Understanding and Describing Relationship of State Law and Human Right

Hutabarat, Dany Try Hutama; Fransisca, Zenny; Ritonga, Fauziah; Pardede, Dinda Julita; Almas, Salsabila; Sikumbang, Nandra Astuti; Mutiara,; Khoiriyah, Anggi; Hamizah, Siti; Malahayati,; Suryadi,

doi:10.55047/jhssb.v1i1.63

Cited by 12 publications

(12 citation statements)

References 6 publications

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“…On January 5, 2022, Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments was passed (JDIH MARVES, 2022). The preparation of Law Number 1 of 2022 is based on four pillars: The first pillar is to reduce vertical and horizontal inequality between levels of government at the national, provincial, district, and city levels (Hutabarat et al, 2022). The second pillar is to create a local tax system by promoting more efficient resource allocation at the national level.…”

Section: Ratio Legis Regulatory Evaluation Of Regional Taxes and Levi...mentioning

confidence: 99%

Dualism of Authority to Review Regional Regulations for Regional Taxes and Levies in Indonesia

Ambarwati

Sudarsono

Hadiyantina

2022

IJSSRR

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In Indonesia, regional regulation review, particularly regional regulations for taxes and regional levies, has entered a new phase following the passage of Law No. 1 of 2022 about Financial Relations between Central and Regional Governments. In accordance with the provisions of Article 245 of Law No. 23 of 2014 on Regional Government, the regional regulation of regional taxes and levies is one of the regional regulations that must first receive central government approval before being promulgated through a preventive monitoring mechanism while it is still in draft form. This provision is in accordance with the Constitutional Court Decision Number 137/PUU-XIII/2015 and the Constitutional Court Decision Number 56/PUU-XIV/2016 which have eliminated the authority of the central government to be able to carry out repressive supervision, and only allow the application of preventive controls. But then again, following the enactment of Law No. 1 of 2022, the provisions of Article 245 of Law No. 23 of 2014 concerning Regional Government were repealed and repressive supervision was reinstated, especially on regional regulations on regional taxes and levies through Article 99 Paragraph (2) of Law No. 1 of 2022 concerning the Financial Relations of the Central and Regional Governments. This research aims to determine the legal consequences of the enactment of Article 99 Paragraph (2) of Law Number 1 of 2022. This research is normative legal research that employs both a statutory and an analytical method. According to the findings of the author's investigation, Article 99 paragraph (2) of Law No. 1 of 2022 concerning Financial Relations of the Central and Regional Governments is not in accordance with Article 24A paragraph (1) of the Constitution of the Republic of Indonesia of 1945, and give rise to Dualism of Authority to review Regional Regulations of Regional Taxes and Levies in Indonesia, and thereby a judicial review must be submitted to the Constitutional Court as soon as possible.

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Section: Ratio Legis Regulatory Evaluation Of Regional Taxes and Levi...mentioning

confidence: 99%

Dualism of Authority to Review Regional Regulations for Regional Taxes and Levies in Indonesia

Ambarwati

Sudarsono

Hadiyantina

2022

IJSSRR

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“…Despite the close relationship between legal certainty and justice, law and justice are not synonymous. The law is universal, obligatory, and generalizing, whereas justice is individualistic, subjective, and not generalizing (Hutabarat et al, 2022). Legal certainty is the implementation of the law in accordance with its intent, giving the community confidence that the law will be executed.…”

Section: Legal Certainty Theorymentioning

confidence: 99%

Ratio Legis Differences in Abortion Provisions in Law Number 36 of 2009 Concerning Health and the Criminal Code

Pratama

Nurjaya

Endrawati

2022

IJSSRR

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This research seeks to identify, describe, and analyze why the health law regulates abortion for rape victims while under the Criminal Code abortion is illegal and regarded a crime, as well as the abortion provisions for rape victims that should be regulated in the Health Law. In this paper, normative legal research was conducted. This research focuses on the Legis Ratio of Differences in Abortion Provisions in Law No. 36 of 2009 Concerning Health and the Criminal Code. The method utilized is the statutory approach. The findings revealed that the prohibition against abortion, which is a Dutch heritage, is prohibited in the Criminal Code because abortion is regarded antithetical to natural law and cannot be ethically justified in Greek and Roman law. The Health Law is permitted under the condition that there is an indication of a medical emergency and because the pregnancy is caused by rape, taking into account the good name of a woman or her family, if the pregnancy is caused by rape and can cause psychological trauma to the rape victim, including for the victim's unborn child. Nevertheless, the provisions in the health law do not provide legal certainty that the time limit for performing abortions on rape victims is six weeks/forty days from the first day of menstruation; this time is deemed insufficient to provide protection for victims due to the limited time required to obtain consent to allow abortions or not.

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“…Dalam sistem peradilan pidana yang terdiri dari beberapa tahapan yaitu penyelidikan, penyidikan, persidangan, pada semua tahapan tersebut harus saling mendukung dan mempengaruhi satu sama lain. Pada penegakan hukum masyarakat terkesan apatis melihat hampir semua kasus hukum dalam skala besar dan menghebohkan baik yang berhubungan dengan tindak kriminal, kejahatan ekonomi, apalagi pelanggaran Hak Asasi Manusia (HAM), Dalam realitasnya masyarakat miskin juga menjadi korban ketidak adilan hukum di Indonesia (Hutabarat, Fransisca, et al, 2022). Proses penegakkan hukum seringkali melahirkan ketidak adilan hukum, ketidak adilan ini bersumber dari bekerjanya hukum dalam sebuah sistem ketika hukum dilepaskan dari konteks sosialnya, maka hukum akan sangat jauh dari rasa keadilan di masyarakat dan inilah yang sekarang menjadi sorotan masyarakat luas.…”

Section: Pendahuluanunclassified

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

Hutabarat¹,

Hakiki²,

Lubis³

et al. 2022

JRPP

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The enforcement of legal justice, particularly related to human rights in Indonesia, is still not optimal, mainly because until now the State of Indonesia is still in a transition zone which is still marked by human rights violations. This study aims to determine how the application of legal justice to human rights violations. So that it will be known how the settlement taken in cases of human rights violations in Indonesia, as well as how the principles of Islamic law regarding Human Rights. The conclusion of the problems discussed is the application of legal injustice to human rights violations in Indonesia based on Law no. 26 of 2000 concerning Human Rights Courts. where in this issue the aim is to achieve justice in the law, it is called the ad hoc court which is used to try violators of human rights in Indonesia. To resolve cases of human rights violations that occurred in the territory of Indonesia, it was carried out through an Ad Hoc court. if the time of the occurrence of human rights violations before Law no. 26 of 2000 concerning Human Rights Courts. and if the violation of Human Rights occurs after this Law, it will be resolved through the Human Rights Court. and, if the violation of Human Rights occurs before this Law can also be resolved, namely through the Truth and Reconciliation Commission established by law.

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Understanding and Describing Relationship of State Law and Human Right

Cited by 12 publications

References 6 publications

Dualism of Authority to Review Regional Regulations for Regional Taxes and Levies in Indonesia

Dualism of Authority to Review Regional Regulations for Regional Taxes and Levies in Indonesia

Ratio Legis Differences in Abortion Provisions in Law Number 36 of 2009 Concerning Health and the Criminal Code

Penegakan Ketidakadilan Hukum Untuk Mewujudkan Keadilan Dalam Pelanggaran Hak Asasi Manusia (Ham) Di Indonesia

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