https://ejurnal.bunghatta.ac.id/index.php/JFH/issue/feed 2024-09-06T07:06:37+00:00 Open Journal Systems https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26124 2024-09-02T06:06:57+00:00 Hendri Oktavia Hatta oktaviahendri@gmail.com

Currently, criminal acts of corruption continue to grow, causing huge losses to the state, especially as this is accompanied by acts of hiding assets and even money laundering. This research is normative juridical with sources from primary, secondary and tertiary legal materials and analyzed qualitatively. The results of the research show that the policy perspective of confiscating assets resulting from criminal acts of corruption in Indonesia can be carried out with several provisions regulated by Articles 32, 33, 34 and 38C of Law of the Republic of Indonesia Number 20 of 2001 concerning the Eradication of Corruption Crimes, as well as in Article 54 paragraph (1) letter c UNCAC. Apart from the inadequate provisions, the importance of the law regarding asset confiscation can also be seen from Indonesia's position as a UNCAC ratification country. The policy perspective in the Asset Confiscation Bill can basically support the agenda of recovering state financial losses while simultaneously confiscating maximum assets from perpetrators of corruption. The suggestion in this research is that the DPR together with the government should immediately discuss and pass the Asset.

2024-09-02T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26172 2024-09-02T14:28:49+00:00 Fifi Septriana fie.3child@gmail.com

Law Number 7 of 2017 concerning General Elections Article 173 Paragraph (2) letter e includes 30% (thirty percent) representation of women as legislative members. Problem formulation: 1) What is the representation of women in legislative institutions in the Regional People's Representative Council of West Sumatra Province? 2) What factors influence the low representation of women in legislative institutions in the Regional People's Representative Council of West Sumatra Province? 3) What efforts have been made by political parties to increase women's representation in legislative institutions in the Regional People's Representative Council of West Sumatra Province? The research method used is socio-legal approach, namely a study that reviews law as fact. The research results are as follows: 1) Women's representation in legislative institutions in the Regional People's Representative Council of West Sumatra Province. In the 2019 legislative general election, the percentage of women's representation in the Women's DPRD of West Sumatra Province was only 4 people out of 65 DPRD members, amounting to 10.83%. This figure is still far from the national target set at 30%. 2) Factors that influence the low representation of women in legislative institutions in the DPRD of West Sumatra Province, namely a. socio-economic factors. b. personal and psychological factors 3) Efforts made by political parties to increase women's representation in legislative institutions. a. Identify and recruit women. b. Providing training to prospective female legislative members.

2024-09-02T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26220 2024-09-03T09:53:59+00:00 Elsa Imania elsaimania13@gmail.com

The Criminal Code, the SPPA Law, and the Narcotics Law have regulated regulations regarding the double track system. In this regulation, the punishment for children in conflict with the law is different from the punishment for adults. Child punishment is one of the punishments that uses special laws, the handling of which varies according to the case. Problem formulation: 1) How is the application of the double track system in sentencing decisions against children in drug abuse crimes at the Padang District Court? 2) What is the basis for the judge's considerations in applying the double track system in sentencing decisions against children in drug abuse crimes at the Padang District Court? This research is normative juridical research. The author used secondary data in the form of court decisions. Data was collected by document study, then analyzed qualitatively. The results of the research concluded that 1) Judges at the Padang District Court in handing down sentences in narcotics abuse crimes have implemented a double track system, namely determining criminal sanctions in line with action sanctions. 2) The judge's consideration in implementing the double track system in punishing children in narcotics abuse crimes at the Padang District Court is by taking into account both juridical and non-juridical considerations.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26239 2024-09-03T15:56:50+00:00 Irene Putri Yufira ireneputriyufira24@gmail.com

