REVIEW ARTICLE | Feb. 4, 2021
Restructuring the Termination of Prosecution in the Criminal Jurisdiction System of Indonesia
Raymond Ali, Muhammad Said Karim, Andi Muhammad Sofyan, Achmad Ruslan
Page no 27-33 |
10.36348/sijlcj.2021.v04i02.001
The current system of Indonesia for the Termination of Prosecution is deemed ineffective and efficient and has not reached a number of issues that touch the aspect of justice as has been universally applicable in both countries that adhere to civil law and common law systems. The research is a normative-juridical research, using a statute, conceptual and case approaches. The results show that the implementation of the concept of terminating prosecution, both based on the principle of legality and adjudicating cases in the public interest (principle of opportunities) is currently considered ineffective, therefore most cases are transferred to courts which are subsequently examined and decided by judges. It causes the criminal justice system not running in a simple, fast and inexpensive manner and led to an increase in the number of prisoners living in prisons and having to get maintenance from the state. The termination of prosecution using the principle of opportunity needs to be delegated authority from the Attorney General to the Public Prosecutor, especially in relation to the consideration that there has been a settlement between the suspect and the victim as well as crimes committed by vulnerable groups.
REVIEW ARTICLE | Feb. 4, 2021
Initiates Concurrent Election Based on National Legal Votes as Presidential Threshold Indicator
Haedar Djidar, Aminuddin Ilmar, Abdul Razak, Zulkifli Aspan
Page no 34-39 |
10.36348/sijlcj.2021.v04i02.002
The right to vote and be elected in elections is a deviation from the sovereignty of the people which is part of the human rights of every citizen in a democratic country. Hence, to strengthening the presidential system adopted by Indonesia, the presidential threshold policy is also considered capable of reducing parliamentary domination which weakens the presidential system. The research is a normative-juridical research, using a statute, conceptual and case approaches. The results show that the limitation of voting rights with the application of the presidential threshold, the equality of citizens before the law in terms of the principle of justice can be said to not fulfill the principle of justice, namely equality in exercising the right to vote and be elected in the process of changing power. Enforcement of voting rights in terms of statutory regulations shows that the presence of the presidential threshold increases wasted votes, with many wasted votes resulting in many people’s voices being not represented. The right of citizens to vote is contained in the rights of citizens guaranteed by the constitution in the form of equality in law and government.
ORIGINAL RESEARCH ARTICLE | Feb. 4, 2021
Reconstruction of the Implementation of Imprisonment in Indonesia's Penalty System Based on the Value of Justice
Sumanto, Hartiwiningsih, Sri Endah Wahyuningsih, Abdul Kholiq Nur, Kusuma
Page no 40-46 |
10.36348/sijlcj.2021.v04i02.003
The right to receive remission and parole is a human right of prisoners while attending coaching during their prison term in Indonesia is still discriminatory as it has not been based on the value of justice because not all prisoners automatically receive remission or parole even while undergoing guidance in a correctional institution of good behavior. This encourages the author to conduct a study that raises the weaknesses of prison in the prison system in Indonesia currently and how to reconstruct the implementation of imprisonment in a system that has justice values. The research method used in this article is a non-doctrinal method with a constructivist paradigm. The results showed that the fulfillment of prisoners' rights, especially the right to remission and parole rights, was not based on the value of Pancasila justice. It is still discriminatory because it still combined the Integrative Theory with the Theory of Retaliation and not promoting humanity. Therefore, it is necessary to have reconstruction in Article 14 as an effort to fulfill the rights of prisoners. Where the rights of prisoners must be distinguished between absolute or absolute rights with relative rights. the practical implications of reconstruction of the fulfillment of prisoners' rights based on the value of justice in the context of rehabilitation, reintegration and must also through a restorative justice approach.
