Jaksa : Jurnal Kajian Ilmu Hukum dan Politik

Paradigma Bhineka Tunggal Ika dan Implikasinya dalam Menangani Tawuran Antar Kelompok

2024-04-30T08:32:32+08:00

This research aims to investigate the Bhinneka Tunggal Ika paradigm and its implications in dealing with brawls between groups in Indonesia. The Bhinneka Tunggal Ika paradigm reflects the spirit of diversity and unity in Indonesia, which is officially recognized as the national motto. However, challenges such as brawls between groups are still a serious problem in society, indicating that the implementation of this paradigm has not been completely successful. This research uses a literature study method to analyze the concept of Bhinneka Tunggal Ika, the factors that influence its implementation in dealing with brawls between groups, as well as strategies that can be implemented to increase its effectiveness. It is hoped that the results of this research will provide better insight into how the Bhinneka Tunggal Ika paradigm can be translated into concrete actions in dealing with inter-group conflicts in Indonesia.

Faktor Penyebab dan Upaya Penanggulangan Kejahatan Pencurian yang Dilakukan Anak di Kota Kupang

2024-04-30T08:28:13+08:00

Children are part of the generation that will continue the ideals and also serve as the foundation and hope of the nation. A child's background must be to do positive things to prepare them for life in the future, for example going to school and interacting with a positive environment. However, in reality, quite a lot of children are involved in negative things, for example theft. The formulation of the problem in this research is: (1) What are the factors that cause criminal acts of theft committed by children in Kupang City? (2) What countermeasures have been taken to overcome the occurrence of criminal acts of theft committed by children in Kupang City? This research is empirical juridical research and the data used are primary, secondary and tertiary data. This research used interviews with 19 respondents. The data was processed and analyzed descriptively qualitatively. The results of this research show that: (1) The factors causing theft committed by children come from internal factors or from within the perpetrator and external factors or from the environment where the perpetrator lives. (2) Efforts to overcome perpetrators by children: (a) Preemptive efforts, namely efforts made to instill good values or norms. (b) Preventive efforts, namely preventing crimes before they occur. To optimize handling of this problem, the author suggests paying attention to several things: (1) The public is expected to further improve security in their residential environment to prevent theft crimes. (2) The police are expected to be more intensive in their efforts to prevent criminal acts from occurring in order to reduce criminal acts of theft that occur in Kupang City.

Peran Bhinneka Tunggal Ika Dalam Keberagaman Adat Budaya di Indonesia

2024-04-30T11:57:19+08:00

Bhinneka Tunggal Ika, which translates as "Diverse but also one", is Indonesia's national motto which represents the spirit of unity in diversity. This journal aims to analyze the function and role of the concept of Bhinneka Tunggal Ika in maintaining harmony and respecting the diversity of cultural traditions in Indonesia. It was found that Bhinneka Tunggal Ika acts as a foundation for building an inclusive national identity, respecting differences and celebrating cultural plurality. These findings provide a deeper understanding of how the concept of diversity is not just an empty slogan, but also a guiding principle in maintaining unity and tolerance amidst the complexity of Indonesian society. The implications of this research can contribute to the development of policies that support the maintenance and appreciation of cultural diversity in Indonesia. More than 500 Indonesian ethnic groups show their cultural diversity, which includes language, religion, science, kinship, social systems and government systems. local economic and political systems implemented. Over the years, the movement for "unity and unity" has been more than just incorporating differences into a container that allows for togetherness; more than that, it has been an ugly story about the various ways in which cultural expression is restricted.

Peran Mosi Integral Yang di Usulkan Muhamad Natsir Pada Tahun 1956 Untuk Keutuhan Negara Kesatuan Republik Indonesia

2024-04-30T12:10:46+08:00

The Integral Motion proposed by Muhammad Natsir in 1956 played a crucial role in strengthening the integrity of the Unitary State of the Republic of Indonesia (NKRI). This proposal not only aims to strengthen the government's legitimacy, but also becomes a strategic instrument in maintaining political and social stability amidst post-independence political dynamics. By receiving majority support in parliament, the Integral Motion creates a strong foundation for the government to face various internal and external challenges, and accelerate the implementation of urgent policies for national development and national unity. In conclusion, Muhammad Natsir's Integral Motion in 1956 was not only a symbol of political unity, but also confirmed commitment to the integrity of the Republic of Indonesia in facing the dynamic changes of the times.

