Skip to main content

Arief Budiono

Followers

8

Following

2

Public Views

Interests

Uploads

Papers by Arief Budiono

The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse

DOAJ (DOAJ: Directory of Open Access Journals), Jul 1, 2022

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

Audito Comparative Law Journal, Nov 16, 2022

From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bo... more From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban's political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state.

Restorative Justice-Based Law Formulation on Corruption Case: A Philosophical Analytic

WISDOM

In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of ... more In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators? This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on return...

Legal Policy for Visum et Repertum Test in Evidence of Rape Crime: Perspective of the State Court in Indonesia

JHR (Jurnal Hukum Replik)

Rape is a sexual crime and carries a maximum of 12 years in prison for the perpetrator under Indo... more Rape is a sexual crime and carries a maximum of 12 years in prison for the perpetrator under Indonesian law, but in practice it is rarely carried out and enforced. The judges' considerations contained in the decision of the case need to be questioned in relation to the protection of victims, as well as the tendency of judges to fulfill juridical, philosophical and sociological aspects in legal considerations as the basis for their sentences.Proof of the crime of rape is carried out by the forensic test method, namely visum et repertum. The result of the Visum et Repertum (VeR) is one of the valid evidences and is accepted by the District Court in Indonesia in handling cases of rape. VeR is carried out by doctors who have forensic expertise and the VeR test is a judge's consideration in deciding.Key words: Forensic, Test, Visum, Court, Rape

Implementation of Land Auction for Kebonharjo Village: A Comparative Perspective

Audito Comparative Law Journal (ACLJ)

The purpose of this research is to find out the procedure for village treasury land lease agreeme... more The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury ...

Prophetic Law-based Land Bank Policy Reformulation in Indonesia

WSEAS TRANSACTIONS ON SYSTEMS

In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Crea... more In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Creation and Presidential Regulation Number 64 of 2021 concerning Land Bank Agency. These two laws regulate all general technical requirements required by investors. This study aims to: 1) Describe the land bank legal policy after the legalization of Law Number 11 of 2020 concerning Job Creation; 2). Formulate a land bank policy based on prophetic values which integrate the positive law and religious values. This is normative legal research which used secondary data and library materials as the main data sources. It used the philosophical juridical approach: the juridical approach was in the form of legislation (statute approach) and the philosophical approach was in the form of the prophetic ethical paradigm through ash-Asyatibi’s Maqasid al-Syari’ah (the purpose behind Islamic laws). The data analysis was divided into two. The first was the descriptive-qualitative analysis by describing la...

Developing Islamic Legal Philosophy-Based Assurance of Justice

WISDOM

Justice is the essence of law enforcement. Justice is importan in the legal system at various cou... more Justice is the essence of law enforcement. Justice is importan in the legal system at various countries, The absensce of justice was problem because if legal system lack of justice there would be made public believe ruined and legal system would collapse. In the Islamic legal thought, justice was the essence. However, it cannot be denied that the development of Islamic legal thought cannot be separated from the conception of justice. Justice in the explanation is included in the category of substantive law. Justice is defined from a theological point of view, God's relationship with humans is vertical. Allah as the Most Just and Most Right knows the truth and ultimate justice. Humans must always find justice and truth given by God through the process of ijtihad. The principle of justice requires the use of ratios to make comparisons between one case that is not explained by the Word of God or the words of the Prophet with another case that has legal legitimacy. In that way, Isla...

Pattern of Accommodation of Administrative Law in Corruption Management

This study aims to describe the pattern of accommodating administrative law in dealing with corru... more This study aims to describe the pattern of accommodating administrative law in dealing with corruption. This type of research is a juridical research with a qualitative doctrinal approach. Indonesia in Law Number 30 of 2014 concerning Government Administration regulates the legal basis and guidelines for every government administration official in making decisions, preventing abuse of authority and closing opportunities for corruption. However, at the level of implementation, it does not run optimally as evidenced by the trend of handling corruption in 2016 - 2018 by the Corruption Eradication Commission which has increased both at the level of investigation, investigation, prosecution, Inkracht and execution. Therefore, optimizing the accommodation of state administrative law in fighting corruption is part of preventive efforts to detect corruption early

