WELFARE STATE Jurnal Hukum

Badan Usaha Milik Desa sebagai Badan Hukum

Desi Fadikta Sisworini — 2025-04-26

Village Owned Enterprises which are often called BUMDes can be interpreted as a form of business run by and government system. Policies in village-owned enterprise regulations have changed a lot from time to time. Law number 11 of 2020 concerning village-owned enterprises is the final rule regarding the development, establishment, mechanism and status of village-owned enterprises, which in turn is government regulation number 11 of 2021 is the implementing regulation. Thus it is necessary to examine the nature of bumdes law based on the Perpu. The focus of the research is first, what is the legal nature of village-owned enterprises according to government regulation number 11 of 2021 concerning village-owned enterprises? secondly, can a village-owned enterprise be classified as a legal entity? This study uses normative legal research methods with statutory and conceptual approaches. The conclusion from this research is the nature of BUMDes law based on Permen number 11 of 2021, namely regarding the establishment and management objectives of BUMDes based on Law number 11 of 2020. Whereas BUMDes itself is a public legal entity. To the village government to maximize the management of BUMDes in accordance with applicable regulations. Regulations regarding BUMDes are updated according to the needs and position of BUMDes.

Politik Hukum Islam Dalam Pelaksanaan Badan Penyelenggara Jaminan Sosial Ketenagakerjaan Syariah Di Indonesia

Sahid Wahid — 2025-04-26

Indonesia as a country with a Muslim majority population has significant demand for financial and insurance services that are in accordance with Sharia principles. Therefore, it is important for the social security sector to participate in adopting Sharia principles in order to provide services that are more in accordance with Islamic values embraced by the majority of the Indonesian population. BPJS Ketenagakerjaan as one of the institutions responsible for providing social protection for workers has the task and function to organize social security for workers through a program. The integration of Sharia principles in BPJS Ketenagakerjaan is not just a cosmetic change or adjustment of terminology, but involves fundamental changes in the way this institution operates. The research method used is qualitative research, the implications of this method are descriptive analytical. The approach used by researchers in solving existing problems is normative juridical. The results of this study indicate that there is potential for the development of BPJS Ketenagakerjaan with the application of Islamic Sharia principles. the concept of social security that combines the values of humanity, justice, and sharia has great potential to provide effective and sustainable protection for people in need, as well as strengthen the moral and ethical foundations in social and economic development.

Perlindungan Hukum Bagi Perempuan Yang Melakukan Pengguguran Kandungan (Aborsi)

Melina Dwi Sevia — 2025-04-26

The crime of rape is a sexual crime that can be committed by force between the perpetrator and the victim which can cause the victim to suffer physical, mental, and psychological disorders. The type of rape crime tends to be sexual so that it is familiar in society as it is carried out following developments in the era in Indonesia where cases of rape are increasing over time. Abortion itself is regulated in Law Number 17 of 2023 concerning Health that abortion is permitted with the provisions that have been regulated. Abortion is a controversial issue, and strict supervision and clear regulations are needed. Legal protection is very important to provide human rights, especially reproductive health services. Efforts to protect the newspaper are regulated in Government Regulation Number 35 of 2020 concerning compensation, restitution and assistance to Witnesses and Victims, providing a form of protection for rape victims can be realized in the form of restitution and compensation, medical services and legal assistance. This law also ensures that victims have fair and fast access to abortion services, while preventing possible misuse of these provisions.

Pembentukan Majelis Kehormatan Mahkamah Konstitusi Sebagai Pengawas Etik Hakim Konstitusi

Rahmad Andika Abay — 2025-04-26

The establishment of the Honor Council of the Constitutional Court as the Ethical Supervisor of Constitutional Judges is an effort to uphold the integrity and professionalism of constitutional judges. This research highlights the importance of having an ethical supervisor to maintain the integrity of constitutional judges. The Honor Council of the Constitutional Court plays a central role in carrying out the task of overseeing the behavior and ethics of constitutional judges. The study also analyzes the constitutional foundations and legislation that form the basis for the establishment of the honor council. The research findings demonstrate that the establishment of the Honor Council of the Constitutional Court as the Ethical Supervisor of Constitutional Judges is a significant and relevant step in safeguarding the independence and public trust in the Constitutional Court. Through effective ethical supervision, the honor council can ensure that constitutional judges adhere to high ethical standards in carrying out their duties and responsibilities. This research contributes to the field of constitutional law and judicial ethics by identifying the legal basis and theoretical foundations for the establishment of the honor council as an ethical supervisor. The findings of this research are expected to serve as a reference for further developments concerning regulations and mechanisms for monitoring the ethical conduct of constitutional judges in the future.

Analisis UU No. 23 Tahun 2006 terhadap Pelayanan Pencatatan Kelahiran Oleh Pemerintahan Desa: Implementasi, Tantangan, dan Faktor Pendukung

Sri Sudono Saliro — 2025-04-26

The village government has a responsibility to encourage the community to be orderly in administration, one of which is orderly in making birth certificates. This study aims to analyze the implementation of birth registration services in the village government, and to reveal the supporting and inhibiting factors in the implementation of these services. The results of the study found that the implementation of birth registration services in the jurisdiction of Sambas Regency is not only carried out by the Population and Civil Registry Office but can also be carried out by the village and sub-district governments. Services are carried out online through the SIAK and PELAKAT applications of the Sambas Population and Civil Registry Office. Supporting factors for birth registration services are the existence of clear legal regulations, human resource factors, and facilities and infrastructure factors. While the inhibiting factors are the lack of public awareness and participation, other obstacles that are not smooth internet networks and PELAKAT or SIAK applications that are under maintenance, so that it will have an impact on the length of time to complete birth registration documents.

