Hakim: Jurnal Ilmu Hukum dan Sosial

Perlindungan Hukum Dalam Konsep Negara Kepulauan (Archipelago State) Terhadap Batas-Batas Wilayah Secara Hukum Internasional

2024-01-16T09:46:43+08:00

The concept of Indonesia as an archipelago state was recognized by the world after the United Nations Convention on the Law of the Sea (UNCLOS) was ratified on December 10, 1982, and Indonesia has ratified it with Law Number 17 of 1985. The recognition of Indonesia as an archipelagic state is a great gift for the Indonesian people because jurisdictional waters cover 2/3 of the entire area of the country. The water area becomes one unit with the land. Indonesia is an archipelago that stretches from Sabang to Merauke. The theory used in this research is the theory of legal protection. The theory of legal protection is very relevant to the research made here, because there needs to be legal protection regarding territorial boundaries for Indonesia as an archipelagic state. The research method used regarding the protection of international law in the concept of an archipelago state against international legal boundaries is carried out by means of qualitative descriptive research. The data collection technique or instrument used is library research by studying various books as literature, official documents, laws and regulations, results of previous research, and other literature sources related to the problems studied. Indonesia is a country with the largest number of islands in the world. The 1945 Constitution stipulates that Indonesia is an archipelagic country, namely a country that has many islands, namely 17,480 islands with a coastline length of 95,181 km. The Unitary Republic of Indonesia is an archipelago with the largest number of islands in the world and has abundant wealth, including those contained in its outer islands.

Analisis Pencemaran Lingkungan pada Sungai Ciujung Serang Banten Berdasarkan Undang-Undang Nomor 18 Tahun 2008

2024-01-26T07:24:49+08:00

Waste is a global issue. Increased waste can cause problems forrthe environment. The main cause of the increase in waste is the household sector. The problem of research into the causes off water pollution in the Ciujung Serang Banten river. This research aims to find out the causes of water pollution in the Ciujung Serang Banten river. This research uses a descriptive analytical approach to describe statutory regulations. The results obtained are not entirely determined by three variables, namely quality, benefits and obligations. Contamination caused by waste resultss in a decrease in water qualityy. Research results can provide information as a basis for consideration, support and ideas for the community to improve environmental sustainability.

Analisis Prespektif Hukum Terhadap Permohonan Pengesahan Nikah Poligami Sirri

2024-01-28T18:35:18+08:00

The act of marriage due to infidelity that is not officially registered can lead to legal issues, including marriages that are not illegal but not properly registered, marriages that are not fully in accordance with the law, and marriages that violate the law and religious beliefs. The main legal issue arising from this phenomenon is that, according to Article 4 and 9 of the Marriage Law, a man who wants to have more than one wife must apply to the court for permission. The implementation of isbat nikah for secret polygamy has its advantages and disadvantages. Researchers used qualitative descriptive research analysis with normative juridical research methodology. The research findings indicate that, in a positive light, practitioners of secret polygamy can obtain a marriage certificate and are obliged to obtain legal protection for their marriage, which can improve their social status, change their lineage status, and give them legal claims to joint property and inheritance. However, on the negative side, if secret polygamy is approved, it implies that individuals who have violated the law are forgiven and justified, and the regulations governing polygamy requirements are emphasized in terms of value. As a result, the Supreme Court no longer approves secret polygamous marriages based on SEMA No. 3/2018.

Deportasi Terhadap Warga Amerika Serikat Penduduk Chagossia Ditinjau dari Persepektif Hukum Pidana Internasional

2024-02-01T03:27:25+08:00

This journal article was created with the aim of knowing the conditions and how the deportation carried out by the United States against the population of Chagossia will be viewed from the perspective of International Criminal Law, then what is the perspective of International Criminal Law in the case of the United States' deportation of the population of Chagossia. In fact, deportation itself is widely known to the public, at least to certain groups of people, especially legal experts. It is written in article 1 number 36 in Law no. 6 of 2011 concerning Immigration, which essentially refers to deportation, is a forced action to remove a foreigner from the territory of a country for the reason that the foreigner is not wanted in its territory by the country concerned.

Penerapan Peraturan Wali Kota Surakarta Nomor 16 Tahun 2020 Terhadap Inovasi Layanan Publik Bidang Perizinan Usaha

2024-02-02T08:36:09+08:00

The government as a state administrator is obliged to provide services to the community by providing various information, facilities, and infrastructure to create responsive, solution and efficient public services. One of the ways this is realized is through the establishment of Public Service Malls (MPP). This research aims to find out how the Mayor's Regulation Number 16 of 2020 is implemented on public services in the field of business licensing in Surakarta through the One Stop Integrated Service (ONIS) model and what obstacles and efforts are made in innovating public services in the field of business licensing in improving service quality. in Surakarta. The research method used is empirical and uses a qualitative approach. In the Surakarta Public Service Mall DPMPTSP there are still obtacles, namely centralization of the OSS-RBA system by the center, lack of outreach to the community, and a lack of Human Resources (HR). DPMPTSP has also made efforts to overcome these obstacles, starting from holdingtraining, workshop, to the passivation of OSS-RBA socialization.