The Ethical Philosophic Dimension of Responsibility in Mitigating the COVID-19 Disaster in Indonesia

Open Access Macedonian Journal of Medical Sciences, 2021

The coronavirus disease (COVID-19) pandemic is a global disaster and every country makes efforts ... more The coronavirus disease (COVID-19) pandemic is a global disaster and every country makes efforts to mitigate it. There needs to be a gradual rise of awareness on the ethics of responsibility to others in the form of a sense of solidarity and togetherness. Philosopher Emmanuel Levinas stated that the basic facts in his philosophy were other people. Therefore, his philosophy is the ethics of responsibility toward others. COVID-19 deserves to be a momentum to reflect on Levinas’ philosophy, by reaffirming responsibility toward others as an ethical fact in mitigating the COVID-19 disaster in Indonesia.

The Legal Aspect of Consumers' Protection from Pop-Up Advertisements in Indonesia

Lentera Hukum, 2021

Pop-up advertisements have become prevalent on websites. When users click on the banner, they nav... more Pop-up advertisements have become prevalent on websites. When users click on the banner, they navigate a separate window; banner and pop-up advertisements contain attractive audio-visual and animated graphics. This intrusive advertising has not explicitly regulated Indonesia's current legislation, including Electronic Transaction and Information Law 11/2008 (ITE Law). Also, it is exempted in the Indonesian Pariwara Ethics, guidelines for advertising ethics and procedure in Indonesia. This study aimed to revisit consumers’ protection toward pop-up advertisements in Indonesia, with two main discussions. First, it discussed online consumers' perceptions of pop-up advertisements and the classification of their responses. Second, it enquired to what extent the legal and ethics protection for online consumers in Indonesia. By using empirical legal research, this study concluded that the ITE Law prohibits anyone from spreading online information with content that violates immoralit...

Psychological Analysis of Jenang Kutei Judges in Delivering a Verdict of Matai Bilai and Cuci Kampong (Purification Ritual) in Rejang Lebong Regency, Bengkulu Province, Indonesia

Medico-Legal Update, 2020

Jenang Kutai judges or judges of custom law are judges that are selected from traditional leaders... more Jenang Kutai judges or judges of custom law are judges that are selected from traditional leaders, community leaders or religious leaders. They are highly respected as they are considered as a role model and are prestigious in the society. Well-mannered characteristics owned by custom law judges is underpinned by their maturity balanced with applicable norms in the society. As a judge, Jenang Kutai judge should be calm, assertive, fair, and bold in making decision or delivering a verdict. This is done in order to enforce the law. Even though sometimes such judges psychologically have sympathy for the defendant, they have to pass sentence because people they believe that God’s punishment through hazard disaster will come for those who commit the crime and do not enforce the law.

Mosque Community: Economic Empowerment and Legal Counseling (Strengthening the “Thoriqul Huda” Mosque Congregation in Dorokenong Hamlet, Tulung Village, Sampung District, Ponorogo Regency)

Masyarakat Berdaya dan Inovasi, 2021

The mosque is not only a place for congregation to pray five times a day. Mosques have social, ed... more The mosque is not only a place for congregation to pray five times a day. Mosques have social, educational and even economic functions. LP3M IAIN Ponorogo has developed mosque posdaya with the aim of empowering the community on the basis of a mosque. The principle of empowerment used is emancipatory, which is to organize the community by placing the community as the subject (subject) with the empowerment paradigm that rests on the community (community based development). The program called the mosque's Posdaya is centered at the Thoriqul Huda mosque, Dorokenong Hamlet, Tulung Village, Sampung Ponorogo District. The revitalization of the function of the Thoriqul Huda mosque is carried out by empowering the economy of congregations who are economically disadvantaged or called pre-prosperous communities. Economic empowerment activities are manifested through entrepreneurship training activities for plastic bag making and marketing. The activity is aimed at providing life skills for...

The Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia

Systems and Computers in Japan, 2019

The placement program of Indonesian migrant workers overseas is the Indonesian government’s progr... more The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of...