Optimalisasi Peran Regulasi dalam Upaya Pencegahan Peredaran Doping Melalui Marketplace Online di Indonesiasia

Mohammad Choirul Anam — 2025-04-26

This study aims to determine the role of regulation on the prevention of doping circulation through the marketplace and the optimisation of the application of regulations to prevent doping circulation in the marketplace in Indonesia. The method used in this research is normative juridical method with statutory approach and conceptual approach. Based on the results of the study, it shows that existing regulations have not been fully effective in preventing the circulation of doping through online marketplaces in Indonesia due to weak supervision, lack of education, and lack of antidoping test facilities. So that in order to optimise the application of regulations to prevent the circulation of doping in the marketplace in Indonesia, it is necessary to develop resources and technology through collaboration between institutions, provide insight to increase awareness about the dangers of doping through socialisation activities, and provide doping testing facilities that can be used by athletes to the regional level by developing a domestic anti-doping testing laboratory accredited by the World Anti-Doping Agency (WADA).

Penerapan Prinsip Akuntabilitas dalam Pelayanan Publik untuk mewujudkan Good Governance

Abdul Jabar — 2025-04-26

The principle of accountability is a key element of good governance in public services, which ensures transparency, responsibility, and legal compliance. Its implementation requires clear regulations, technology such as e-government, and public participation. These regulations provide a clear legal framework to ensure that public services not only meet the needs of the community, but also comply with applicable legal and ethical standards. Accountability is an instrument to ensure that the government acts in accordance with the law and can be monitored by the community. Technology not only increases transparency but also allows the collection of data that can be used to evaluate the performance of public services. In the theory of a state of law, this technology supports the creation of the supremacy of law through a more inclusive and efficient monitoring mechanism. Measuring the principle of accountability also requires active public participation in the evaluation process. The government needs to involve the public through satisfaction surveys, public consultation forums, and interactive dialogues to obtain direct feedback on the quality of services. This participation not only enriches evaluation data, but also strengthens the relationship between the government and the community in creating transparent and participatory governance. Through the synergy of regulations, technology, and public involvement, accountability encourages transparent and effective services while supporting sustainable development and integrity in governance.

Partisipasi Masyarakat Kota Pekanbaru terhadap Peredaran Sediaan Farmasi Tanpa Izin Edar oleh Balai Besar Pengawas Obat dan Makanan dalam Perspektif Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan

Etika Sari — 2025-04-26

Circulation of pharmaceutical preparations without a distribution permit is a serious problem that has attracted the attention of the Food and Drug Administration (BBPOM) in Indonesia. Unregistered pharmaceutical preparations can endanger public health because their safety, efficacy and quality are not guaranteed. Referring to Article 138 of Law no. 17 of 2023 concerning Health, BBPOM has the responsibility to supervise and ensure that all pharmaceutical preparations meet the specified standards. However, the effectiveness of such supervision is highly dependent on community participation, which is regulated in Article 417 paragraph (1) of the same law.This type of research is empirical legal research, namely research with field data as the main data source. The research location is in Pekanbaru City, the researcher chose this research location because there are still many pharmaceutical preparations in circulation without distribution permits which are distributed to the people of Pekanbaru City. In this research, the population used as the Pekanbaru community in the circulation of pharmaceutical preparations is 411,100 people. So the number of samples used was 300 people. Factors that influence public participation include the level of knowledge regarding pharmaceutical preparations, awareness of the risks of drugs without distribution permits, as well as access to information and trust in government institutions. Additionally, socio- economic factors such as price and accessibility of healthcare services also play an important role. Health education curricula that lack emphasis on the safety of pharmaceutical preparations, along with the role of mass media in shaping public perceptions, contribute to this problem.

Perlindungan Hukum Pada Perjanjian Kerja Waktu Tertentu (PKWT) Ditinjau dari Jaminan Hak-Hak Pekerja (Undang-Undang NRI Nomor 13 Tahun 2003)

Fenanda Dwi Maulandari — 2025-04-26

Legal protection is a right that every citizen should be able to enjoy equally and fairly from their government. However, in reality there are still many people who do not receive proper legal attention or protection. Law NRI Number 13 of 2003 concerning Employment, here in after referred to as UUK in Indonesia, is a law that is used to regulate all matters related to or related to workers’ labor and tenure. This research examines legal protection in fixed-team work agreements (PKWT) in terms of workers’ rights guarantess according to Law. The research method used uses an approach through statutory regulations. The research result show that the Specific Time Work Agreement (PKWT) provides legal protection to workers, although there are several weaknesses that need to be corrected. It is important to continue to improve and strengthen legal protection for workers who are bound by a (PKWT) in accordance with the provisions of the Law.