Tindak Kejahatan Genosida Oleh Myanmar Kepada Etnis Rohingya Ditinjau Dari Perspektif Hukum Pidana Internasional

2024-02-05T01:12:08+08:00

The crime of genocide, which is the extermination of a group or cultural background, as well as criminal acts against political groups that are difficult to identify or know, can cause international problems in a country. The crime of genocide under International Criminal Law is considered an extraordinary act and is prohibited. This research uses normative legal research. Information is obtained through literature study, which includes materials such as books, magazines, papers, journals, articles and international agreements. This research aims to determine the factors causing the crime of genocide experienced by the Rohingya ethnic group in Myanmar when viewed from the perspective of International Criminal Law and how to resolve the conflict between the Myanmar government and the Rohingya ethnic group when viewed from the perspective of International Criminal Law. The research results stated that the main cause of the crime of genocide was triggered by political interests. Differences in race, ethnicity and religion. The crime committed by the Myanmar government by the Rohingya Muslim ethnic group is an international crime of genocide, because it fulfills several basic elements, namely mass murder, discrimination against religious minorities, carried out systematically, and aimed at eliminating an ethnic group and a particular group.

Analisis Yuridis Tentang Fenomena Tirhadap Tindak Pidana Penganiayaan Mengakibatkan Luka Berat Yang Dilkukan Penagih Hutang

2024-02-05T06:42:31+08:00

Offense description is one of the areas of criminal law. Torture under the Criminal Code is generally defined as a criminal act against the body. All criminal acts regulated in the Criminal Code also have criminal threats specified. Likewise with interpretation offenses and murder offenses. The criminal penalties for these two offenses refer to the Criminal Code book I chapter II concerning crimes, especially in article 10. As for the means, in examining and proving the Public Prosecutor's accusations, the Panel of Judges must be more careful in giving considerations and concluding a criminal act. So that acts of fraud can truly provide fair decisions and not harm or benefit anyone so that acts of forgiveness receive sanctions in accordance with the applicable laws and regulations.

Kesesuaian Penjatuhan Pidana Denda Dengan Undang-Undang Nomor 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak Dalam Tindak Pidana Persetubuhan Oleh Anak

2024-02-05T07:33:36+08:00

The aim of writing this article is to analyze the suitability of the imposition of fines by the panel of judges on children for the crime of sexual intercourse in the Karanganyar District Court decision Number 4/Pid.Sus-Anak/2023/PN.Krg with the Juvenile Criminal Justice System Law, especially in article 71 Paragraph (3) . The type of research used is normative with the nature of perspective research, while the approaches used are a case approach and a statutory approach. The results of this research are that the imposition of fines by judges is not in accordance with the Juvenile Criminal Justice System Law which clearly states that fines are replaced with job training.

Hukum Pidana Internasional Sebagai Hukum Global: Penilaian Pengadilan Hybrid Tribunals

2024-02-05T07:14:15+08:00

This is jurnal focuses on the areas of international criminal law where the influence of global law is most evident, ie. hybrid or international criminal courts. Since many of these courts have closed their doors or advanced in the process, the time is ripe for a preliminary assessment. In addition, the future needs and viability of hybrid courts and crimes under the jurisdiction of the International Criminal Court (ICC) are assessed.

Nominee Agreement dalam Pengalihan Kepemilikan Saham Perseroan Terbatas Ditinjau dari Aspek Hukum Perjanjian dan Hukum Perseroan Terbatas

2024-02-05T14:02:30+08:00

Nominee agreement as development of agreement is an implementation of the unnamed agreement (innominaat) regulated in Article 1319 of the Civil Code. The existence of this agreement in Indonesia does not constitute a form of agreement that violates the provisions of contract law even though it has not been regulated expressly and specifically. However, if the agreement is made in conflict with or not in accordance with the provisions of the laws in force in Indonesia, then this would cause legal problems. This research method was carried out using a normative juridical approach with descriptive analytical research specifications. The results of this research show that the position of the nominee agreement in the transfer of share ownership is null and void. By making the agreement null and void, it returns the parties to their original state and has implications for the company.

Analisis Perjanjian Jual Beli Tanah Yang Berstatus Dijaminkan Kepada Pihak Ketiga Menurut Peraturan Perundang-Undangan Terkait

2024-02-05T14:12:58+08:00

Sale and purchase of land agreement is a legal act that involves two provisions, which are the provisions of agreement law and the provisions of agrarian law.. Sale and purchase of land agreement can’t be made privately and might cause disputes in the future. This dispute can cause losses for certain parties so that legal action is needed. The purpose of this research is to understand and examine the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties and the legal action that can be taken by the land buyer as the disadvantaged party because of the transfer of land and/or building rights through sale and purchase agreement related to its status that is guaranteed to third parties. The research uses a normative juridical approach method with analytical descriptive research specifications. Data collection technique in this research is obtained through literature study which was then analyzed using qualitative juridicial method. The analysis shows that the validity of the transfer of land rights through sale and purchase agreement related to its status that is guaranteed to third parties is invalid. That situation violates the legal terms of the agreement which results in the agreement being null and void. The land buyer as the party who is disadvantaged by these actions can file a legal act which is a civil lawsuit. The existence of a court judgement is a form of legal certainty for the parties in dispute to obtain their rights.

