Online ISSN: 2515-8260

Author : Arisaputra, Muhammad Ilham

Criminalization Of Same-Sex Intercourse In Indonesia

Muhammad Ashri; Hijrah Adhyanti Mirzana; Muh. Aswan; Eka Merdekawati; Muhammad Ilham Arisaputra

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 1139-1146

Criminalization policy becomes a State’s authority that is exercised before conducting authority to determine criminal sanctions for prohibited acts. To study whether or not same-sex intercourse by fellow adults to be criminalized, the basis of study is approaches used in criminalization policies that are value and policy approaches. In this case, a value approach is a value of communities’ decency and the philosophy adopted by the State which will criminalize the act. While, a policy approach are done by considering the costs or burdens borne by the community with the results to be achieved. The purpose to criminalize obscene, gay, and homosexual acts as well as other forms of same-sex intercourse is to protect the community, in this case public order in moral conduct because such actions are not in accordance with the values of Pancasila and the customs of the Indonesian people that adhere to religio-magical.

Omnibus Law Of State And Regional-Owned Asset Management Licensing

Kasman Abdullah; Abdul Razak; Zulkifli Aspan; Ahsan Yunus; Muhammad Ilham Arisaputra

European Journal of Molecular & Clinical Medicine, 2020, Volume 7, Issue 7, Pages 6894-6899

This article to analyze the concept of the Omnibus Law of State and Regional-Owned Asset Management Licensing. It is started by review the simplification of licensing regulations for the management of State or regional-owned assets. This study is a normative-legal research by using statute and conceptual approaches. Data were analyzed with descriptive qualitative analysis with content analysis. In this study, the authors used the qualitative research method, which (in general) generates words rather than numbers for analysis. The results show that Effort to simplify the concept of licensing through the omnibus law is need to be done in the management of State assets both State and regional assets, because in principle, a license is an instrument to guarantee legal certainty, certainty of rights and instruments of control. Licensing becomes as a requirement in granting rights on management or utilization of land controlled by the State, in other words, management rights on land controlled by the State existing due to the license. In a democratic rule of law, the license process must pay attention to the rights of citizens in democratic life. One of them is the application of the omnibus law for State and regional-owned asset management.