Visum Et Repertum in the Evidencing Process of Rape in Indonesia

Indian Journal of Forensic Medicine & Toxicology, 2020

Rape is part of sexual crime in which its evidencing process is rather complicated if the victims... more Rape is part of sexual crime in which its evidencing process is rather complicated if the victims do not directly report the case, or if the law-enforcing apparatus are not quick in handling it. Visum et repertum is a medical-aspect report from the doctor after a written demand from the law-enforcing apparatus of authority for the sake of the case investigation and examination in court. Thus, from this definition, visum et repertum can only be proposed by the law enforcers or the authorities such as the police department, the lawyers, or the judges in court to the special doctors who are in charge of that field. The lawyers and the judges may ask for the visum through the police department. This research uses a normative doctrinal method. The research results show that the evidencing process of rape as a criminal act of sexual crime has some different difficulties compared to other general criminal acts. This is because there needs to be visum et repertum which will uncover the perpetrator and the time of occurrence, which will ease the process of searching for and finding the perpetrator. The obstacle of visum et repertum is that its evidencing process is the same as a letter of evidence in the aspect of power.

The Prospect of Environmental Law to Achieve Healthy Environmental Development in Indonesia

Medico-Legal Update, 2020

Every citizen has the right to achieve the constitutional guarantee to live in a good and healthy... more Every citizen has the right to achieve the constitutional guarantee to live in a good and healthy environment, to be able to grow and develop. The environmental law's role and prospect as the agent of stability, agent of development, and agent of change is something which cannot be negotiated to achive a healthy environmental development in Indonesia. It is to avoid pollution and environmental devastation for the sake of today's and the future's generations.

Renewal System of the Social Work Punishment

Proceedings of the Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia, 2019

Punishment becomes a problem in the law system in Indonesia. The purpose of the punishment system... more Punishment becomes a problem in the law system in Indonesia. The purpose of the punishment system is a form of protection for all Indonesian as stated in the Preamble of Constitution 1945 (UUD 1945). Punishment should consider humanism. The effectiveness of imprisonment is questionable, especially the negative effect. The prison condition causes some critics. Prison usually used as the education side for the criminals who gave birth the professional criminals. Punishment verdict does not necessarily in prison. If someone goes to jail, he will be a state burden and also the prison should serve so many facilities. Social work punishment should give benefit than imprisonment. The positive law regulation in the future (iusconstitutum) especially the regulation about social work punishment can be formulated better by protecting the society and rehabilitating theperpetrators of the crime as the main purpose. It is needed to formulate rightly about social work punishment,so they act effectively and reach the goal appropriately.

Elaboration of the Joint Community Forest Management Policy with the Policy of Managing Forest Village Community Health Insurance in Ngawi District

Indian Journal of Public Health Research & Development, 2019

Pseudo national security system of health in Indonesia

Indian Journal of Public Health Research & Development, 2018

Community Support System-Based Health care for Children as Violence Victims during Pandemic

Open Access Macedonian Journal of Medical Sciences

The Republic of Indonesia's 1945 Constitution Article 28B and the Law No. 35 of 2014 on Child... more The Republic of Indonesia's 1945 Constitution Article 28B and the Law No. 35 of 2014 on Child Protection Article 13 clause (1) state that children have the right for protection against discriminative behaviors, economic and sexual exploitation, neglect, cruelty, violence, torture, injustice, and other wrongful treatments. This research aims: (1) to describe the violence to children, (2) to describe the community support system-based healthcare policy concept for children as violence victims. This is a normative legal research which is carried out by literature review and by analyzing secondary data. The approaches used are the statute approach and the conceptual approach. It uses the descriptive method, as it aims to clearly describe the various things related to the analyzed objects. The policies proposed in this research are those which are analyzed using the Fishbone model. The identification process is carried out by finding the main problem which affects the legal protectio...