ORIGINAL RESEARCH ARTICLE | Feb. 4, 2021
Reconstruction of Land Procurement Policies and Land Losses Compensation in the Name of Public Interests Based on Justice Value
Noor Rohmat, Mahmutarom, Anis Mashdurohatun
Page no 47-53 |
10.36348/sijlcj.2021.v04i02.004
In its development, the implementation of Law Number 2 of 2012 in Indonesia has not been in accordance with the mandate of Article 28D of the 1945 Constitution of the Republic of Indonesia, this can be seen in the case of land acquisition in the name of public interest for the construction of toll roads in Sido Gemah where the amount compensation is not in accordance with the expectations of the affected community. This and many other similar cases are what makes the author interested in discussing it in a study with the main problem of what weaknesses arise in the implementation of land acquisition policies and compensation for land losses for development in the name of public interest and how is the policy reconstruction based on the value of justice. The research method used in this article is a non-doctrinal method with a constructivist paradigm. Based on the research conducted, it was found that the implementation is not yet based on a justice value as seen from the unclear length of time to pay off land compensation after determining the location, unclear standards in determining the amount of compensation, and lack of transparency in the compensation process for the affected communities; As for the weaknesses in the compensation system for land acquisition for development for the benefit of Indonesia at this time, namely the weaknesses related to the laws and regulations, which both Law Number 2 of 2012 and Presidential Regulation Number 148 of 2015 do not clearly state the length of time to pay off the compensation, the amount of compensation, as well as community involvement in relation to compensation for land acquisition for development in the public interest; so it is necessary to carry out legal reconstruction both in Law Number 2 of 2012 and Presidential Regulation Number 148 of 2015 to set a better standard so that it can reflect the value of justice better.
ORIGINAL RESEARCH ARTICLE | Feb. 11, 2021
Construction of Village Judicial Institutions as an Alternative for Settlement of Minor Crime Based on Justice Value
Supena Diansyah, I Gusti Ayu Ketut Rachmi Handayani, Anis Mashdurohatun
Page no 54-60 |
10.36348/sijlcj.2021.v04i02.005
The village judiciary institution is one of the means of solving cases outside the court. Article 95 of The Village Law where the community can form a village customary institutions which are contrary to Law No. 8 of 1982 concerning Law Enforcement of Minor Crime Cases especially article 204, 205, 206 of the Criminal Procedure Code that is associated with PERMA No. 2 of 2012 concerning the Relief of Minor Crimes where it can be resolved alternatively against articles 362 and 352 of the Criminal Code and to crimes that do not have a broad impact or its damage do not exceed IDR 2,500,000 (two million five hundred thousand rupiahs). This research method is juridical empirical with a case approach and community culture with the aim of reconstructing Law Number 6 of 2014 concerning Villages. The problems in this research include the inadequate resolution of minor criminal cases based on justice value, the weaknesses that arise in the settlement of minor criminal cases as an alternative to village justice institutions, and how to construct village justice institutions as an alternative to minor crime case resolution based on justice value. The results of this study indicate that the settlement of minor criminal cases through village court institutions as an alternative dispute resolution has not been carried out optimally. The main problem that prevents the adat village court from becoming an alternative dispute resolution system is its unclear position in the national justice system. In many areas, communities are reluctant to settle disputes in adat courts. in order to solve this, construction of the settlement of minor criminal cases through the village court institution is needed, namely the use of Article 95 of Law no. 6 of 2014 concerning Villages can be used as a legal basis in establishing Village customary institutions as an alternative to resolving minor crimes.
REVIEW ARTICLE | Feb. 13, 2021
A Noiseless Crime Contributing to the Violation of Women Rights: Domestic Violence a Continuous nightmare on Women Rights and Status. The Need for Extermination or Continuation in Cameroon?
