THE EXISTENCE OF FOREIGN WORKERS IN INDONESIA BASED ON PRESIDENTIAL REGULATION NUMBER 20 OF 2018 CONCERNING THE USE OF FOREIGN WORKERS

Lalu Ashadi Cahyadi, RR Cahyowati, and Zunnuraeni

Abstract:

The purpose of this study was to find out and analyze the implications of Presidential Regulation No. 20 of 2018 concerning the Use of Foreign Workers in the presence of foreign workers in Indonesia. This research is a normative legal research, with a legislative approach and a conceptual approach. The existence of foreign workers in Indonesia is based on Law No. 13 of 2003 concerning Manpower, Article 42 to Article 49, and Presidential Regulation No. 20 of 2018. Juridical implications of Presidential Regulation No. 20 of 2018 on the existence of foreign workers in Indonesia, namely changes in licensing and procedures for the use of foreign workers through the Minister of Manpower Regulation No. 10 of 2018. Sociologically has an implication for increasing the value of investment and the number of Foreign Workers.

 

Keywords:  foreign workers, Presidential Regulation No. 20 of 2018

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POSITION OF CRIMINAL CRIME IN THE INDONESIAN CRIMINAL SYSTEM

Fita  Juwiati, Rodliyah, and Amiruddin

Abstract:

This study aims to analyze the position of Criminal Crime in the Indonesian Criminal System. The problem raised in the study is: What is the Purpose of Criminal Crime in Law Number 17 of 2016 concerning Determination of Government Regulation Number 1 Year 2016. And how is the position of criminal castration in the Indonesian criminal system. This research is normative legal research (doctrinal) with the consideration that the focus of this research will be to look at the laws and regulations governing Indonesian criminal law. The approach used is the legislative approach, conceptual approach, and analytical approach. The technique of collecting legal materials is done through library research. Furthermore, legal materials are analyzed by systematic reasoning and then a conclusion is drawn so that a clear picture of the answers to the problems studied is obtained. Based on the results of the study it can be concluded that the purpose of criminal sanctions for chemical castration is to overcome the phenomenon of sexual violence against children, provide a deterrent effect on the perpetrators, and to prevent future acts of sexual violence. While the position of the castration action is not in accordance with the Indonesian criminal system, because sanctions for actions are directed at recovery, treatment and / or guidance rather than corporal punishment.

 

Keywords:  criminal, illegal, indonesian criminal system

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THE CONCEPT OF CORRUPTION CRIME MANAGEMENT

I Komang Prasetya, Amiruddin, and Anwar

Abstract:

This research was conducted to discuss how the Corruption Crime Prevention Policy According to Current Laws and How the Concept of Corruption Crime Prevention The type of research conducted is normative legal research, using legislation, conceptual approaches and historical approaches. Collection of legal materials is done through library research. Furthermore, legal materials obtained through library studies are then analyzed using interpretation (interpretation) and conclusions are drawn to answer deductive research questions. The concept of countermeasures for Corruption Crime According to the Current Laws and Regulations through Legislation for the Eradication of the Act of Democratic Justice. Among them is the Criminal Code, Law Number 31 of 1999 concerning the eradication of corruption and its revision through Law Number 20 of 2001, and even the Corruption Eradication Commission (KPK) which discusses Law Number 30 Year 2002 and Countermeasures corruption, especially in the substance aspect is a very important and strategic step, this means that the handling of corruption must be started from the formulation policy in order to renew the crime law. The most common remedial effort is the improvement of the bureaucratic system, and the most important is the seeding of anti-corruption seeds through education. Planting anti-corruption values will produce a generation of anti-corruption in the future. It should be done simultaneously with a balanced speed.