Fungsi Lembaga Adat Du’a Mo’an Watu Pitu dalam Penyelesaian Kejahatan Perkosaan terhadap Anak dalam Masyarakat Adat Sikka

2024-02-09T12:39:00+08:00

The purpose of this research is to analyze the function of the Du'a Mo'an Watu Pitu Customary institution in resolving crimes of rape against children in Sikka Customary society. This research method is empirical juridical. The writing approach is Juridical Sociological, with the writing location at the Customary Institution Du'a Mo'an Watu Pitu, Nangatobong Village, Waigete Sub-district, Sikka Regency. The aspects studied are to find out the supporting factors and how the process of solving the crime of rape in traditional institutions. The data collected are direct interview to the customary leader and also documentation studies in the form of scientific papers and journals to support the writing process. The results of this study are that indigenous peoples tend to choose customary institutions because these institutions are a forum that allows them to maintain their cultural identity and customary values inherited by their ancestors, namely honest customs, The settlement process is with the report of the community's family to the Chairperson of the Du'a Mo'an Watu Pitu Customary Institution in Nangatobong Village, summoning the parties by the Customary institution, the Naruk and Pla Pina process (Customary Case Title), the process of determining sanctions based on the type of rape, signing the minutes of the perpetrator's party has the obligation to carry out "Tua Wawi Ata Riwun".

Kedudukan Tu’a Teno Gendang Curu terhadap Peralihan Hak Ulayat atas Tanah Lingko (Tanah Ulayat) menjadi Hak Privat

2024-02-09T13:11:52+08:00

The purpose of this research is to determine the position of Tu’a Teno Gendang Curu regarding the transition of indigenous land rights over Tanah Lingko (Customary Land) to private ownership and to understand the legal consequences of the transfer of indigenous land rights over Lingko (Customary Land) to private ownership. This study is an empirical legal research that employs an approach involving interviews as the primary source of data and literature review, including books, regulations, and other scholarly writings related to this research. The conclusions drawn from this research include, firstly, the division of Gendang Curu's Lingko marks the beginning of the transfer of rights over customary land. In a broader context, this division reflects customary legal actions in jointly managing land resources. However, in a more specific context, the division of Lingko also signifies the individual management of land for collective purposes, where the control over the managed land becomes an individual right. The transfer of customary rights is considered a preliminary step towards privatizing land rights, acknowledged by Gendang Curu's customary law through the sanctioned division of Lingko by Tu’a Teno. Secondly, the transfer of indigenous land rights over Lingko to private ownership by Tu’a Teno Gendang Curu weakens indigenous rights and strengthens individual rights. This opens up opportunities for various legal actions such as land transactions, donations, and inheritance, culminating in land registration to ensure legal certainty. However, the consequence of this process is the loss of Tu’a Teno's position and role as the manager of customary land. Tu’a Teno will only serve as a witness in case of land disputes.

Kajian Yuridis Perkawinan Adat Cako pada Masyarakat Hukum Adat Desa Cumbi Kabupaten Manggarai Ditinjau dari Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan

2024-02-09T13:36:03+08:00

The aim of this research is to determine the factors that drive the people in Cumbi Village, Manggarai Regency, to perform Cako customary marriages, to understand the process of Cako customary marriage in the traditional community of Cumbi Village, and to ascertain the validity of Cako customary marriages in the customary law of Cumbi Village, Manggarai Regency, in accordance with Law Number 1 of 1974 concerning Marriage. This study is an empirical legal research using an approach involving interviews as primary data sources and literature reviews, including books, regulations, and other scholarly writings related to the research. The conclusions of this study include, among others: Firstly, Cako customary marriages conducted in Cumbi Village are motivated by several factors, such as strengthening family ties, arranged by parents, preventing inheritance from shifting or dividing along other bloodlines, proximity of residence, lighter financial burden (belis), and preserving the Manggarai culture, as Cako customary marriages are part of Manggarai culture. Secondly, the procedure for Cako customary marriage in Cumbi Village begins with the Kamba Lembor Cako ceremony. The Cako marriage procedure is then followed by the courtship or weda rewa tuke mbaru stage. Subsequently, the event continues with the implementation of the marriage or cikat kina waga kaba. The last procedure is the escorting of the bride to the groom's house. Thirdly, Cako customary marriages in Cumbi Village can still be conducted in accordance with the customary law of Cumbi Village as long as they do not contradict positive law. Additionally, the Catholic Church, by providing dispensations for couples with blood relationship hindrances, can be a way for Cako customary marriages to be legally valid both religiously and according to positive legal regulations.