Nana Charles Nguindip, Ngemuah Nongde
Page no 61-74 |
10.36348/sijlcj.2021.v04i02.006
Women violence is a deeply rooted problem that exists in every country of the globe. For the most part; nevertheless, the international community has yet to create operational legal standards that will exclusively address the problems and intricacies experienced by women via domestic violence. Notwithstanding this unfortunate emptiness, the rights of battered women may be asserted under international and regional Human Rights Conventions that are legally binding upon ratifying States. This article articulates that the cankerworm of domestic violence though hypocritically and pretentiously combatted by the government of Cameroon through its various legal dispositions, has still, and continues to be considered by many as a silent or noiseless crime affecting the status of women. Women in the generic sense of the word, continue to be victims of domestic violence. This state of affairs has evidently posed negative implications on their various rights and integrity. The government of Cameroon has failed in respecting the international prescription and commitments in respecting the fundamental rights of women as their violation and abuses continue to be on the rise.
ORIGINAL RESEARCH ARTICLE | Feb. 13, 2021
The Effectiveness of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the COVID-19 Pandemic for Inter-Island Travel in Ambon City
Hadibah Z. Wadjo, Juanrico A. S. Titahelu, Denny Latumaerissa, Judy M. Saimima, Patrick Corputty
Page no 75-81 |
10.36348/sijlcj.2021.v04i02.007
This paper specifically wants to analyze the effectiveness of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the Covid-19 Pandemic for Inter-island Travel Players in Ambon City, and Constraints in the Application of Law Number 6 Year 2018 and Law Number 4 Year 1984 in Handling the Covid-19 Pandemic for Inter-Island Travel in Ambon City. This research uses empirical juridical research. The approach used is a statutory approach, the data sources used are primary data and secondary data, data collection techniques that support and are related to this research are interviews, observation and decision studies which are then analyzed qualitatively. The results showed that the Health Quarantine Law, as well as the Disease Outbreak Law which could be used to criminalize anyone who obstructed the handling of the outbreak were not effective for inter-island travelers in Ambon city, because this has never been implemented, which is very ironic with the reality that the perpetrator these trips often violate the law in the form of not following Health protocols. As for the obstacles in the application of the Health Quarantine Law and the Disease Outbreak Law to be applied to inter-island travelers in Ambon city, namely the Factors of Law, Public Awareness, Lack of Quarantine facilities, and Lack of Government Control.
ORIGINAL RESEARCH ARTICLE | Feb. 19, 2021
Women in the Customary Village Government System: From Customary Law to Human Rights in Maluku, Indonesia
Mahrita Aprilya Lakburlawal, Andi Suriyaman Mustari Pide, Aminuddin Sale, Farida Patittingi
Page no 82-88 |
10.36348/sijlcj.2021.v04i02.008
The women are deemed inappropriate to be involved in politics. It certainly detrimental to women because in fact, in terms of women’ abilities, they have same abilities as men. The research is a sociological-law research with statutory, conceptual and comparative approaches. The research was conducted in Maluku province, Indonesia. The results show that in the view of Maluku society, women are Limditi Fenreu or glorified or worshiped, but also interpreted as being held. The role of women is sufficient to show their role to be involved in development, although in a small number and not comparable to the presence of men. Even to the village government. In Maluku, representation of women in village government leadership is only around 1.5% (one-point five percent), this is very small when compared to the total number of villages in Maluku. The lack of representation is influenced by factors of strong patriarchal culture, low willingness of women as a result of their low ability and unavailability of opportunities or opportunities as a result of legal arrangements that do not provide legal certainty. Women in government leadership in Maluku are transformational leadership with a democratic government leadership style.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
Analysis of the Influence of the Quality of Library Services on Library Satisfaction
Anna Pranita Br Saragih, Jamaluddin, Mahyuni
Page no 89-96 |
10.36348/sijlcj.2021.v04i02.009