 

Keywords:  concept, countermeasures, corruption

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IMPLEMENTATION OF SUPREME COURT REGULATION NO.4 OF 2014 CONCERNING GUIDELINES FOR IMPLEMENTING DIVERSION IN THE CHILD CRIMINAL JUSTICE SYSTEM

Sri Hariyanto, Muhammad Nasir, and RR.Cahyowati

Abstract:

The purpose of this study, to find out and analyze the implementation of Regulation No. 4 of 2014 concerning Guidelines for the Implementation of Diversion in the Juvenile Justice System. Research, and to identify and analyze obstacles / obstacles to the implementation of Diversion in the Juvenile Justice System. The research method, the type of research is socio-legal research, data collection techniques by reviewing and reviewing legislation and various policies relating to diversification of child crime, research locations in Sukoharjo, Wonogiri, and Karang Anyar Courts in Central Java Province. Conclusion, implementation of the Supreme Court Regulation (Perma) No.4 of 2014, cannot be separated from Law No. 11 of 2012, and the existence of Government Regulation No. 65 of 2015. Diversion in Sukoharjo, Wonogiri, and Karanganyar Districts at the investigation level in 2014 – in 2017 there were 55 cases, at the Prosecution of 18 cases, and in court only 2 cases. This shows that the implementation of Diversion at every level has been carried out by using a restorative justice approach. Obstacles to the implementation of Supreme Court Regulation No.4 Year 2014, relating to legal factors, which are not clearly regulated regarding supervision of Diversion agreements, law enforcement factors where Judge Children in Sukoharjo District Court, and Karanganyar Court 2 people, are in Court Wonogiri, 1 person, supporting facilities or facilities where the Diversion deliberation room is inadequate, there is no Children’s Social Protection House (RPSA), and the collaboration with other related institutions is not maximal, community factors where the reporting party and / or the victim’s family do not Diversion process, cultural factors, where the culture of forgiveness among the people tends to be less.

 

Keywords:  supreme court regulation no.4 of 2014, diversion, juvenile justice system

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PHYSICAL AND CHEMICAL CHARACTERISTICS OF WATERS FOR THE LIFE AND GROWTH OF MANGROVE CRABS (Scylla serata) IN INTERTIDAL WATER OF OEBELO VILLAGE, TANAH MERAH, AND NOELBAKI VILLAGES, KUPANG BAY

Aludin Al Ayubi, Hamza H. Wulakada, and Sitti Halijah

Abstract:

This study aims to determine the physical and chemical characteristics of waters for the life and growth of mangrove crabs (Scylla cerata) in intertidal waters area of Oebelo, Tanah Merah, and Noelbaki Villages in Kupang Bay. Method used in this study is observation. Furthermore, the data obtained from these observations were analyzed using qualitative and quantitative descriptive analyses. The results obtained from this study indicated that characteristics of the physical and chemical parameters of intertidal waters in Oebelo, Tanah Merah and Noelbaki villages which are seen from temperature, current speed, total suspended solid (TSS), substrate texture, salinity, dissolved oxygen, degree of acidity, and particular organic matter (POM), showing a range of various values. However, variation in the height and low range of physical and chemical parameters of intertidal waters in the three villages still shows a value that is still within the tolerance range of mangrove crabs to sustain their life and growth process.

 

Keywords:  Physical and chemical characteristics of waters, life, growth, mangrove crabs

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COMMUNITY EMPOWERMENT IN PLANNING LOCAL WISDOM-BASED DEVELOPMENT

Bachrudin, Sholahuddin, A., and Rozikin, Z.

Abstract:

Gaining knowledge about the level of community empowerment and its participation within the development practice, especially in the planning process, requires knowledge of conditions, traditions, problems and potential existed in the society. This knowledge is required for solving problems, needs, and solutions needed. Based on this reason, the researcher wants to describe and analyze the community participation and empowerment in the local wisdom-based development planning and find its driving factors and obstacles especially in the coastalarea of Sendang Biru, Tambakrejo Village, Sumbermanjing Wetan Sub-district. The data analysis technique used is qualitative analysis with data sources obtained from the government, Sendang Biru community leaders, and the community representatives. This research was conducted in Tambakrejo Sendang Biru village, Sumbermanjing Wetan Sub-district, Malang Regency.The study location is selected purposively (deliberate), considering that Tambakrejo Village is a coastal area where the people have a characteristic of coastal communities, work as fishermen and there is a port existed that many fishermen come from all over the areas thus creates a pluralistic society. The study results were based on an evaluation of Fujikake’s empowerment, i.e. the community in Tambakrejo village had a high awareness that was formed from the existence of local wisdom and government policies thus a community empowerment was created which had an impact on many aspects forbetter life. In addition, it was also found that the inhibiting factors forthe empowerment of coastal community were influenced by the low level of education of the community, poverty, budget limitation, making it less aspirational so that it was not optimal in utilizing the available potential resources.