Kedudukan Hukum Menteri Triumvirat dalam Sistem Ketatanegaraan Republik Indonesia

2024-02-09T14:04:34+08:00

The purpose of this study is to analyze the legal position of the Minister of Ttriumvirat in the Constitutional system of the Republic of Indonesia. This research method is normative law (library research), this research examines legal materials, books, and laws and regulations that are closely related to the legal issues studied. The results showed that the legal position of the triumvirate minister as the executor of the Presidential duties in the constitutional system of the Republic of Indonesia is specifically regulated in the constitution of the Republic of Indonesia, namely contained in article 8 paragraph 3 and also in the hierarchy of laws and regulations in MPR Decree Number VII / MPR / 1973, precisely article 5 as the basis for legitimacy and recommendations in terms of filling the vacancy of the office of president and vice president. The basis for considering the Triumvirate Minister as the executor of Presidential duties if the president and / or vice president quits in the middle of his term of office is because they are considered to understand the course of government and have responsibility for foreign policy, domestic government, and national defense.

Kewenangan Berhak dan Kewenangan Bertindak Menurut Hukum Perdata Suatu Kajian Normatif

2024-02-09T14:21:37+08:00

The aim of this research is to find out the concepts of entitled authority and acting authority in civil law as well as the relevance and implications of regulating entitled authority and acting authority in civil law practice. The type of research used by the author is Normative Law research, the type of data used in this research is qualitative data. The data used in research is based on the relevance of the source data, namely primary and secondary data. The results of this research are that the results of the research show that Rightful Authority is defined as the authority of an individual or a legal entity to carry out a legal act in a community's social life which is considered valid because it constitutes his or her essence as a human being or individual or as a legal entity while the Authority to Act is defined as Special authority. The special authority referred to is authority that only applies to certain people and for certain legal actions, whereas the relevance and implications show that there is no relevance in regulating the authority to have rights and the authority to act in civil law. This is shown by cases that frequently occur. for example, early marriage.

Analisis Yuridis Kepemilikan Hak Atas Tanah Ulayat Berdasarkan Putusan Perkara Perdata Nomor: 13/Pdt.G/2021/Pn End

2024-02-12T01:42:49+08:00

The purpose of this study is to analyze the juridical ownership of customary land rights based on the decision of civil case Number: 13/Pdt.G/2021/Pn End. The type of research used by the author is Normative Legal research. The sources of legal materials used in this research are primary, secondary and tertiary legal materials. The method of processing legal materials through 4 (four) stages, namely identification of legal materials, inventory of legal materials, verification of legal materials and interpretation of legal materials which are then analyzed descriptively qualitatively. Based on the research results, the Plaintiff was unable to prove that the disputed object was his property and vice versa the Defendants were unable to prove that the disputed object was customary land belonging to the Kila Da Tribe. This is because there are inconsistencies regarding the structure, hierarchy, and mechanism of worship in the Customary Law Community that differ in the evidence of the Plaintiff and the Defendants. The Plaintiffs and Defendants were also unable to prove recognition by executive agencies regarding ownership of the disputed object. In addition, the Plaintiff was unable to prove that he was a legitimate heir as stipulated in Article 832 of the Civil Code. Likewise, the Defendants were unable to prove that they were the legitimate heirs of Kila Da from Wednesday Kila's descendants. The author argues that the consideration of the Panel of Judges in giving a decision in this case was correct, by rejecting the Plaintiff's claim in its entirety. Because all the arguments of the lawsuit regarding ownership of rights to customary land, cannot be proven by the Plaintiff.

Perlindungan Hukum Pemilik Benda Gadai Yang Bendanya Dijadikan Objek Gadai Oleh Orang Lain Tanpa Persetujuannya

2024-02-13T06:36:03+08:00

Basically, the only person who can pawn an object is the owner of the object, but now incidents have become widespread where other people pawn objects that do not belong to them without the consent of the owner of the object. In this case, the owner of the object can file a lawsuit for revindication when the object is taken by someone else. However, Article 1977 paragraph (1) BW states that whoever controls a movable object is considered the owner. Given these legal problems, this research wants to examine the legal protection of owners of pawned objects whose objects are used as pawn objects by other people without their consent. This research aims to analyze the applicability of the Nemo Plus Juris Transferre Potest Quam Ipse Habet principle as a basis for encumbrances on pledged objects without the consent of the owner of the object as well as legal protection for the owner of the object and the recipient of the pledge when the object is used as an object of pawn by another person without the knowledge of the owner of the object. The research method used in this research is normative legal research using a statutory approach and a conceptual approach. This research uses primary and secondary legal sources by collecting through literature studies which are then analyzed using descriptive analytical methods. The results of the research are that the agreement made by the pawnbroker and the debtor who is not the owner of the object is valid because the validity of the pledge is determined by handing over the pawned object to the creditor and the creditor cannot be blamed if he receives an unregistered movable object in good faith.