Analysis Of The Issues On Bengawan Solo River Basin Management Policies

WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT

The Bengawan Solo river basin in Central Java Province, Indonesia, has a great history from era t... more The Bengawan Solo river basin in Central Java Province, Indonesia, has a great history from era to era. But there are still issues with its current management system. Because of that, this paper aims to analyze issues in the management policies of the Bengawan Solo river basin. This is empirical legal research with qualitative analysis. The data were collected through interviews with informants who manage the Bengawan Solo river basin, from the Bengawan Solo River Management Office (RMO), the Environmental Service of Sukoharjo, Surakarta, and Karanganyar Regencies, as well as people who live around the Bengawan Solo river. Research showed that issues that concern the Bengawan Solo river basin are: (1) river basin pollution due to textile waste that is illegally disposed of in the river, and (2) there is a lack of regional regulations that are specially made to manage river basins. Based on the issues faced by the Bengawan Solo river basin, there needs to be a change in the policies ...

The National Narcotics Agency of Kupang City’s Ideal Method for Handling Drug Abuse

DOAJ (DOAJ: Directory of Open Access Journals), Jul 1, 2022

Aspects of International Law and Human Rights on The Return of The Taliban in Afghanistan

Audito Comparative Law Journal, Nov 16, 2022

From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bo... more From 1996 to 2001, the Taliban group ruled over Afghanistan before the 2001 World Trade Center bombing in the USA. Then, this group was overthrown by a military invasion that actually served the interests of the North Atlantic Treaty Organization or NATO members. After the absence of strong evidence of the involvement of the Taliban in the 2001 WTC bombing, the United States and its allies began to receive internal and international pressure to immediately withdraw from Afghanistan. This invasion led to the death of many American soldiers. Many survivors suffered from mental disorders. Apart from that, the Afghanistan invasion that went on for 20 years greatly burdened the budget, as its financing reached 31 thousand trillion rupiahs. This study used the normative research method. Results showed that the Taliban's return to power does not violate international law. But in terms of human rights, its return will decrease the human rights index of Afghan citizens. This condition is commonplace in authoritarian countries. This is due to the Taliban's political attitudes that lack respect for women's rights in the modern era. It also lacks concern for civil rights in a modern democratic state.

Restorative Justice-Based Law Formulation on Corruption Case: A Philosophical Analytic

WISDOM

In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of ... more In Indonesia, corruption has been going on for a long time. It has touched almost all sectors of societal life. So far, there are already efforts to eradicate the act of corruption, though they are working very slowly. There are inadequate legal instruments to eradicate corruption. Thus, to resolve this, the restorative justice philosophy should be applied. The restorative justice approach is not impossible to be applied in punishing corruption perpetrators in Indonesia. The research problem of this paper is: How is the application of restorative justice as an implementation of the ultimum remedium in the effort to recover state financial assets as a method to punish corruption perpetrators? This was normative legal research with philosophical and conceptual approaches. Results show that the application of restorative justice as an implementation of ultimum remedium to return state financial assets to punish corruption perpetrators may be implemented by strengthening norms on return...

Legal Policy for Visum et Repertum Test in Evidence of Rape Crime: Perspective of the State Court in Indonesia

JHR (Jurnal Hukum Replik)

Rape is a sexual crime and carries a maximum of 12 years in prison for the perpetrator under Indo... more Rape is a sexual crime and carries a maximum of 12 years in prison for the perpetrator under Indonesian law, but in practice it is rarely carried out and enforced. The judges' considerations contained in the decision of the case need to be questioned in relation to the protection of victims, as well as the tendency of judges to fulfill juridical, philosophical and sociological aspects in legal considerations as the basis for their sentences.Proof of the crime of rape is carried out by the forensic test method, namely visum et repertum. The result of the Visum et Repertum (VeR) is one of the valid evidences and is accepted by the District Court in Indonesia in handling cases of rape. VeR is carried out by doctors who have forensic expertise and the VeR test is a judge's consideration in deciding.Key words: Forensic, Test, Visum, Court, Rape

Implementation of Land Auction for Kebonharjo Village: A Comparative Perspective

Audito Comparative Law Journal (ACLJ)

The purpose of this research is to find out the procedure for village treasury land lease agreeme... more The purpose of this research is to find out the procedure for village treasury land lease agreements through an auction system and to find out the obstacles encountered in the auction process for village treasury land in Kebonharjo, Polanharjo District, Klaten Regency. This study uses an empirical approach method. The type of research used in this research is descriptive analysis with a comparative approach perspective. The results of this study concluded that the procedures for land lease agreements for treasury village in Kebonharjo Village, Polanharjo District, Klaten Regency were carried out through several stages, namely: (1) Forming an auction committee (2) Collecting data on village treasury land, (3) Disseminating information regarding the existence of village treasury land auction. (4) Informing the auction rules, (5) Selecting the auction winner, and (6) Entering into a village treasury land lease agreement. The obstacle in the process of implementing the village treasury ...

