.139
<![CDATA[This research is conducted to analyze the comparison of disgorgement in the US and Indonesia and the regulation of POJK No. 65 /POJK.04/2020 in legal protection for investors. This research is categorized as normative legal research with a statute approach and comparative approach and uses library research techniques from primary and secondary legal sources. The results showed that POJK No. 65 /POJK.04/2020 has the potential to recover investor losses. Nevertheless, the risk of loss still exists mainly due to crimes and violations in the capital market. By implementing the regulation, it is expected to increase investor confidence and strengthen the integrity of the capital market. However, to achieve optimal implementation, further education to investors, transparency in the disgorgement determination process, and an effective monitoring and evaluation system are needed.]]>
<![CDATA[Analisis Yuridis Kedudukan Hukum Nota Kesepahaman Dalam Pranata Hukum Kontrak Di Indonesia ]]>
<![CDATA[Azamta Besnata Mutiara]]>;
<![CDATA[Arief Suryono]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.141
<![CDATA[The lack of regulation regarding the position of a memorandum of understanding often causes disputes between the parties who make it. The position of the memorandum of understanding is very important because it affects the legal consequences. The position can be studied through several aspects, namely based on classical and contemporary contract law theories, the Civil Code, civil law and common law legal systems, and UNIDROIT arrangements. The result of this research is that Indonesia tends to adhere to classical contract law theory by adhering to Article 1320 of the Civil Code. Furthermore, as a civil state (not fully), Indonesia regulates good faith in the nomenclature of legislation, namely Article 1338 (3) and 1965, but has not specifically regulated the good faith of the memorandum of understanding. Indonesia has also ratified UNIDROIT, so that the memorandum of understanding needs to be adjusted to the principles of good faith and fair dealing contained in Article 1.7 of UNIDROIT.]]>
<![CDATA[Penerapan Pelaksanaan Going Concern Oleh Tim Kurator PT Star Prima (Dalam Pailit) ]]>
<![CDATA[Dina Fiddaniah]]>;
<![CDATA[Arief Suryono]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.144
<![CDATA[In the Bankruptcy Law and PKPU, there are two steps in proposing a going concern, namely after the bankruptcy decision (solvent), which is regulated in Article 104 of the Bankruptcy Law and PKPU, and after insolvency, which is regulated in Article 179 paragraph (1) of the Bankruptcy Law and PKPU. This research uses an empirical juridical approach. Empirical juridical research is data that is first examined, namely secondary data, followed by research on primary data in the field or in the community. This research is descriptive empirical normative legal research. Types and sources of research data include primary data and secondary data consisting of primary and secondary legal materials. The approaches used in this research are the statute and case approaches. The research results show that the implementation of going concern carried out by the PT Star Prima Curator Team (in bankruptcy) is by the Bankruptcy Law and PKPU, namely 1) obtaining approval/permission from the supervisory judge and the creditors accepted, 2) proposed when the debtor is in a state of insolvency, 3) regularly 3 (three) months once reported to the supervising judge.]]>