Faktor terjadinya kejahatan dalam kriminologi disebut dengan Kriminogen, dalam tesis ini akan dibahas tentang faktor Kriminogen mengenai tindak pidana penganiayaan secara bersama-sama oleh kelompok kriminal bermotor di Kota Jambi sebagaimana diatur dalam Pasal 170 KUHP. Data dari unit JATANRAS Polresta Jambi terdapat 191 orang yang diamankan melakukan tindak pidana penganiayaan, dengan pelaku anak-anak sebanyak 125 orang dan dewasa 66 orang, dan 21 kelompok bermotor. Rumusan masalah: 1) Apakah faktor kriminogen meningkatnya tindak pidana kekerasan secara bersama-sama yang dilakukan oleh kelompok kriminal bermotor di Kota Jambi? 2) Bagaimanakah upaya Polresta Jambi dalam pencegahan meningkatnya tindak pidana kekerasan secara bersama-sama yang dilakukan oleh kelompok kriminal bermotor di Kota Jambi? Jenis penelitian yuridis sosiologis data yang digunakan adalah data primer dan data sekunder, teknik pengumpulan data dengan wawancara dan studi dokumen; data dianalisis secara kualitatif. Hasil penelitian: 1) Faktor kriminogen meningkatnya tindak pidana kekerasan secara bersama-sama oleh kelompok kriminal bermotor adalah pengaruh lingkungan pertemanan dan pengaruh media sosial. 2) Upaya Polresta Jambi dalam pencegahan meningkatnya tindak pidana kekerasan secara bersama-sama yang dilakukan oleh kelompok kriminal bermotor di Kota Jambi yaitu upaya preventif dan upaya represif.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26240 2024-09-03T16:12:18+00:00 Rahmat Taufik taufikrt2209@gmail.com

Chemotherapy treatment for Health Social Security Administering Agency (BPJS) patients carried out by hospitals must follow the rules of the national formulary. Sometimes differences are found between the National Formulary and the chemotherapy regimen issued by the Indonesian Association of Surgical Oncologists (PERABOI). Problem Formulation: 1) How do BPJS patients with cancer fulfill their rights to health in chemotherapy services? 2) What are the obstacles in fulfilling their health rights for BPJS patients with cancer in chemotherapy services? 3) What efforts have been made to overcome obstacles in fulfilling the health rights of BPJS patients with cancer in chemotherapy services? This research is sociological legal research, primary and secondary data sources, analyzed qualitatively. Data collection by interviews. Research results: 1) Fulfillment of health rights for BPJS patients with cancer in chemotherapy services will be guided by the National Formulary which is also a reference for BPJS. 2) An obstacle in fulfilling the right to health for BPJS patients with cancer in chemotherapy services is when there is a difference between the National Formulary and the clinical practice guidelines for treatment from the Surgical Oncology Association. If there is a difference, there will be restrictions/limitations in administering the drug. 3) Efforts made by doctors and hospitals to fulfill the health rights of BPJS patients with cancer in chemotherapy services. If there are restrictions from BPJS, doctors will adjust to the rules from BPJS. Another effort is at the central level by conducting dialogue between the Surgical Oncology Association, BPJS and the Ministry of Health so that there is conformity between the clinical practice guidelines for Oncology surgery and the National Formulary which is the guideline for BPJS.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26243 2024-09-03T16:31:33+00:00 Rina Hanifa rinahanifa54@gmail.com

Law of the Republic of Indonesia Number 31 of 1999 concerning Corruption, In Articles 2, 3 and 4 of the Corruption Law there are 3 related elements, namely the term corruption, state finances, and the state economy. With the formulation of the problem: 1) How is the application of financial management in preventing Corruption in the Inspectorate of West Sumatra Province? 2) What are the obstacles encountered by the Inspectorate of West Sumatra Province in implementing financial management to prevent Corruption? 3) Financial management model in avoiding Corruption in the Inspectorate of West Sumatra Province. This study uses sociological juridical, Data sources consist of primary data and secondary data. The data approach was collected by interviews and document studies, data were analyzed qualitatively. The results of the study concluded that 1) The application of the financial management model that must be carried out is to plan allocations carefully and with the right calculations 2) The weakening of law enforcement in Indonesia does not have integrity and morals 3) Financial management of the Apparatus must be interpreted as a form of participation of the apparatus in the implementation and management of state finances.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26246 2024-09-03T16:58:20+00:00 Mutia Yulia Sandela sandelamutia98@gmail.com

Law Number 16 of 2019 concerning Marriage states that marriage is only permitted if the man and woman have reached the age of 19 years. In several cases, East Sikucua is vulnerable to marriage at a young age which causes degradation in education and decline in the economy, therefore this research is related to the role of ninik mamak in fulfilling the educational rights of children who marry at a young age. Problem Formulation: 1) What are the factors that cause children to marry at a young age in Sikucua Timur, Padang Pariaman Regency? 2) What are the impacts of children marrying at a young age on the fulfillment of children's educational rights in Sikucua Timur, Padang Pariaman Regency? 3) What are the sanctions given by ninik mamak in fulfilling the right to education for children who marry at a young age in Sikucua Timur, Padang Pariaman Regency? Sociological legal research methods, data collection from document studies and interviews. Analyzed qualitatively, namely the data that appears in the form of words, not a series of numbers. Conclusions (1) Factors causing children who marry young, economic factors, lack of education, wrong relationships and arranged marriages (2) Impacts that arise for children who marry young, not getting optimal education, divorce and gender discrimination (3) Sanctions that apply given by ninik mamak to children who marry at a young age, giving fines, giving warnings and advice.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26247 2024-09-03T21:44:44+00:00 Batinta Oktavianus P. Meliala batinta366@yahoo.com