Prophetic Law-based Land Bank Policy Reformulation in Indonesia

WSEAS TRANSACTIONS ON SYSTEMS

In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Crea... more In regulating the land bank policy, Indonesia refers to Law Number 11 of 2020 concerning Job Creation and Presidential Regulation Number 64 of 2021 concerning Land Bank Agency. These two laws regulate all general technical requirements required by investors. This study aims to: 1) Describe the land bank legal policy after the legalization of Law Number 11 of 2020 concerning Job Creation; 2). Formulate a land bank policy based on prophetic values which integrate the positive law and religious values. This is normative legal research which used secondary data and library materials as the main data sources. It used the philosophical juridical approach: the juridical approach was in the form of legislation (statute approach) and the philosophical approach was in the form of the prophetic ethical paradigm through ash-Asyatibi’s Maqasid al-Syari’ah (the purpose behind Islamic laws). The data analysis was divided into two. The first was the descriptive-qualitative analysis by describing la...

Developing Islamic Legal Philosophy-Based Assurance of Justice

WISDOM

Justice is the essence of law enforcement. Justice is importan in the legal system at various cou... more Justice is the essence of law enforcement. Justice is importan in the legal system at various countries, The absensce of justice was problem because if legal system lack of justice there would be made public believe ruined and legal system would collapse. In the Islamic legal thought, justice was the essence. However, it cannot be denied that the development of Islamic legal thought cannot be separated from the conception of justice. Justice in the explanation is included in the category of substantive law. Justice is defined from a theological point of view, God's relationship with humans is vertical. Allah as the Most Just and Most Right knows the truth and ultimate justice. Humans must always find justice and truth given by God through the process of ijtihad. The principle of justice requires the use of ratios to make comparisons between one case that is not explained by the Word of God or the words of the Prophet with another case that has legal legitimacy. In that way, Isla...

Pattern of Accommodation of Administrative Law in Corruption Management

This study aims to describe the pattern of accommodating administrative law in dealing with corru... more This study aims to describe the pattern of accommodating administrative law in dealing with corruption. This type of research is a juridical research with a qualitative doctrinal approach. Indonesia in Law Number 30 of 2014 concerning Government Administration regulates the legal basis and guidelines for every government administration official in making decisions, preventing abuse of authority and closing opportunities for corruption. However, at the level of implementation, it does not run optimally as evidenced by the trend of handling corruption in 2016 - 2018 by the Corruption Eradication Commission which has increased both at the level of investigation, investigation, prosecution, Inkracht and execution. Therefore, optimizing the accommodation of state administrative law in fighting corruption is part of preventive efforts to detect corruption early

The Ethical Philosophic Dimension of Responsibility in Mitigating the COVID-19 Disaster in Indonesia

Open Access Macedonian Journal of Medical Sciences, 2021

The coronavirus disease (COVID-19) pandemic is a global disaster and every country makes efforts ... more The coronavirus disease (COVID-19) pandemic is a global disaster and every country makes efforts to mitigate it. There needs to be a gradual rise of awareness on the ethics of responsibility to others in the form of a sense of solidarity and togetherness. Philosopher Emmanuel Levinas stated that the basic facts in his philosophy were other people. Therefore, his philosophy is the ethics of responsibility toward others. COVID-19 deserves to be a momentum to reflect on Levinas’ philosophy, by reaffirming responsibility toward others as an ethical fact in mitigating the COVID-19 disaster in Indonesia.

