scholarly journals CONTROVERION OF COVID 19 VACCINATION FROM LEGAL ASPECTS

2021 ◽  
Vol 3 (2) ◽  
pp. 92-104
Author(s):  
Yeti Kurniati ◽  
Deden Hadi Kushendar
Keyword(s):  
Legal Aspects ◽  
Research Approach ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
Vaccine Refusal ◽  
Presidential Decree ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
The Impact

The Covid-19 pandemic is a pandemic that has hit the world, include Indonesia. With this pandemic, Indonesia has experienced an emergency status. Through Presidential Decree No.11 of 2020, Indonesia has announced a health emergency status. With the COVID-19 pandemic, the government has stepped in to make various efforts in order to overcome the impact of the Covid-19 pandemic. The government's effort in overcoming the pandemic is by giving vaccinations to the community in stages. However, in the implementation of the vaccine, the community has not yet understood the benefits of the vaccine, especially considering that the Indonesian people are diverse in culture, various ethnicities, so that in its implementation there are those who are contra but some are pros. Therefore, the existence of this article is one of which is to explain the existence of vaccination in the community which is a right or obligation for society and whether vaccine refusal can be subject to criminal sanctions. This research is a research in the field of law with a research approach that provides a systematic exposure to regulations that regulate certain categories of laws, analyze relationships between regulations, describe areas experiencing obstacles, and even predict future developments with a conceptual approach. The results showed that vaccination was originally the right of everyone. And it also shows that people in society seem to be carried away with emotions to carry out their obligations as citizens who contribute to health for the Indonesian people themselves considering the emergencies in Indonesia today, because people can predict that if they do not participate in vaccination it has the potential to infect and even kill other people. As for punishment, this should be an ultimum remedium, if other institutions such as persuasive methods, socialization and even administrative sanctions related to vaccination are no longer functioning while health emergencies in Indonesia are getting worse

scholarly journals Advokasi Dualisme Kebebasan Visa di Indonesia

2020 ◽  
Vol 9 (3) ◽  
pp. 608
Author(s):  
Dewa Krisna Prasada
Keyword(s):  
Legal Research ◽  
Criminal Sanctions ◽  
Legal Provisions ◽  
Presidential Decree ◽  
The Republic ◽  
The Government ◽  
Domestic Affairs ◽  
Administrative Sanctions ◽  
Tourism Economy ◽  
And Control

Visa is a written letter that has an element of legality used when one visits another country. In 2016 the President of the Republic of Indonesia issued a Presidential Regulation regarding Visa-Free Visit. Presidential Decree Number 21 Year 2016 concerning Visa-Free Visit (BVK) provides an opportunity for 169 countries to freely visit the territory of the Republic of Indonesia without a visa. With this provision, it creates dualism in a social environment. On one hand, this provision is beneficial in increasing the tourism economy, and on the other hand, the growth of the risk of criminalization by foreigners is increasing. This study aims to provide a solution to the problem in legal provisions to prevent and control the traffic of foreigners to Indonesia after the enactment of the BVK and how to sanction citizens who abuse the visa-free visit permit. This study uses normative legal research methods. The results of this study indicate that the rules that determine the supervision and implementation of the rules systematically against foreigners who abuse BVK are specified in Law Number 6 Year 2011, Regulation of the Ministry of Law and Human Affairs (Permenkumham) Number 17 Year 2016, and Regulation of the Ministry of Domestic Affairs (Permendagri) Number 49 Year 2010. In addition, for foreigners who are caught having committed violations, the government can provide administrative sanctions up to criminal sanctions and deportation. From the perspective of the ius constituendum, the provisions regarding BVK need to carry out legal reconstruction to determine specific sanctions against foreigners who commit violations. Besides, there is a need for provisions regarding the system for providing BVK to foreigners in detail so that it is right on target. Visa merupakan sesuatu surat tertulis yang memilki unsur legalitas yang digunakan dalam kegiatan kunjungan menuju negara lain. Pada tahun 2016 Presiden Republik Indonesia mengeluarkan Peraturan Presiden mengenai bebas visa kunjungan. Perpres Nomor 21 Tahun 2016 tentang Bebas Visa Kunjungan (BVK) memberikan kesempatan bagi 169 negara untuk bebas berkunjung ke wilayah Republik Indonesia tanpa visa. Ketentuan tersebut menimbulkan dualisme dalam suatu lingkungan sosial. Di satu sisi, ketentuan ini menguntungkan dalam peningkatan ekonomi pariwisata, dan di sisi lain pertumbuhan resiko kriminalisasi oleh orang asing kian bertambah. Kajian ini bertujuan memberikan suatu jawaban dari permasalahan dalam ketentuan hukum untuk mencegah dan mengendalikan lalu lintas orang asing ke Indonesia pasca berlakunya BVK dan bagaimana sanksi kepada warga yang menyalahgunakan izin bebas visa kunjungan. Kajian ini menggunakan metode penelitian hukum normatif (normative legal research). Hasil penelitian ini menunjukkan bahwa aturan-aturan yang menentukan mengenai pengawasan dan berjalannya aturan secara sistematis terhadap orang asing yang menyalahgunakan BVK ditentukan dalam Undang-Undang Nomor 6 Tahun 2011, Permenkumham Nomor 17 Tahun 2016, dan Permendagri Nomor 49 Tahun 2010. Selain itu bagi orang asing yang tertangkap telah melakukan pelanggaran, pemerintah dapat memberikan sanksi administratif sampai sanksi pidana dan deportasi. Dari prespektif ius constituendum ketentuan mengenai BVK perlu dilakukan rekonstruksi hukum guna menentukan sanksi secara khusus terhadap warga asing yang melakukan pelanggaran. Selain itu, perlu adanya ketentuan mengenai sistem pemberian BVK kepada orang asing secara mendetail agar tepat sasaran.

