Ajudikasi : Jurnal Ilmu Hukum

Bureaucracy Amid Political Power Struggle: A Critical Paradigmatic Review

2024-06-25T17:19:59+07:00

The study of bureaucracy politicization in Indonesia has been mainly putting bureaucracy on its passive-position scenes. It viewed civil servants as politically subordinated by political officials. Bureaucracy in this classic paradigm had no other role but to execute what political officials decided. The barrier was clear, politicians made policy; civil servants administered the policy. Politicians made decision; bureaucrats merely implemented them. In this kind of relationship, bureaucracy had no other option but to obey the political leader’s decisions submissively. This article came up with different perspectives. It criticized the classic paradigm and challenged the notion of civil servant’s subordination before politics. Applying literature review, this study found out that bureaucracy had not merely administered the policy but also engaged in the making of it. Bureaucrats had more than enough of authorities to may choose independently to either take passive-position as an object of politicization or becoming active political actor on the stage of political power competition. Considering more bureaucracy leaders transforming into political officials, this may lead to the re-establishment of bureaucratic polity in Indonesia in the near future.

The Effect of Restorative Justice for Drug Users on The Overcapacity of Correctional Facility in Solo City

2024-06-25T17:16:36+07:00

The problem of drug abuse has become a major challenge in many countries, causing the number of prisoners addicted to narcotics to increase and causing overcrowding in prisons. This article discusses the influence of restorative justice as an innovative solution in dealing with drug users and overcrowding in correctional facility. Restorative justice replaces the traditional punishment-focused approach with one that is oriented towards rehabilitation, reconciliation, and the active participation of drug users in the rehabilitation process. In addition, restorative justice can help reduce overcrowding in prisons by reassessing the detention approach to drug users. Alternatives such as community-based rehabilitation programs and electronic monitoring could be implemented to alleviate pressure on the overcrowded prison system. By combining restorative justice and prison reform, governments can create more sustainable and humane solutions to the complex challenges of drug addiction.

Supeltas dalam Tinjauan Asas Kepastian Hukum

2024-06-26T15:45:58+07:00

Volunteer traffic controllers (Supeltas) continue to increment along with the increase in traffic flow. Their existence has a two-sided assessment, some welcoming their presence and others rejecting it. Departing from the opinion or information that supeltas have an explication legal basis in the traffic and transportation regulation, the researcher tries to analyze deeper. How is the legal framework of supeltas and how is the position of supeltas in terms of the principle of legal certainty. The purpose of this research is first, to see and describe the position of supeltas in terms of the principle of legal certainty. Second, as material for further research that focuses on the issue of traffic order in legal science perspective. This research uses descriptive analytical with normative juridical research, with a research approach used statue approach and library approach. The kind of data used is secondary consisting of primary legal materials such as regulations and undang-undang, secondary legal materials law like books, scientific journals of law, other scientific journals and tertiary materials such as websites, electronic mass media news, legal and general encyclopedias, language dictionaries. The results showed that the rules of supeltas has not fulfilled the principles of legal certainty and defined authority and has not fulfilled the elements of legal protection for all parties including the traffic control volunteers themselves.

A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan

2024-06-27T08:54:09+07:00

Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.

The Responsibilities of Business Actors and The Legal Implications of Minors Purchasing Online Mobile Game Credits

2024-06-28T11:05:27+07:00

Children’s interactions and lifestyles worldwide have greatly benefited from the expansion of the internet gaming sector. However, the practice of minors purchasing and reselling online game certificates has prompted concerns about the accountability of corporate operators and potential legal repercussions. In the context of minors purchasing online game vouchers, this study investigates the responsibilities of commercial actors and the legal implications. This research methodology uses a normative legal approach to gather data from the literature, relevant judicial judgments, statutes, and regulations. This analysis aims to comprehend corporate actors' accountability, legal ramifications, and parents' function in this type of transaction. The findings demonstrated that business actors who offer online game vouchers have a duty to uphold the legitimacy of transactions. Businesses have a responsibility to make sure that such transactions adhere to ethical and legal standards, even though many laws forbid minors from engaging in transactions without their parent's permission. The legal ramifications of minors purchasing and selling online game vouchers may include possible violations of consumer rights, the protection of personal data, and provisions of contracts that may be void owing to age restrictions. Monitoring and limiting their children's access to these kinds of transactions is a crucial responsibility for parents. Collaboration between commercial actors, the government, and parents is required to maintain the integrity and protection of children in online game voucher purchasing and selling operations.