The Legal Aspect of Consumers' Protection from Pop-Up Advertisements in Indonesia

Lentera Hukum, 2021

Pop-up advertisements have become prevalent on websites. When users click on the banner, they nav... more Pop-up advertisements have become prevalent on websites. When users click on the banner, they navigate a separate window; banner and pop-up advertisements contain attractive audio-visual and animated graphics. This intrusive advertising has not explicitly regulated Indonesia's current legislation, including Electronic Transaction and Information Law 11/2008 (ITE Law). Also, it is exempted in the Indonesian Pariwara Ethics, guidelines for advertising ethics and procedure in Indonesia. This study aimed to revisit consumers’ protection toward pop-up advertisements in Indonesia, with two main discussions. First, it discussed online consumers' perceptions of pop-up advertisements and the classification of their responses. Second, it enquired to what extent the legal and ethics protection for online consumers in Indonesia. By using empirical legal research, this study concluded that the ITE Law prohibits anyone from spreading online information with content that violates immoralit...

Psychological Analysis of Jenang Kutei Judges in Delivering a Verdict of Matai Bilai and Cuci Kampong (Purification Ritual) in Rejang Lebong Regency, Bengkulu Province, Indonesia

Medico-Legal Update, 2020

Jenang Kutai judges or judges of custom law are judges that are selected from traditional leaders... more Jenang Kutai judges or judges of custom law are judges that are selected from traditional leaders, community leaders or religious leaders. They are highly respected as they are considered as a role model and are prestigious in the society. Well-mannered characteristics owned by custom law judges is underpinned by their maturity balanced with applicable norms in the society. As a judge, Jenang Kutai judge should be calm, assertive, fair, and bold in making decision or delivering a verdict. This is done in order to enforce the law. Even though sometimes such judges psychologically have sympathy for the defendant, they have to pass sentence because people they believe that God’s punishment through hazard disaster will come for those who commit the crime and do not enforce the law.

Mosque Community: Economic Empowerment and Legal Counseling (Strengthening the “Thoriqul Huda” Mosque Congregation in Dorokenong Hamlet, Tulung Village, Sampung District, Ponorogo Regency)

Masyarakat Berdaya dan Inovasi, 2021

The mosque is not only a place for congregation to pray five times a day. Mosques have social, ed... more The mosque is not only a place for congregation to pray five times a day. Mosques have social, educational and even economic functions. LP3M IAIN Ponorogo has developed mosque posdaya with the aim of empowering the community on the basis of a mosque. The principle of empowerment used is emancipatory, which is to organize the community by placing the community as the subject (subject) with the empowerment paradigm that rests on the community (community based development). The program called the mosque's Posdaya is centered at the Thoriqul Huda mosque, Dorokenong Hamlet, Tulung Village, Sampung Ponorogo District. The revitalization of the function of the Thoriqul Huda mosque is carried out by empowering the economy of congregations who are economically disadvantaged or called pre-prosperous communities. Economic empowerment activities are manifested through entrepreneurship training activities for plastic bag making and marketing. The activity is aimed at providing life skills for...

The Implementation Of The Employment Agreement For Indonesian Migrant Workers In Saudi Arabia

Systems and Computers in Japan, 2019

The placement program of Indonesian migrant workers overseas is the Indonesian government’s progr... more The placement program of Indonesian migrant workers overseas is the Indonesian government’s program for the society’s welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King’s decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country’s government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of...

Visum Et Repertum in the Evidencing Process of Rape in Indonesia

Indian Journal of Forensic Medicine & Toxicology, 2020

Rape is part of sexual crime in which its evidencing process is rather complicated if the victims... more Rape is part of sexual crime in which its evidencing process is rather complicated if the victims do not directly report the case, or if the law-enforcing apparatus are not quick in handling it. Visum et repertum is a medical-aspect report from the doctor after a written demand from the law-enforcing apparatus of authority for the sake of the case investigation and examination in court. Thus, from this definition, visum et repertum can only be proposed by the law enforcers or the authorities such as the police department, the lawyers, or the judges in court to the special doctors who are in charge of that field. The lawyers and the judges may ask for the visum through the police department. This research uses a normative doctrinal method. The research results show that the evidencing process of rape as a criminal act of sexual crime has some different difficulties compared to other general criminal acts. This is because there needs to be visum et repertum which will uncover the perpetrator and the time of occurrence, which will ease the process of searching for and finding the perpetrator. The obstacle of visum et repertum is that its evidencing process is the same as a letter of evidence in the aspect of power.