scholarly journals SHARIA LAW OF TAX AMNESTY IN PERSPECTIVE OF THE SOUTH KALIMANTAN MUSLIM ECONOMISTS

2018 ◽  
Vol 18 (2) ◽  
pp. 140
Author(s):  
Firqah Annajiyah Mansyuroh
Keyword(s):  
Legal Aspect ◽  
Legal Aspects ◽  
Living Will ◽  
Standard Of Living ◽  
Legal Form ◽  
Criminal Sanctions ◽  
Tax Amnesty ◽  
The People ◽  
The Right ◽  
Administrative Sanctions

Abstract: The rising standard of living will require an ever-increasing budget. This can be seen from the size of the Indonesian government budget for 2017, revenue in the APBN only Rp 1750.3 trillion while spending reached Rp 2,080.5 trillion. One way to increase state revenues without adding a new burden to the community is through a tax amnesty program. This policy then from the legal aspect, especially the tax amnesty legislation contains legitimacy about not enforcing the applicable laws and regulations, especially regarding administrative sanctions, criminal sanctions and legal form of tax amnesty arrangement itself. From the legal aspects of Islam, this policy of tax amnesty cannot be ignored to see the elements of maslahat and mafsadat or the dominant effect it causes in society. Therefore, author consider the Muslim economist is the right person to be consulted about the policy of tax amnesty, so that the research on tax amnesty perspectives Muslim economist South Kalimantan conducted. This research is empirical law research, which is research done in certain environment, in this case done in South Kalimantan Province. The results found are Muslim economists of South Kalimantan have a view that is divided into two in terms of tax amnesty policy, namely agree and disagree. Those who agree with this policy have the foundation of the priestly (government) policy on the people based on the benefits and considering the amount of benefits obtained compared to the non-tax amnesty. 

scholarly journals TANGGUNG JAWAB PERUSAHAAN DALAM PEMENUHAN JAMINAN SOSIAL KETENAGAKERJAAN DI KOTA TARAKAN

2021 ◽  
Vol 3 (1) ◽  
Author(s):  
Darwis Manurung ◽  
Mawardi Khairi ◽  
Inggit Akim
Keyword(s):  
Social Security ◽  
Human Dignity ◽  
Labor Rights ◽  
Criminal Sanctions ◽  
Labor Agreement ◽  
Constitutional Right ◽  
The Government ◽  
The Right ◽  
Administrative Sanctions ◽  
Legal Consequences