Efektivitas Pelaksanaan Pengawasan Oleh Dinas Lingkungan Hidup (DLH) Kabupaten Boyolali Terhadap Industri Berisiko Tinggi

2024-02-21T06:39:54+08:00

Supervision is one of the systematic activities of environmental management. In the latest provision, environmental management supervision is regulated in the Ciptaker Law and several government regulations regarding risk-based business licensing. This also has implications for environmental management efforts in businesses and / or industrial activities, especially those with a high level of risk, which requires environmental approval as one of the components of the permit. Based on this, the formulation in this study is how effective the implementation of DLH supervision on industries that have a high level of risk in Boyolali Regency. This Legal Research uses empirical methods with a descriptive approach and data collection techniques with interviews. Based on the results of the study, it was found that many high-level industries in Boyolali Regency do not yet have an AMDAL as an environmental approval document as stipulated in laws and regulations. Of course, this is a problem because it is contrary to laws and regulations which are also a benchmark for the lack of effective supervision carried out by DLH. The lack of effective supervision by DLH is due to several inhibiting factors such as the lack of PPLHD and the lack of compliance of those in charge of industrial activities. However, in addition to these obstacles, several efforts have also been made to improve the effectiveness of supervision.

Perlindungan Hukum Terhadap Anak Penyandang Disabilitas Korban Pemerkosaan

2024-02-23T09:14:54+08:00

Disabilitas merupakan orang yang mengalami kesulitan untuk berinteraksi dan berpartisipasi secara penuh dan efektif di tengah masyarakat dalam waktu yang lama. disabilitas memiliki hak dan kewajiban serta perlindungan yang sama dengan masyarakat lainnya. Seringkali anak penyandang disabilitas menjadi korban kejahatan pemerkosaan mereka dianggap tidak berdaya sering kali digunakan oleh pelaku tindak pidana untuk melampiaskan niat jahatnya terlebih lagi penyandang disabilitas seorang anak karena Anak sebagai makhluk yang lemah. Maka itu diperlukan perlindungan khusus bagi penyandang disabilitas yaitu Undang-Undang nomor 08 tahun 2016 tentang Penyandang Disabilitas, Undang-Undang nomor 35 tahun 2014 tentang Perlindungan anak, dan Undang-Undang Nomor 19 Tahun 2011 tentang Konvensi Mengenai Hak-Hak Penyandang Disabilitas.

Penggunaan Dana Desa Berdasarkan Undang-Undang Nomor 6 Tahun 2014 tentang Desa, di Desa Mandungo dan Desa Denduka, Kecamatan Wewewa Selatan, Kabupaten Sumba Barat Daya

2024-03-08T09:20:49+08:00

Law No. 6/2014 provides a legal basis for the allocation of village funds in Indonesia with the aim of improving the welfare of rural communities through infrastructure development, local economic empowerment, and improved quality of life. However, the use of village funds is often in the spotlight due to potential misuse, lack of transparency, and low accountability. This research aims to find out how far the village government functions and the obstacles in the use of village funds based on Law No. 6 of 2014 in Mandungo Village and Denduka Village, South Wewewa District, Southwest Sumba Regency. This research method uses a qualitative approach with data collection techniques through interviews, observation, and document analysis. The results showed that although both villages have relatively complete government structures in accordance with the Village Law, the functions of village government have not been fully optimized. Some village government functions, such as the preparation of village regulations, financial management, and public services still face significant challenges. In addition, barriers to the use of village funds were also found, including a lack of transparency, a lack of administrative capacity, and a lack of community understanding of village fund allocations. This study concludes that despite the existence of regulations governing village governance functions and the management of village funds, their implementation still faces significant challenges.

Tinjauan Kriminologi Terhadap Pelaku Penipuan Jual Beli Album K-Pop

2024-03-10T13:44:50+08:00

The increase in K-Pop fans in Indonesia affects the high number of sales and purchases of K-Pop albums, which is an opportunity for irresponsible people to commit fraud. Provisions regarding online fraud are regulated in Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. The purpose of this article is to examine criminology related to the factors that cause perpetrators to commit fraud in buying and selling K-Pop albums and efforts to overcome criminal acts of fraud on social media. Countermeasures related to fraud in buying and selling K-Pop albums are in the form of preventive efforts and repressive efforts. The research methodology used in this article is secondary data sources followed by primary data sources. Secondary data sources are obtained through literature studies, while primary data sources are obtained through interviews and observations.