Efforts to protect children as victims of criminal sexual abuse in court are inseparable from efforts to prove the existence of criminal sexual abuse of children. The problem that often arises in the process of proving the crime of child abuse in court is that the evidence presented at trial is often not strong. The problem formulation in this research is: 1. How is the analysis of judges' legal considerations in deciding child abuse cases in Painan District Court? and 2. What are the obstacles for judges in finding material truth in deciding cases of child abuse in Painan District Court? This type of research is normative legal research and sociological legal research, the data obtained is descriptive qualitative, then analysed and conclusions are drawn using the inductive method. The judge of Painan District Court decided the case of child abuse by using juridical considerations based on the evidence and proofs presented at the trial to determine the guilt of the defendant and non-juridical considerations to determine the type and severity of punishment against the defendant, including the history of the defendant's conviction, the consequences of the defendant's actions and the condition of the defendant. 2. The obstacles for judges in the search for material truth in deciding cases of child abuse in the Painan District Court are the lack of evidence of the quality of evidence at trial.

2024-09-03T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26263 2024-09-04T02:10:08+00:00 Fitri Yulia fitri2010fy@gmail.com

Health is a basic right of every individual guaranteed by the constitution in Indonesia. Article 34 Paragraph (2) of the 1945 Constitution states that the state develops a social security system for all people and empowers weak and incapable people in accordance with human dignity. Law No. 40 of 2004 concerning the JSN System is one manifestation of this responsibility in order to ensure the welfare of its people. The National Formulary lists the drugs used by hospitals serving BPJS patients. BPJS patients complained about cases of patients being charged a fee and not given it when taking medication. The problems of this research are: 1) How is the implementation of the national formulary in providing BPJS patient rights at private hospitals in Padang City? 2) What are the obstacles for private hospitals in giving BPJS patients rights to the national formulary? This type of research is sociological juridical. The data used was primary data and secondary data. Data collection was carried out through documentation and interviews, then the data was analyzed qualitatively. The research results show: 1) Hospitals in supporting government policies create their own policies that can be used when implementing the use of the National Formulary. 2) Planning and procurement of medicines in hospitals referring to the National Formulary is carried out by the Pharmacy Installation, while evaluation of use is carried out in collaboration with the Pharmacy Installation, Pharmacy and Therapy Committee and the Director.

2024-09-04T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26266 2024-09-04T02:25:11+00:00 Iva Fitri Wahyuni ivafitri.84@gmail.com

Determining the mental condition of the perpetrator of murder requires a team of mental health experts conducted at Prof. HB. Saanin Padang Mental Hospital through a request for a visum et repertum psychiatricum. This research is conducted juridically sociologically with the aim of knowing the role of the mental health expert team in the criminal investigation process of murder and what obstacles the mental health team faces at Prof. HB. Saanin Padang Mental Hospital. The results of the study found that; 1) The role of the mental health expert team is important to help investigators determine whether the examinee is capable of being responsible or not for the criminal threat, by providing oral testimony as an expert witness and written testimony through the VeRP report. 2) The obstacles faced by the expert team in carrying out their role include: limited visum service facilities (special forensic psychiatry room and CCTV), limited number and competence of the expert team, high cost of visum, the role and understanding of investigators in requesting visum, incomplete administration, communication barriers of the tortured and the same length of treatment as ordinary patients.