ABSTRACT Social security constitutes As a part of constitutional right for every citizen as mentioned in article 28 letter h paragraph 3 of the 1945 Constitution which states that everyone is entitled to social security which enables to development dignified human being. In addition, the provisions of Article 34 paragraph 2 of the 1945 Constitution also states that the state develops social security system for all people and empower the weak and incapable in accordance with human dignity. The fulfillment of labor rights by the company is a mandate of Law Number 13 Year 2003 on Manpower Article 86 paragraph 1 which states that every worker / laborer has the right to obtain protection for safety, health, morals, morals and treatment in accordance with the dignity and human dignity and religious values.Company policy in fulfilling labor rights on social security of labor is done through Collective Labor Agreement (PKB). In order to ensure the fulfillment of the right to social security of employment the Government of Tarakan City has issued Tarakan Mayor Instruction Number 2 Year 2014 on the Implementation of BPJS Employment Program through Licensing Administration in Tarakan City requiring employers / apprentices applying, extending permits to self-preservation and employee in BPJS Employment before the issuance of company licensing documents. The legal consequences for non-self-employed companies and their employees in the Employment BPJS program are subject to administrative sanctions to the imposition of criminal sanctions. While the legal consequences for the workforce are not able to claim compensation to BPJS Employment if experiencing work accident, death, pension and old age pension. Keyword: Rights of Worker, Company, Employment BPJS

scholarly journals Kebijakan Pemerintah dalam Memberikan Insentif Pajak Penghasilan Pasal 21 Kepada Wajib Pajak Terdampak Pandemi Covid-19

2021 ◽  
Vol 2 (2) ◽  
pp. 418-423
Author(s):  
I Putu Widya Laksana Pendit ◽  
I Nyoman Putu Budiartha ◽  
Ida Ayu Putu Widiati
Keyword(s):  
Income Tax ◽  
Research Method ◽  
Economic Recession ◽  
Tax Incentives ◽  
Conceptual Approach ◽  
Directorate General ◽  
Huge Impact ◽  
The Government ◽  
The Right ◽  
The Impact

The Covid-19 pandemic has been going on since the end of 2019 and has had a huge impact in the health, social and economic recession in Indonesia. The Government needs to take policies to anticipate these problems through fiscal policy. One of the policies issued was the provision of income tax incentives article 21 to affected workers. The problems of this research cover the substance of government policies in providing income tax incentives article 21, and the impact of providing income tax incentives article 21 for workers. The research method used is a normative legal research method, with a statutory and conceptual approach to the problem. The technique of collecting legal materials is carried out by recording, identifying, inventorying, and compiling according to the types of available legal materials. Based on the research results, it was found that the provision of Article 21 income tax incentives and borne by the Government has specific requirements regarding the business category and the amount of salary of workers who have the right to get the incentives. This is regulated in the Minister of Finance Regulation and implementation instructions through a letter from the Directorate General of Taxes Number SE-47/PJ/2020. The impact of providing this incentive can increase workers' income because income tax of Article 21 is borne by the government and helps workers maintain purchasing power. Thus, it can be concluded that the provision of income tax article 21 which is borne by the government has a fairly good impact on workers who meet the criteria and requirements, so that workers can also get incentives that are appropriate to their work and are able to support their daily needs.

scholarly journals Sanksi Pidana Bagi Pelaku Penimbun Masker Selama Masa Pandemi Covid-19

2021 ◽  
Vol 2 (3) ◽  
pp. 447-453
Author(s):  
Kadek Wahyu Juniarta ◽  
Anak Agung Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Literature Study ◽  
Conceptual Approach ◽  
Criminal Sanctions ◽  
The Government ◽  
Materials Used ◽  
Administrative Sanctions

Hoarding is an activity of collecting goods so that they become scarce in the market and are sold at high prices. During the COVID-19 pandemic, people really need masks, but people who don't have empathy for their fellow citizens hoard masks so that they become scarce and the price becomes expensive. The purpose of this study is to reveal the legal arrangements against the perpetrators of hoarding masks during the COVID-19 pandemic and criminal sanctions against those who hoard masks during the COVID-19 pandemic. In this study using a statutory approach and a conceptual approach. Sources of legal materials applied are primary legal materials and secondary legal materials. the technique in collecting legal materials used is a literature study technique which is then analyzed systematically. The results of the study indicate that criminal sanctions against perpetrators of hoarding masks are based on Article 107 of Law Number 7 of 2014 with a maximum imprisonment of 5 years or a maximum fine of Rp. 50,000,000,000.00. In Law Number 5 of 1999 sanctions can also be imposed, in the form of administrative sanctions, basic criminal sanctions, additional criminal sanctions. The government must be able to provide appropriate sanctions for the perpetrators of hoarding masks because they have violated and threatened the interests of the community.