Analisis Penetapan Itsbat Nikah Terhadap Pasangan Perkawinan Siri Dan Kepastian Hukum Pada Anak

2024-03-25T08:44:32+08:00

This research intends to describe and examine the issue of the appropriateness of the judge's consideration in determining the marriage Isbat for unregistered marriage couples and legal certainty for children after and before the determination of the marriage Isbat which is linked to Positive Law in Indonesia. The types of data used in this research are primary and secondary data, which includes primary, secondary and tertiary legal materials. Data was collected through literature research and field studies, and the research method applied was a qualitative method and the results were presented descriptively. The results of the resulting observations show that the appropriateness of the judge's considerations in determining the marriage isbat for unregistered marriage couples to Indonesian positive law at the Boyolali Religious Court is in accordance with positive legal regulations in Indonesia including the Compilation of Islamic Law and Law Number 1 of 1974. guarantee of legal certainty to married couples regarding the validity of their marriage as well as ensuring that the status and rights of children are fulfilled. After a decision is made by the judge, the legal certainty of the husband and wife and the status of their children becomes valid in the eyes of Indonesian law and the decision from the Religious Court can be utilized. as it should be.

Perlindungan Hukum Jasa Kurir Jual Beli Online dalam Sistem Layanan Cash on Delivery

2024-03-12T07:08:09+08:00

The issue of online shopping with the COD service is closely related to consumers' desire to avoid fraud in online transactions. Consequently, consumers always wish to inspect their ordered items before making payment, even though COD terms prohibit buyers from opening orders before payment. This situation leads to various problems, such as buyers making complaints to couriers using unlawful methods like threats, insults, extortion, and the like. These actions are directed towards couriers who are unaware of the regulations governing online shopping transactions between buyers and sellers. In some cases, social media reports often express these complaints by attacking couriers personally, ranging from insults to threats involving sharp weapons. This research aims to understand and analyze the criminal law regulations that provide legal protection for courier services. Additionally, it seeks to identify efforts that can be undertaken by service provider companies to protect couriers in online buying and selling. The research adopts a normative legal research method, which examines, maintains, and develops positive legal structures using legal logic. It will also refer to existing legal materials such as legal principles, legal doctrines, regulations, and legal literature, as well as legal theories. The study focuses on addressing normative gaps in regulations that govern the protection of couriers as employees in courier service companies. An employee is defined as anyone who works and receives wages or compensation in another form. In the agreement mutually accepted, the position of a courier is established as a partner of the courier service provider/expedition company. Conducting pre-delivery checks on the condition of goods helps reduce disputes related to damage or loss. Furthermore, it is crucial to understand and recognize the rights and obligations of couriers in the cooperation agreement, especially concerning COD payments, as it is a critical aspect. Legal protection for couriers needs to be considered and possibly codified to cover specific aspects that can provide security and assurance for their rights.

Penerapan Restorative Justice Dalam Penyelesaian Tindak Pidana Penggelapan Di Kejaksaan Negeri Klaten

2024-03-14T07:33:01+08:00

This research was conducted with the aim of finding out the application and obstacles to restorative justice in resolving the crime of embezzlement at the Klaten District Prosecutor's Office. This research uses a type of juridical-empirical research, namely research by collecting data through interviews. This research uses material collection techniques through interviews and observations as well as literature study. The crime of embezzlement is one of the crimes that can be implemented by restorative justice efforts, because in general this crime is a property crime that can be restored to the goods or objects that are the object of the crime of embezzlement so that when the restoration to its original condition is fulfilled, then the criminal case is there is no need to continue the legal process. The results of this research indicate that the application of restorative justice in resolving the crime of embezzlement at the Klaten District Prosecutor's Office is guided by the Republic of Indonesia Prosecutor's Regulation Number 15 of 2020 concerning Termination of Prosecution Based on Restorative Justice. The implementation of the restorative justice process does not always run smoothly, there are several obstacles. However, this obstacle is not a serious problem so it can be overcome by the Klaten District Prosecutor's Office.

Legal Protection of Private Platform in Carrying Out the Responsibility of Maintaining User Privacy Rights

2024-03-14T07:35:03+08:00

This research focuses on examining the legal protection of Electronic System Operators (PSE) in order to be consistently responsible for maintaining the privacy rights of users from state intervention that is too much into the private sphere also interferes freedom of digital business activities. This study purposed to analyze the problem of the defects legal protection provided by the state against the private rights of User because application of surveillance state and provide solutions regarding the ideal legal protection. The Research methodology use normative legal research with statute approach and conceptual approach. This study concluded that there is a threatening regulation related to private PSE and can be categorized as a form of Surveillance state in digital business world. As a result, PSE feels dilemma between wanting to protect the privacy rights of users but being subject to administrative sanctions or injuring terms&references that formed by both for submit to the state.