The aim of this study was to analyze the effect of library service quality on the satisfaction of users at the Library and Archives Service of South Barito Regency, Central Kalimantan. This research uses a quantitative research approach, with the aim of obtaining a deep picture of the analysis of library service strategies. The research sample used was 100 respondents who were users. Data analysis used simple linear regression method. The results showed that the service quality factor based on tangible indicators, reliability, responsiveness, assurance and empathy had quite good categories. The level of user satisfaction based on indicators of overall satisfaction (overall satisfaction) expectations (expectation satisfaction), and trust (expeience satisfaction) has a category of quite satisfied It is recommended to the Regional Library and Archives Service to improve the quality of its services by taking into account direct evidence factors tangible, reliability, responsiveness, assurance and certainty, and empathy so as to increase customer satisfaction.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
Implementation of the Kawasan Rumah Pangan Lestari (KRPL) Program in Katingan District, Central Kalimantan
Asri Melani Br Saragih, Jamaluddin, Mahyuni
Page no 97-104 |
10.36348/sijlcj.2021.v04i02.010
The purpose of this study was to determine and analyze the level of success of the implementation of the Sustainable Food House Area (KRPL) activity program in the Katingan Regency based on the content of the policy and environmental aspects of policy implementation (context of implementation). This study uses a quantitative descriptive research approach. The data collection approach is quantitative in the form of questionnaires and observations and the presentation is in the form of systematic numbers. The research was conducted at the Department of Agriculture, Food, and Fisheries, which is located at Jalan MT. Haryono, Regional Government Office Complex of Kereng Humbang, Kasongan, Katingan Hilir, Katingan Regency, by taking 60 samples of KWT members. The data analysis used the calculation of the percentage of the respondents' answers, which then determined the answer interval scale to determine the categories of the research variables and indicators. The results showed that the implementation of the KRPL program in the Katingan Regency based on the dimensions of policy content and environmental aspects of policy implementation was quite good. Indicators of policy implementation that have a high category are aspects of the location of decision making and aspects of the resources involved. Medium category policy implementation indicators are the aspects of the interest of the target group, the aspects of implementing the policy, the aspects of power, interests, and strategies that are owned, and aspects of the level of compliance and responsiveness of the target group. Indicators of policy implementation that have a low category are aspects of the type of benefits, aspects of the degree of change desired, and aspects of the characteristics of institutions and regimes.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
The Implementation of Bottom Up Planning for Village Development Through Village Development Planning in Tumbang Tariak Village, Kurun District, Gunung Mas District, Central Kalimantan
Christira Elyswandi, Samahuddin Muharam, Setia Budhi
Page no 105-109 |
10.36348/sijlcj.2021.v04i02.011
This study aims to identify and analyze the implementation of bottom-up planning and supporting factors as well as inhibiting factors for the implementation of bottom-up planning village development planning through Musrenbangdes in Tumbang Tariak village, Kurun District, Gunung Mas Regency. The research method used in this research is a qualitative research approach with a descriptive-analytic type. While the data collection techniques used in this study were interviews, observation, and documentation. The data analysis technique used is the model developed by Miles and Hubermen, namely interactive analysis. The informants in this study were 1) village head and village secretary tumbang tariak, 2) head of BPD, 3) sub-district head, 4) head of government, head of PMD, and head of ekobang of kurun sub-district, and 5) traditional leaders, community leaders, youth leaders and from representatives of women from the village of Tumbang Tariak. The results showed that the implementation of bottom-up planning village development through Musrenbangdes in the preparation and determination of the village medium-term development plan (RPJM Des) and the village government work plan (RKP Des) in the village of Tumbang Tariak, Kurun District has been running effectively as seen from the aspect of productivity. Aspects of efficiency and aspects of satisfaction (output) with the results of village development planning activities.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
Implementation of Regulation of Banjar Regent Number 8 of 2016 Concerning Reducing the Use of Plastic Bags in Banjar District
Eka Yusnitawati, Asmu’i, Budi Suryadi
Page no 110-116 |
10.36348/sijlcj.2021.v04i02.012
