Implementasi Tanggung Jawab Negara Terhadap Pelanggaran HAM Berat Paniai Perspektif Teori Efektivitas Hukum Soerjono Soekanto

Huda, Muhammad MIftahul; Suwandi, Suwandi; Rofiq, Aunur

doi:10.14421/inright.v11i1.2591

Cited by 4 publications

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“…Basically, the payment of excise duty on cigarettes fulfills the requirements to secure the state's rights attached to cigarettes, so that the circulation of cigarettes in society can be approved. The way to pay off excise on cigarettes that are owed the imposition of excise, is done by attaching excise tape (Huda et al, 2022). Payment of excise by affixing excise stamps is carried out by attaching the excise stamps properly and should be in accordance with the applicable laws and regulations.…”

Section: Resultsmentioning

confidence: 99%

Implementation of the Tax Law on the Imposition of Tobacco Products Tax in the Bintan Free Trade Zone

Fadian,

Isnaini,

Ramadhan

2023

ajosh

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This research was conducted to determine how the regulation and application of the law on the imposition of cigarette excise in the Bintan FTZ (Free Trade Zone) and how the Tanjungpinang Customs Office oversees the circulation of illegal cigarettes in the Bintan FTZ. This research is empirical juridical research with a descriptive nature. It is known that the legal arrangements regarding the imposition of cigarette excise at FTZ Bintan refer to Law Number 39 of 2007, Law Number 36 of 2000 as last amended by Law Number 44 of 2007, PP Number 41 of 2021, and Ministerial Regulation Finance Number 34/PMK.04/2021. The application of this law can be seen from the substance of the law, where the law on the imposition of cigarette excise in the Bintan FTZ is subject to cigarette excise. From the legal structure, law enforcement overseeing illegal cigarette distribution in the Bintan FTZ consists of Customs, TNI, Polri, the Attorney General's Office, the Judiciary, and the Civil Service Police Unit as supporters. In terms of legal culture, the decline in the results of controlling illegal cigarettes in the Bintan FTZ shows that the level of public trust in the provisions of the Excise Law has begun to increase. Supervision carried out by Tanjungpinang Customs and Excise is carried out in 2 (two) ways, namely preventive and repressive.

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Section: Resultsmentioning

confidence: 99%

Implementation of the Tax Law on the Imposition of Tobacco Products Tax in the Bintan Free Trade Zone

Fadian,

Isnaini,

Ramadhan

2023

ajosh

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“…But if you consider the timing of events and the length of the time of human rights violations, then the court path is a heavy process. Huda et al (2022) in their research also mentioned that in the handling of investigators and investigators of serious human rights violations cases written in Law No. 26/2000 on the human rights courts, namely the National Commission on Human Rights and the Supreme Prosecutor's Office, it is not an easy thing if the various positions and roles instead create ambiguity that results in differences of view in the investigation (Huda, 2022).…”

Section: Discussionmentioning

confidence: 99%

“…Huda et al (2022) in their research also mentioned that in the handling of investigators and investigators of serious human rights violations cases written in Law No. 26/2000 on the human rights courts, namely the National Commission on Human Rights and the Supreme Prosecutor's Office, it is not an easy thing if the various positions and roles instead create ambiguity that results in differences of view in the investigation (Huda, 2022). So, these differences of opinion are obstacles and cause the investigation process to be less effective.…”

Section: Discussionmentioning

confidence: 99%

“…Therefore, this article is trying to find out whether the National Commission on Human Rights's handling of Paniai's serious human rights case can be said to have been performed to the maximum. As far as it is known, there have been previous studies related to human rights violations in Papua by Huda et al (2022). However, there has been no in-depth discussion of serious human rights violations or the role of the National Commission on Human Rights in the investigation of Paniai's serious humanitarian case.…”

Section: Introductionmentioning

confidence: 99%

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Efforts of the Government and the National Commission on Human Rights in Dealing with the Paniai Case: Problems of the Unfinished Grassroots

Hutahaean,

De Fretes,

Hadiwijoyo

2024

Politicos

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This article discusses the roles of the government and the National Commission on Human Rights (Komnas HAM) in handling severe human rights violation cases in Paniai, Papua. The purpose of this article is to determine whether the National Commission on Human Rights handled the severe human rights violations in Paniai optimally. The article employs a qualitative research method as a research procedure that generates descriptive data in the form of written or oral words from individuals or things observed. For gathering information, interviews were used along with different types of literature, like journals, to look at the steps that the National Commission on Human Rights took and news stories from different media outlets about how they dealt with serious human rights violations in Paniai. This article uses the theory of institutional and institutional roles to examine the roles played by the National Commission on Human Rights. The research findings indicate that handling the severe human rights violation cases in Paniai creates problematic situations between the government and civilians. First, the National Commission on Human Rights attempts to adapt to external and social expectations. Second, the formation of an order between the majority and minority in the uniformity pattern of witness elements during the investigation stage conducted by the Attorney General. Other challenges include the back-and-forth return of investigation files, which hinders the process of handling the Paniai case by the National Commission on Human Rights.

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The Nature of The Role of State Attorney Prosecutors in Legal Assistance in the Civil and State Administrative Fields

Syamsu,

Rahman,

Nawi

et al. 2024

RGSA

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Objective: This research aims to find out, analyse and discover the nature of the role of the State Attorney in legal assistance in the field of Civil and State Administration, assess the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration, and identify factors that affect the effectiveness of the role of the State Attorney in legal assistance in the field of Civil and State Administration. Theoretical Framework: The theoretical framework used in this research combines normative legal research and sociological legal research. Normative legal research analyses regulations and laws governing the role and function of the State Attorney, while sociological legal research assesses how these regulations are applied and perceived in practice by the public and related institutions. Method: The type of research conducted is descriptive, using a mixed approach between normative and sociological legal research. Data was collected through the study of legal documents, interviews with State Attorneys, and field observations at various agencies related to the Civil and State Administrative fields. Results and Discussion: The State Attorney plays a role in representing the legal interests of the state, government, BUMN/BUMD, and the community through legal assistance, law enforcement, legal considerations, services, and other legal actions. However, its role in resolving legal disputes in the civil and state administrative fields is still less effective, both through litigation and non-litigation channels, which are influenced by the substance of the law, human resources of the apparatus, facilities and infrastructure, public legal awareness, and legal culture. Research Implications: The practical and theoretical implications of this research are discussed, providing insights into how the results can be applied or influence practices in the field of [insert field of study]. These implications could encompass [list impacted areas or sectors]. Originality/Value: The essence of the role of the State Attorney is to represent the legal interests of the state, government, BUMN / BUMD, and the community through various forms of legal assistance and action, but the effectiveness of its role in resolving legal disputes in the fields of Civil and State Administration is still less than optimal, influenced by legal substance, human resources, facilities and infrastructure, public legal awareness, and legal culture.

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Implementasi Tanggung Jawab Negara Terhadap Pelanggaran HAM Berat Paniai Perspektif Teori Efektivitas Hukum Soerjono Soekanto

Cited by 4 publications

References 0 publications

Implementation of the Tax Law on the Imposition of Tobacco Products Tax in the Bintan Free Trade Zone

Implementation of the Tax Law on the Imposition of Tobacco Products Tax in the Bintan Free Trade Zone

Efforts of the Government and the National Commission on Human Rights in Dealing with the Paniai Case: Problems of the Unfinished Grassroots

The Nature of The Role of State Attorney Prosecutors in Legal Assistance in the Civil and State Administrative Fields

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