scholarly journals Penormaan dan Pelaksanaan Kewajiban Ingkar Notaris

2020 ◽  
pp. 113-138
Author(s):  
Qonitah Annur Aziza ◽  
Aprilia Trisanti ◽  
Kiki Aristyanti
Keyword(s):  
Research Method ◽  
Legal Protection ◽  
Research Approach ◽  
Limit Set ◽  
Conceptual Approach ◽  
Legal Norms ◽  
Existing Problems ◽  
Criminal Sanctions ◽  
Administrative Sanctions

The notary is obliged to keep all legal deeds outlined in the contents of the deed and all information given to the notary in making the deed. the appointment of a notary as a witness in a case causes the violation of this obligation to be violated a lot. Strong legal protection is needed from the Honorary Board of Notaries (MKN) so that investigators and prosecutors are not arbitrary. The formulation of the problem taken by the author is the normalization of notary liability based on UUJN. And the application of sanctions from the notary obligation in the community.The writing of this thesis uses a normative juridical research method, namely by reviewing the legal norms contained in legislation, legal theories and jurisprudence related to the issues discussed. This research approach uses a statute approach and a conceptual approach. The purpose of this study is to explain more deeply about the norms of denial obligations in the UUJN and their application in the community with the existence of permission from MKN. Based on the results of the study, the author obtained answers to existing problems, namely the notary has a broken obligation that must be obeyed and regulated in Article 4 paragraph (2) and Article 16 paragraph (1) letter f UUJN-P. This breach obligation has a limit set out in UUJN in Article 66 paragraph (1) concerning a notary appointed as a witness can talk about the deed with the approval of the permit from MKN. But it also needs to be known if the broken obligation is violated without permission, the notary may be subject to administrative sanctions in the form of termination of employment, civil sanctions in the form of compensation and criminal sanctions in the form of prison sentences.

KAJIAN DAMPAK KEBIJAKAN PENUTUPAN LOKALISASI TELEJU OLEH PEMERINTAH KOTA PEKANBARU

2017 ◽  
Vol 15 (2) ◽  
pp. 78
Author(s):  
M. Zainuddin
Keyword(s):  
Social Order ◽  
Qualitative Method ◽  
Negative Impact ◽  
Early Stage ◽  
Policy Research ◽  
Research Approach ◽  
Policy Content ◽  
The Government ◽  
Closure Policy ◽  
The Impact

This research to analyze the impact of closure policy Teleju brothel by Pekanbaru govermentin 2010. Guidelines for works are Pekanbaru Local Regulations No. 12 of 2008 on Social Order-liness. Closure this brothel inflicts positive and negative impact for society.The research wasconducted to obtain early stage formula for the government to take action against the prostitu-tion activities. This research uses policy research approach with a qualitative method, becausein prostitution activities and prohibition by goverment is an assessment that needs to be done byanalyzing documents and unstructured interview.The results showed that after the closing of the Teleju brothel have an impact on the deploy-ment of a prostitution and affect the economy of the surrounding residents. Government seeksto tackle prostitution in Pekanbaru by moving the brothel, conduct regular raids and providetraining. The effort is considered to be less than the maximum because the handling is not basedon the root of the problem and not programmed properly. There are several causes of failure ofgovernment to overcome the prostitution problem in Pekanbaru, including: policy content isless focus on the prostitution problem, the government did not proceeds with data, lack of finan-cial support, contra productive programs between local government with the police and TNI,and the policy object is difficult to be given understanding.