Banjar Regency through the Banjar Regent Regulation No. 8/2016 on reducing the Use of Plastic Bags is the first Regency to make arrangements to reduce the use of plastic bags. However, after the implementation of the Perbup, there has been no significant change to the accumulation of plastic waste in Banjar Regency. In fact, plastic waste takes a very long time to decompose, so it has a bad impact on the environment for a long time. This shows the need for a study on the effectiveness of Perbup. This study aims to analyze the effectiveness of Perbup on reducing the use of plastic bags. The type of research used is qualitative with an exploratory method through an inductive approach. Data collection techniques are carried out through observation, interviews, and documentation. Observations were made at the Final Disposal Site (TPA), 23 modern market places, and 14 local traditional market places. The results showed that the implementation of Perbup has not been effective in reducing the use of plastic bags, and has not been optimal because it is still in the socialization and supervision stages. There has been no firm action in the form of fines or sanctions for violators of these regulations.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
Implementation of Village Fund Policies (Study on the Realization of Village North Hamak Village, Telaga Langsat District)
Fathul Mushalli, Andi Tenri Sompa, Jamaluddin
Page no 117-120 |
10.36348/sijlcj.2021.v04i02.013
This study aims to analyze and provide an overview of the implementation of village fund management in Hamak Utara Village, Telaga Langsat District, and Hulu Sungai Selatan Regency and to identify factors that influence the implementation of village fund policies in North Hamak Village. The research method used in this research is the descriptive qualitative method. The types of data used in this study are primary data and secondary data. The informants in this study were the head of the sub-district and the technical head of Telaga Langsat sub-district, village assistants and village local assistants, village heads and village officials, Hamak Utara village consultative bodies, RT / RW in North Hamak village, and Hamak Utara village community. Data collection techniques used in this study were interviews, observations, and documents, and archives. The data analysis techniques used in this study were data reduction, data classification, data processing, and data inference. The results showed that the implementation of village fund management in North Hamak Village was running according to the provisions, but there were several obstacles in terms of budget implementation and absorption. Communication, attitudes, resources, and bureaucratic structures influence the implementation of village fund management in Hamak Utara Village, Telaga Langsat District.
ORIGINAL RESEARCH ARTICLE | Feb. 26, 2021
Role of Village Chairman in Implementing Village Fund Policies (Study in Hamalau Village of Sungai Raya, Hulu Sungai Selatan District)
Miftahul Ulum, Andi Tenri Sompa, Ahmad Yunani
Page no 121-124 |
10.36348/sijlcj.2021.v04i02.014
The purpose of this study was to analyze and describe the implementation of village fund policies in Hamalau, Sungai Raya District, and Hulu Sungai Selatan Regency. The research method used in this research is a qualitative descriptive method. Sources of data in this study are primary data and secondary data. The informants in this study were the Sungai Raya subdistrict government, the Hamalau village government, and the Hamalau village community leaders. Data collection techniques used in this study was direct observation, interviews, and documentation. The research instruments used in this study were interview guidelines and documentation guidelines. Data collection methods in this research are transect walks, interviews with several informants, and supporting documents which include village development planning documents and reports on the realization of the use of village budgets. The location of this research is in Hamalau Village, Sungai Raya District, Hulu Sungai Selatan Regency. The results showed that the realization of village funds for the 2016 fiscal year was still in the low category. That is the impact of the less than the optimal implementation of the development project due to the unsatisfactory performance of the Hamalau village head in implementing development with his instructional leadership style.
ORIGINAL RESEARCH ARTICLE | Feb. 27, 2021
The contribution of Mediation in the settlement of the case for the Restriction of the Efforts of Law In the district Court
Sami’an
Page no 125-129 |
10.36348/sijlcj.2021.v04i02.015
In solve legal problems better by way of mediation so that the bias resolved in kinship if these efforts has been done has not been successful then the restriction of the efforts of the law through the mediation to ensure that the judicial process that is quick and cheap (so that the judiciary can be the choice of the people to resolve their disputes) as well as the anticipated increase in the number of cases which aims to reduce the accumulation of cases in the Supreme Court, especially at the level of Cassation. The increasing number of cases that enter, and decided in the district Court and the High Court, result in the amount of the verdict asked the efforts of law Appeal to the supreme court also increased and began to be a serious problem. Underlying it is necessary to do a study about the Role of the Judiciary in the Restriction of the Efforts of the Law in order to reduce the accumulation of cases in Court.