2024-09-04T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26267 2024-09-04T02:31:54+00:00 Adek Puspita Dewi adek_pd@yahoo.com

Electronic civil trials are regulated in Supreme Court Regulation Number 1 of 2019 concerning Case Administration and Electronic Court Trials, as amended by Supreme Court Regulation Number 7 of 2022. Since the enactment of this regulation, civil case trials have been conducted electronically in all district courts, including the Painan District Court. This study aims to find out the practice of electronic civil case trials reviewed from the principle of fast, simple, and low cost at the Painan District Court. The method used is sociological juridical. Data were analyzed by qualitative analysis method. The results of the research are the implementation of civil case trials in the Painan district court has not been effective because there are still manual civil trials, not electronically. Obstacles in the implementation of electronic trials: cases not registered electronically, there are parties who do not agree to convene electronically, incomplete parties, internet network disruptions, maintenance system at the e-court application center server, taking copies of manual decisions. efforts of the Painan District Court carry out electronic trials: provide e-court tables, conduct socialization of Perma e-court every year, do not accept manual registration of civil cases, the panel of judges plays an active role in encouraging the parties to carry out electronic trials, contain e-court information on the official website of the Painan District Court.

2024-09-04T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26270 2024-09-04T02:42:44+00:00 Nori Susanda norisusanda07@gmail.com

The lack of optimal supervision over the use of village funds opens up opportunities for the misappropriation of these funds. However, according to Article 55 of Law No. 3 of 2024 concerning the Second Amendment to Law No. 6 of 2014 on Villages in conjunction with Article 31 of Minister of Home Affairs Regulation No. 110 of 2016 on Village Consultative Bodies, the Village Consultative Body (BPD) has been mandated to oversee the administration of village governance. The issues examined in this study include: How can the supervisory role of the Village Consultative Body be optimized in overseeing village governance to achieve good governance in Natal District, North Sumatra Province? What are the obstacles and efforts made to achieve effective supervision to realize good governance in Natal District, North Sumatra Province? This research uses a socio-legal method. The research sample includes the heads of BPD Pasar III Natal and Pasar V Natal. Data were collected through field research and literature studies. The data were analyzed qualitatively and presented descriptively. Based on the research results, it can be concluded that the supervisory role of the BPD in overseeing village governance in Natal District, North Sumatra Province, has not yet been optimally implemented. The obstacles encountered include: (1) Limited facilities and infrastructure, (2) Insufficient budget, (3) Inadequate human resource capabilities, (4) Lack of standard operating procedures (SOPs). The efforts made include: increasing the provision of facilities and infrastructure, increasing operational budgets, improving human resource competencies, issuing warnings on governance reports, drafting supervisory SOPs, building cooperation, and providing complaint mechanisms.

2024-09-04T00:00:00+00:00 Copyright (c) 2024 https://ejurnal.bunghatta.ac.id/index.php/JFH/article/view/26771 2024-09-06T07:06:37+00:00 Yoga Pratama Alpaki yogapratamaalpaki01@gmail.com

Sertifikat merupakan bukti hak tertinggi diatur dalam Pasal 20 ayat (1) UUPA bahwa hak milik adalah hak turun temurun, terkuat dan terpenuh. Rumusan permasalahan 1) Bagaimanakah status hukum SHM yang berada dalam kawasan HPK berdasarkan Peraturan Perundang-Undangan di Indonesia? 2) Bagaimanakah pertanggung jawaban hukum oleh negara terhadap SHM yang berada dalam Kawasan HPK berdasarkan Peraturan Perundang-Undangan di Indonesia? 3) Bagaimanakah cara pelepasan kawasan HPK terhadap tanah yang telah bersertifikat berdasarkan Peraturan Perundang-Undangan di Indonesia? Jenis penelitian adalah hukum normatif dengan pendekatan perundang-undangan dan pendekatan konseptual. Sumber bahan hukum meliputi bahan hukum primer, sekunder dan tersier. Teknik pengumpulan bahan hukum adalah studi dokumen. Bahan hukum dianalisis secara kualitatif. Kesimpulan 1) SHM dan SK.903.MENLHK/SETJEN/PLA.2/12/2016 sama-sama merupakan produk TUN mengatur objek yang sama, yang sama-sama diakui oleh negara, sehingga adanya aturan tumpang tindih yang menimbulkan ketidakpastian hukum 2) Belum adanya penerbitan regulasi pergantian kerugian bidang tanah yang bersertifikat hak milik sebagai bentuk tanggung jawab negara terhadap pemegang hak 3) Cara pelepasan Kawasan HPK terhadap tanah yang telah bersertifikat bisa ditempuh melalui beberapa peraturan yaitu Pepres Nomor 88 Tahun 2017, Permen LHK Nomor P.51/Menlhk/Setjen/KUM.1/6/2016 dan UU Nomor 6 Tahun 2023 tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 tentang Cipta Kerja.

2024-09-06T00:00:00+00:00 Copyright (c) 2024