The Prospect of Environmental Law to Achieve Healthy Environmental Development in Indonesia

Medico-Legal Update, 2020

Every citizen has the right to achieve the constitutional guarantee to live in a good and healthy... more Every citizen has the right to achieve the constitutional guarantee to live in a good and healthy environment, to be able to grow and develop. The environmental law's role and prospect as the agent of stability, agent of development, and agent of change is something which cannot be negotiated to achive a healthy environmental development in Indonesia. It is to avoid pollution and environmental devastation for the sake of today's and the future's generations.

Renewal System of the Social Work Punishment

Proceedings of the Proceedings of 1st Workshop on Environmental Science, Society, and Technology, WESTECH 2018, December 8th, 2018, Medan, Indonesia, 2019

Punishment becomes a problem in the law system in Indonesia. The purpose of the punishment system... more Punishment becomes a problem in the law system in Indonesia. The purpose of the punishment system is a form of protection for all Indonesian as stated in the Preamble of Constitution 1945 (UUD 1945). Punishment should consider humanism. The effectiveness of imprisonment is questionable, especially the negative effect. The prison condition causes some critics. Prison usually used as the education side for the criminals who gave birth the professional criminals. Punishment verdict does not necessarily in prison. If someone goes to jail, he will be a state burden and also the prison should serve so many facilities. Social work punishment should give benefit than imprisonment. The positive law regulation in the future (iusconstitutum) especially the regulation about social work punishment can be formulated better by protecting the society and rehabilitating theperpetrators of the crime as the main purpose. It is needed to formulate rightly about social work punishment,so they act effectively and reach the goal appropriately.

Elaboration of the Joint Community Forest Management Policy with the Policy of Managing Forest Village Community Health Insurance in Ngawi District

Indian Journal of Public Health Research & Development, 2019

Pseudo national security system of health in Indonesia

Indian Journal of Public Health Research & Development, 2018

Community Support System-Based Health care for Children as Violence Victims during Pandemic

Open Access Macedonian Journal of Medical Sciences

The Republic of Indonesia's 1945 Constitution Article 28B and the Law No. 35 of 2014 on Child... more The Republic of Indonesia's 1945 Constitution Article 28B and the Law No. 35 of 2014 on Child Protection Article 13 clause (1) state that children have the right for protection against discriminative behaviors, economic and sexual exploitation, neglect, cruelty, violence, torture, injustice, and other wrongful treatments. This research aims: (1) to describe the violence to children, (2) to describe the community support system-based healthcare policy concept for children as violence victims. This is a normative legal research which is carried out by literature review and by analyzing secondary data. The approaches used are the statute approach and the conceptual approach. It uses the descriptive method, as it aims to clearly describe the various things related to the analyzed objects. The policies proposed in this research are those which are analyzed using the Fishbone model. The identification process is carried out by finding the main problem which affects the legal protectio...

Analysis Of The Issues On Bengawan Solo River Basin Management Policies

WSEAS TRANSACTIONS ON ENVIRONMENT AND DEVELOPMENT

The Bengawan Solo river basin in Central Java Province, Indonesia, has a great history from era t... more The Bengawan Solo river basin in Central Java Province, Indonesia, has a great history from era to era. But there are still issues with its current management system. Because of that, this paper aims to analyze issues in the management policies of the Bengawan Solo river basin. This is empirical legal research with qualitative analysis. The data were collected through interviews with informants who manage the Bengawan Solo river basin, from the Bengawan Solo River Management Office (RMO), the Environmental Service of Sukoharjo, Surakarta, and Karanganyar Regencies, as well as people who live around the Bengawan Solo river. Research showed that issues that concern the Bengawan Solo river basin are: (1) river basin pollution due to textile waste that is illegally disposed of in the river, and (2) there is a lack of regional regulations that are specially made to manage river basins. Based on the issues faced by the Bengawan Solo river basin, there needs to be a change in the policies ...