Urgensi Pelaporan Gratifikasi dan Konsekuensi Hukum bagi Penyelenggara Negara

2024-06-28T15:16:17+07:00

The practice of gratification is for the Indonesian people a natural and natural tradition, but if the gift has a power relationship related to the duties and positions of the recipient, the meaning of the gift is no longer considered normal and leads to corrupt behavior. This writing aims to determine the criteria for gratification offenses that are considered bribes and determine the implications of gratification reporting. This research using normatif approach by identification regulation of gratification, technic collection data using library research by qualitative analysis. Gratification is considered corruption if it is given in connection with the recipient's duties and authority as a state administrator and is not reported to the Corruption Eradication Commission. The legal consequences of reporting gratuities for civil servants are that they are free from criminal threats, free from conflicts of interest, reflect high integrity, and are a means of self-evaluation.

Legal Protection for Micro, Small, and Medium Enterprises in the Perspective of Job Creation Act

2024-06-29T23:04:40+07:00

The Job Creation Law, or often referred to as the Omnibus Law, has become a hot topic of debate in the community. On one hand, there are those who support this law on the grounds that it can accelerate economic growth and create new jobs. History shows that MSMEs have tremendous resilience in the face of economic crises. When the economic crisis hit in 1998 and 2008, MSMEs were relatively able to survive compared to large companies. Despite their great potential, MSMEs in Indonesia face various challenges. One of the main challenges is limited access to financing. Many MSMEs struggle to obtain sufficient working capital to expand their businesses. In addition, the low level of education and skills of the workforce is also an obstacle in improving the productivity and competitiveness of MSMEs. The research process using literature studies began with a descriptive qualitative research type. Legal protection for MSMEs is currently better regulated through the Job Creation Law and Government Regulation Number 7 of 2021. Both regulations pay special attention to financing and legal assistance for MSMEs, including legal counseling, legal consultation, mediation, and out-of-court assistance

Applying the Principle of Strict Liability in Environmental Protection

2024-06-30T07:46:49+07:00

Forest and land fires are an unavoidable chore for Indonesia every year. Law enforcement continues to be pursued to hold the perpetrators responsible for the losses arising from the fires. This research analyses the validity of PT WMA's corporate position as a legal subject to be liable using the principle of strict liability for fires that occur in Indonesia. It also analyses the application of collateral confiscation in providing certainty over liability in accordance with the applicable verdict. This research is normative juridical in nature by analysing Decision Number 234/Pdt.G/LH.2016/PN.Plg by using several approaches, namely juridical approach, statutory approach and conceptual approach. Based on the results of the research, it is concluded that PT WMA is legally a legal subject that is absolutely responsible for the fires that occurred in its work area and the application of collateral confiscation can be carried out if this is confirmed in environmental legislation, especially to regulate the asset verification mechanism.

Land Acquisition for Infrastructure Development with the Mechanism of Government Cooperation with Business Entities (KPBU): Case Study of Lhok Guci KPBU Project

2024-07-01T13:26:55+07:00

This research discusses land acquisition for infrastructure development through the mechanism of Government Cooperation with Business Entities (PPP) with a case study of the Lhok Guci PPP project. Land acquisition is a crucial stage in PPP that often faces various legal, social, and economic challenges. This research uses a normative juridical method to analyze relevant regulations and a conceptual approach to understand key concepts. The stages of land acquisition studied include planning, location determination, implementation, compensation, release of rights, granting land rights, and supervision. The Lhok Guci case study shows the importance of transparency and coordination between relevant parties for the success of PPP projects. The results of the study are expected to improve the efficiency of the land acquisition process in future infrastructure projects.