Kewarisan Tanah Pusako Tinggi dalam Perspektif Hukum Adat dan Hukum Islam

2024-05-09T05:32:50+08:00

The inheritance of high pusako land from the perspective of Minangkabau customary law and Islamic law is an interesting topic to investigate because Minangkabau is one of the communities in Indonesia that adheres to a matrilineal kinship system which is closely related to the inheritance system. This article discusses the concept of inheritance of Pusako Tinggi land from two different legal perspectives. In Minangkabau customary law, the concept of inheritance of high pusako land is divided into three types: high inheritance, low inheritance, and search property. Management of high inheritance assets is in the hands of the woman or mother, supervised by the mamak, and may not be owned privately. Disputes regarding the use of inheritance can be resolved through the Nagari Customary Meeting. On the other hand, Islamic law has its own rules regarding inheritance of property. The Compilation of Islamic Law regulates the distribution of inheritance between heirs in different proportions according to the kinship relationship with the heir. Case studies of high inheritance land disputes show how the courts consider customary law and Islamic law in resolving these disputes. The court stated that selling high heritage land without the consent of all family members was an unlawful act according to Minangkabau customs. With a better understanding of these two legal perspectives, it can be hoped that the resolution of Pusako Tinggi land inheritance disputes will be fairer and in accordance with prevailing cultural and religious values.

Pelindungan Hukum Atas Monetisasi Koreografi pada Program Tantangan Menari yang Diunggah Dalam Platform Tiktok

2024-05-06T03:09:26+08:00

The understanding of TikTok users tends to be less concerned about someone's creative work. This has led to the widespread practice of TikTok users using choreography creations for monetization on the TikTok platform without the creator's permission. This study aims to determine the legal protection for creators of Dance Challenge choreography regarding monetization on the TikTok platform based on Law Number 28 of 2014 on Copyrights and to determine dispute resolution for choreography owners regarding monetization of Dance Challenge choreography by others without permission on the TikTok platform based on applicable laws and regulations. This research was conducted using the normative juridical and socio-legal approach methods. The research was conducted by conducting both library and field research as the primary research materials. Based on the conducted research, the results show that TikTok users who create and upload choreography works on the TikTok platform automatically receive copyright protection for those choreography works. If a creator feels that their choreographic work has been monetized by others without their permission, the creator can report it through TikTok administration, alternative dispute resolution, arbitration, or legal proceedings.

Perlindungan Hak Wajib Pajak Dalam Proses Pemeriksaan Dan Penegakan Hukum Pajak Di Indonesia Ditinjau Dari Perspektif Hukum Dan Etika

2024-05-08T08:06:14+08:00

To encourage voluntary compliance with tax obligations, taxpayers must be treated fairly, which requires legal protection of their rights. The charter of taxpayer rights or the actual tax law as contained in the tax law are two methods used to implement the recognition of taxpayer rights. Taxpayers themselves also submit restitution claims, one of which is value-added tax, in this case the legal certainty does not exist because of the overlapping administrative and criminal sanctions. Some countries have explicitly recognized taxpayer rights in their laws, as well as through the creation of papers outlining those rights. The "Normative Juridical" Research Method is the legal research methodology used.

Perlindungan Hukum Terhadap Anak Dari Perkawinan Beda Agama Dalam Memeluk Agama Dari Prespektif Hukum Islam

2024-05-08T10:04:53+08:00

When two people, a woman, a man, have different beliefs, marry while practicing their respective religions, it is known as an interfaith marriage. However, interfaith unity raises unique problems, especially those related to children's rights. Marriage results in the birth of a child. In essence, sons or daughters who have offspring from a marriage bond must receive protection from laws in the social and state environment. This journal uses empirical or sociological research methods to find out how society and the law respond to interfaith marriages and the religious choices made by their descendants. Primary and secondary data regarding child safety and religious freedom—namely, that parents have no right to force their children to convert to their religion—were collected from legal materials found in books, journals, and online sources. That parents who have different beliefs are prohibited from forcing their children to practice their religion, especially if there are differences of opinion that have a negative impact on the children themselves. So, as parents, we must care for and advise with high dedication to our sons and daughters about religion and set a good example for them, and the state must defend the rights of children regardless of the child's legitimacy, religious beliefs, physical and mental health, or position. in a social environment.