 

Keywords:  Local Wisdom, Community Empowerment, Participation, and Development

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RISK FACTORS OF NEONATAL MORTALITY IN SOUTH CENTRAL TIMOR AND EAST SUMBA REGENCIES

Masrida Sinaga, Fransiskus Geroda Mado, and Keristina Br. Ginting

Abstract:

Infant Mortality Ratio (MMR) in Indonesia remains high, where East Nusa Tenggara (NTT) province is one of the contributors to this high IMR value, the highest mortality found in the East Sumba and South central timor regencies. Neonatal mortality happens due to risk factors faced by women and children. This study aims to analyze factors influencing neonatal mortality, which serve to contribute to the development of a control model. This study uses control case design, where the population consists of all neonates born (and recorded) at local hospitals and health centers located in the South central timor and East Sumba regencies, within the 2016 period. The sample consists 116 neonatal deaths, and the control consists of 232 live neonates within the closest neighborhood, with equated socio-economic status. Data are analyzed descriptively and inferentially through uni-variable, bi-variable (chi-square-test), and multi-variable (multiple logistic regression test) analyses. The study results show that most neonatal mortality in TTS (81.7%) and East Sumba (86.4%) regencies occurred within the early neonates, and those are mostly caused by asphyxia (69.2%). Risk factors faced by women relevant to neonatal mortality are women’s level of education (p-value = 0.02), nutritional status (anemia / Chronic Energy Deficiency) (p-value = 0.000), complication (p-value = 0.000), and ANC practice (p-value = 0.000). All researched risk factors raced by neonates are prematurity (p-value = 0.000), birth weight (p-value = 0.000), asphyxia (p-value = 0.000) and neonatal death related infection (p-value = 0,000). Most of infants are born with Low Birth weight (65.5%), and asphyxia (69.0%) died as neonates. Results of multiple logistic regression test show that complication suffered by women (p-value = 0.000), anemia (p-value = 0.01), asphyxia (p-value = 0.000), Low Birth weight (p-value = 0.001) and prematurity (p-value = 0.012) are the highest risk factors for neonatal mortality. Prevention of complication among pregnant women / women in labor and improvement of nutritional status of women before and during pregnancy are required to ensure that infants are not born with low birth weight, asphyxia, and prematurely, which in turn prevent neonatal deaths.

 

Keywords:  Risk Factors,  Neonatal Mortality, Asphyxia, Low Birth Weight, and Prematurity

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EXPANSION OF WORKING AREAS OF LAND DEED MAKING OFFICIALS (PPAT) BASED ON GOVERNMENT REGULATION NUMBER 24 OF 2016

Agustian Tarunawan, Gatot Dwi Hendro, Widodo Dwi Putro

Abstract:

The purpose of this study is to find out and explain the arrangement and implementation of the expansion of the working area of the Land Deed Officer (PPAT) and analyze and explain the supervision of the Provincial National Land Agency and District / City Land Offices towards Land Deed Officers after the enactment of Government Regulation number 24 year 2016

The research method used in writing this thesis is normative legal research with a study of the expansion of the working area of the Land Deed Making Officer (PPAT). The approach method used is the method of statutory approach and conceptual approach. The source of legal material from this thesis consists of primary legal material, secondary legal material and tertiary legal material. The legal material collection technique used in the study traces and reviews the relevant laws and regulations that are the object of study as primary legal material, and by reviewing and tracing secondary legal materials through library studies, Analysis of legal materials used is to use legal interpretation methods according to language (grammatical) to find answers to these legal issues.