The Right to Information in India Implementation and Impact

2015 ◽  
Vol 2 (1) ◽  
pp. 17
Author(s):  
_______ Naveen ◽  
_____ Priti
Keyword(s):  
Public Life ◽  
Public Authorities ◽  
The Public ◽  
Know How ◽  
The People ◽  
The Government ◽  
Right To Information ◽  
The Right ◽  
The Impact

The Right to Information Act 2005 was passed by the UPA (United Progressive Alliance) Government with a sense of pride. It flaunted the Act as a milestone in India’s democratic journey. It is five years since the RTI was passed; the performance on the implementation frontis far from perfect. Consequently, the impact on the attitude, mindset and behaviour patterns of the public authorities and the people is not as it was expected to be. Most of the people are still not aware of their newly acquired power. Among those who are aware, a major chunk either does not know how to wield it or lacks the guts and gumption to invoke the RTI. A little more stimulation by the Government, NGOs and other enlightened and empowered citizens can augment the benefits of this Act manifold. RTI will help not only in mitigating corruption in public life but also in alleviating poverty- the two monstrous maladies of India.

Buyer-assisted lean intervention in supplier firms: a supplier development approach

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Imranul Hoque
Keyword(s):  
Financial Incentives ◽  
Large Scale ◽  
Qualitative Data ◽  
Research Approach ◽  
Capability Development ◽  
Content Type ◽  
Production Capability ◽  
Lean Tools ◽  
The Right ◽  
The Impact

PurposeThis study aims to investigate how buyer-assisted lean intervention in garment supplier factories affects garment suppliers' productivity and production capability development.Design/methodology/approachEmploying a qualitative research approach and a lean intervention design, a multiple case study method was adopted for this study. Quantitative data on productivity performance and qualitative data on production capability development were collected from a Danish buyer and their four corresponding garment suppliers. Collected data were analysed using standard lean measurement tools and qualitative data analysis techniques.FindingsThis study demonstrates that buyer-assisted lean intervention is a useful strategy for garment suppliers to enhance their productivity and production capability. However, suppliers need to select the right lean tools, ensure seriousness and commitment to lean initiatives, substantial involvement of top management and workers, arrange formal and informal training, provide performance-based financial/non-financial incentives and nurture a learning culture to facilitate suppliers' production capability development.Research limitations/implicationsThis study implemented few lean tools in a single sewing line in four supplier factories for a short intervention duration. Thus, there is a scope for future studies to investigate the impact of the lean intervention on a large scale.Practical implicationsThe findings of this study might bring new insights to the management of buyer and supplier firms concerning how buyers could involve in suppliers' lean intervention initiatives and what suppliers need to ensure to develop production capability.Originality/valueFor the first time, this study engaged a buyer in suppliers' lean intervention initiatives to improve productivity and production capability in the garment industry of a developing country.

scholarly journals Persepsi Masyarakat Terhadap Pemberlakuan Social Distancing Di Masa Pandemi Covid-19 Sebagai Implementasi Modal Sosial

2021 ◽  
Vol 3 (1) ◽  
pp. 25-31
Author(s):  
Ade Suherman ◽  
Tetep Tetep ◽  
Asep Supriyatna ◽  
Eldi Mulyana ◽  
Triani Widyanti ◽  
...  
Keyword(s):  
Social Capital ◽  
Health Condition ◽  
Public Perceptions ◽  
Research Approach ◽  
Community Group ◽  
Social Distancing ◽  
The Government ◽  
The Impact ◽  
Staying At Home ◽  
At Home

The purpose of this study is to analyze and explain public perceptions of the implementation of social distancing during the pandemic as the implementation of social capital. This study was motivated by the phenomenon of the outbreak of the Covid-19 pandemic in a number of countries, including Indonesia. This condition not only affects the economic condition of a country, hinders social interaction among the community, and also has an impact on the health condition of every human being. To avoid the wider spread of Covid-19, the government was forced to adopt social distancing and physical distancing policies in the form of staying at home, working from home, studying, and worshiping at home. This research approach is descriptive qualitative. The data of this research is the impact of social distancing for the community in Tarogong Kidul District, Garut Regency. Sources of data come from several communities with a total of 50 respondents. Collecting data in this study using interview techniques, record, and continue to take notes. The results of the research can be concluded that with the implementation of social distancing in the pandemic period, at least the community can implement social capital which includes informal values ​​or norms that are shared among members of an interrelated community group, which is based on the values ​​of beliefs, norms and networks social and they respect each other, the development of social capital is the creation of increasingly independent groups of people who are able to participate more meaningfully. Social capital can solve citizens' problems, especially with regard to strengthening friendship, repairing and maintaining public service facilities because it has advantages and is the most appropriate, even though there are other social capital in the community.

Sign in / Sign up

Export Citation Format

Share Document