Penyelesaian Tindak Pidana Penipuan Melalui Pendekatan Restorative Justice Di Kepolisian Resor Purworejo

2024-03-25T08:02:48+08:00

The aim of this research is to determine the implementation of restorative justice in resolving criminal acts of fraud at the Purworejo Police Station and to determine the obstacles experienced by investigators at the Purworejo Police Station in resolving criminal acts of fraud using a restorative justice approach. This research uses empirical legal research with a legal sociology approach. The crime of fraud is a crime against property. Losses incurred as a result of criminal acts of fraud are in the form of material, whether in the form of money or property. When the loss has been returned, punishment is no longer necessary. The process of resolving criminal acts of fraud through restorative justice at the Purworejo Police Station has been going well and is in accordance with the Republic of Indonesia State Police Regulation No. 8 of 2021. In resolving criminal acts of fraud through restorative justice at the Purworejo Resort Police, there are 2 obstacles, namely obstacles in terms of regulations and obstacles in terms of implementation

Keamanan dan Perlindungan Hukum bagi Investor Saham di Indonesia

2024-03-25T08:52:34+08:00

The Concern for investor safety is a major issue in the capital market, including the Indonesian market. With the potential for fraud and other abuse, investors need to have confidence that their investment is safe and protected by a strong legal framework. This study has the objective of analyzing how constitutional law can be used to ensure security and protection for stock investors in Indonesia and proposing the necessary reforms where appropriate. So that an understanding of constitutional law from an investor's point of view can be enhanced to navigate the complex legal landscape surrounding securities trading. The research method used is a normative juridical approach, by highlighting legislation in the realm of constitutional law protecting stock investors. This article review can provide investors with the knowledge and resources necessary to navigate the legal landscape surrounding their investment, help increase investor confidence, protect against fraud and other abuses, and promote strong and stable capital markets. With the right legal protections, investors can make informed decisions about their investments and take advantage of the many opportunities offered by Indonesia's growing economy.

Pengaturan Jenis Pekerjaan dan Jangka Waktu Pekerja/Buruh Alih Daya Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023

2024-03-26T06:06:26+08:00

The Employment Law defines employment relationships and types of work agreements in Indonesia, including fixed-term work agreements (PKWT) and indefinite-term work agreements (PKWTT). Apart from that, the discussion also includes outsourcing and the impact of the Job Creation Law, which is viewed differently by various parties, with concerns that the law benefits employers more than workers/laborers. This research uses doctrinal/normative research methods. The aim of this research is to determine the regulation of the type of work and term of outsourced workers/laborers after the enactment of Law Number 6 of 2023. Based on the research and discussions carried out, it is concluded that the Job Creation Law is still unable to provide protection and facilitate rights. - maximum outsourcing worker/labor rights. First, regarding the type of work, the enactment of the Job Creation Law officially expands the scope of types of work that can be done by outsourced workers/laborers which were initially only limited to supporting non-core business, but with the enactment of the Job Creation Law, it was expanded to core business work. . Second, currently outsourced workers/laborers can be employed using a Certain Time Work Agreement (PKWT) or an Indefinite Time Work Agreement (PKWTT) system. With the enactment of the Job Creation Law, the maximum term limit for PKWT workers, which was previously set at three years in the Manpower Law, has now been extended to five years.

Analisis Yuridis Cyber Crime Pembobolan Dana Nasabah pada Aplikasi Mobile Banking dengan Modus Pembobolan Jalur Undangan Pernikahan Palsu

2024-03-28T08:52:52+08:00

The purpose of this research is to analyze the juridical cybercrime of breaking into customer funds on mobile banking applications with the mode of breaking into fake wedding invitation lines. This research is an empirical legal research that examines all legal events that have occurred through a case approach. Retrieval is done in two ways, namely interviews and document studies. The data obtained is then presented descriptively qualitative. The results showed that the form of responsibility of the Bank to the victim can be in the form of compensation or refund but if the customer can prove that the money was lost due to the fault of the Bank. The countermeasures taken by the Bank are strengthening the mobile banking security system while the efforts of the NTT Regional Police are conducting socialization, cyber patrols, and making preventive and repressive efforts. The obstacles experienced by the NTT Regional Police are the lack of government supervision in the use of the internet, aspects of evidence, and jurisdiction, as well as the lack of public knowledge of cyber crime. Therefore, suggestions for the results of this study are Suggestions that researchers can put forward are the need for special provisions that explicitly regulate mobile banking. The government should provide legal certainty to create a clean and safe social media environment.

Perlindungan Hukum terhadap Pemegang Hak Cipta Atas Penggunaan Logo Perguruan Tinggi Universitas Teknologi Sumbawa pada Penjualan Merchandise oleh PT. Olat Maras Teknologi di Sumbawa Nusa Tenggara Barat

2024-03-30T02:00:28+08:00

The research objectives are (1) To determine the legal protection of copyright holders for the use of the Sumbawa University of Technology logo in the sale of merchandise by PT. Olat Maras Technology in Sumbawa, West Nusa Tenggara. (2) To find out the legal consequences for business actors who sell merchandise using university logos without permission. The benefit of research is to increase information to the public in general and especially to merchandise business actors, the importance of having permission to use a logo. The method used in this research is the empirical legal method. The results of the research show that: (1) Copyright law protection for the community and students at Sumbawa University of Technology is moderate, because their understanding of the existence of copyright law regarding logos is only limited to discussion and they still order merchandise even though they don't know about the legality of the use of the logo used in making it. merchandise. (2) There are legal consequences for business actors who sell merchandise using university logos without permission. These include sales restrictions and product withdrawals, termination of business activities, legal sanctions, civil lawsuits and revocation of business permits. The conclusions in this research are (1) The legal protection of the Sumbawa University of Technology in the use of copyright for making merchandise by PT Olat Maras Teknologi Sumbawa is categorized as moderate, because the students of the Sumbawa University of Technology only ask questions without considering the goods they will buy. (2) legal consequences for business actors who sell merchandise using university logos without permission, namely termination of business activities. The author's suggestion is that Sumbawa University of Technology must immediately take further action to address the issue of permission to use the university's logo on merchandise produced by PT Olat Maras Teknologi. This could include further negotiations between the College and PT Olat Maras Teknologi to regulate the legal use of the College logo.

Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah terhadap Pelaksanaan Anggaran Stunting Tahun 2021-2022 di Kabupaten Timor Tengah Selatan

2024-03-30T02:21:28+08:00

The purpose of this study is to analyze the supervisory function of the regional people's representative council on the implementation of the 2021-2022 stunting budget in South Central Timor District. The type of research used by researchers is empirical legal research. The types of data used in this research are primary data, secondary data, and tertiary data. Data collection techniques using interviews, observation, and literature/documentation studies. The population in this study includes all parties involved in the function of the South Timor Tenggah Regency Regional House of Representatives in supervising the stunting budget in South Timor Tenggah Regency, namely, the Health Office, DPRD members, and the community. The sample technique used in this study was purposive sampling. Data processing techniques through editing, coding, tabulation, and verification. The result of this study is that the Government of Indonesia is very serious in dealing with the problem of stunting in Indonesia so that the government issued several regulations in order to prevent and control stunting in Indonesia. The regulation of the supervisory function by the DPRD on the implementation of the stunting budget has not been implemented properly due to the lack of communication between the executive and the legislature.

Efektivitas Pelaksanaan Fungsi Dinas Pekerjaan Umum dan Penataan Ruang Kabupaten Sumba Timur dalam Mengelola Irigasi di Kecamatan Kambera Kabupaten Sumba Timur Berdasarkan Peraturan Pemerintah Nomor 20 Tahun 2006 tentang Irigasi

2024-03-30T02:37:21+08:00

The purpose of this study was to determine and analyze the effectiveness of the implementation of the functions of the public works and spatial planning offices in managing irrigation in Kambera District, East Sumba Regency. To determine the factors inhibiting the effectiveness of the implementation of the functions of the public works and spatial planning offices in managing irrigation in Kambera District, East Sumba Regency. The type of research used by this researcher is empris juridical method and the data is analyzed descriptively qualitative in which the focus of the research is procurement planning, implementation, supervision, and accountability of irrigation management, as well as inhibiting factors, namely research whose data is directly obtained from the research location of 13 resource persons. The results of this study indicate that the implementation of the functions of the Public Works and Spatial Planning department in irrigation management in Kambera District, East Sumba Regency, starting from planning, implementation, supervision, accountability of irrigation management that has not been done optimally. Factors inhibiting the implementation of the functions of the Public Works and Spatial Planning Office in managing irrigation in Kambera District, East Sumba Regency include: human resources of ASNs within the Public Works and Spatial Planning Office, especially the Water Resources sector which is lacking in both quality and quantity, inadequate facilities and infrastructure factors and a budget that is lacking and not in accordance with the needs.

Analisis Yurisdiksi Negara dalam Hukum Pidana Internasional terhadap Kejahatan Genosida

2024-02-05T01:29:13+08:00

The term genocide consists of two words, namely geno and cide. Genoa or genos comes from Ancient Greek which means race, nation or ethnicity. Meanwhile, cide, caedere, or cidium comes from Latin which means to kill. Literally, genocide can mean the killing of a race. This term was introduced by Raphael Lemkin in 1944, a Polish-born Jew who immigrated to America in 1930 in his book Axis Rule In Occupied Europe. So it can be interpreted that genocide is a large-scale, systematic massacre of an ethnic group or a group of ethnic groups with the intention of exterminating them. Genocide is defined as any act committed to destroy, in whole or in part, a national, ethnic, racial, or religious group, including killing members of the group, causing serious physical or mental injury to members of the group, and other acts to bring about its destruction. physical group. We need to know that after knowing the definition of genocide, we need to study the meaning of a State's jurisdiction in international law regarding the crime of genocide. The word jurisdiction (jurisdiction) comes from the word jurisdictio which comes from two words, namely juris and dicio. Juris means legal ownership or legal ownership. As for dictio, it means speech, statement, or title. Thus, judging from the origin of the word, it appears that jurisdiction is related to legal matters, ownership according to law or authority according to law. So, as we have learned, there are efforts by a State or nation to have authority according to international criminal law as concrete efforts to take responsibility for a State in preventing the crime of genocide. For example, in the case of genocide, there have been crimes committed by the Myanmar government against the Rohingya Muslim ethnic group, because they fulfilled several basic elements, namely mass murder, discrimination against religious minorities, carried out systematically, and aimed at eliminating a particular ethnicity and group.