This thesis consists of five chapters, namely: Chapter I which contains an introduction, Chapter II contains Regulations on Implementation of Expansion of PPAT Working Areas After the enactment of Government Regulation Number 24 of 2016, Chapter III contains Supervision of Regional Offices of the National Land Agency of West Nusa Tenggara Province towards Officials Land Deed After the Enactment of Government Regulation Number 24 of 2016. Chapter IV contains the closing.

The conclusion of this study is the first problem, namely the absence of a regulation from the Minister of Agrarian Affairs and Spatial Planning which specifically regulates the new PPAT work area as instructed by PP No. 24 of 2016 led to a legal vacuum so that the PPAT’s obligations could not be fulfilled to make changes regarding the place of domicile and its area of work. Then for the second problem that is due to the absence of Minister of Agrarian and Spatial Planning that regulates the new PPAT work area, supervision has not been adjusted to supervision based on the new PPAT work area, but supervision is still in the corridor of the old PPAT work area namely before change.

 

Keywords: PPAT, regional work, supervision

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THE STUDY OF MAXIMUM LAND ACCELERATION USING DETERMINISTIC SEISMIC HAZARD ANALYSIS (DSHA) METHOD IN KUPANG REGENCY – NTT

Hery Leo Sianturi., Adi Susilo., Sunaryo., and Sukir Maryanto

Abstract:

Landslides occurred on the Timor Island are not a rare natural phenomenon but a common disaster that often occurs around the area. Landslides are commonly occured in areas where the soil is dominated by clay, with a fairly steep slope, land cover which is generally dominated by shrubs and occurs when the rainy season comes. Landslides on the Timor Island are highly correlated with plate tectonic forces which becomes an inseparable unit of the formation of the Timor Island. Its position at the edge of the Indo-Australian tectonic plate with a sliding fault mechanism in the southern part and the presence of a back arc in the northern part make the earthquake happens almost every year in this area. An earthquake becomes an active force that moves surface soil which can eventually trigger landslides. Factors that influence landslides in general are topographic factors, geological/lithological conditions, hydrological conditions, soil, previous landslides, land cover, human activities on land use, climate factors, and seismicity conditions of surrounding earthquakes. This study aims to map areas prone to landslide and provide detailed spatial planning directions in the Fatuleu area of Kupang Regency. The expected results from this study are maps of areas prone to landslide and land use referral maps.

 

Keywords: landslides, maximum land acceleration, land use

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LEGAL PROTECTION AGAINST EMPLOYEES AND MINORITY SHAREHOLDERS IN MERGERS OF LIMITED LIABILITY COMPANIES

Novie Afif Mauludin, Zainal Asikin, Lalu Pria Suhartana

Abstract:

A merger is a legal act that has an impact on employees and minority shareholders in a limited liability company that conducts a merger. In this thesis the problem is how is the legal protection of employees and minority shareholders in a limited liability company merger. This type of thesis research is normative legal research. The theory used is the theory of legal protection. With a legal and conceptual approach. The results of the study are legal protection of employees and minority shareholders in the event that a Limited Liability Company conducts a merger in the event of a dispute that can be carried out with efforts to resolve through non-litigation (outside the court), namely: (a) Bipartite negotiations; (b) Mediation; (c) Conciliation; and (d) Arbitration. And through litigation efforts (through the court) as stipulated in Law 2/2004 concerning PPHI. And legal protection for minority shareholders to settle in the event of a dispute through an effort to resolve non-litigation (outside the court), namely: (a) Arbitration; (b) Negotiations; (c) Mediation; and (d) Conciliation, as stipulated in Law 30/1999 concerning Arbitration and APS and litigation efforts (through court).

 

Keywords: legal protection, employees, minority shareholders, mergers, limited liability companies

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