E-ISSN: XXXX-XXXX URL: http://openjournal.unpam.ac.id/index.php/PSNH Publication Frequency:1 Tahun sekali Projustitia merupakan prosiding seminar yang diselenggarakan oleh Program Studi Ilmu Hukum, Fakultas Hukum, Universitas Pamulang. Focus and Scope: Hukum Pidana Hukum Perdata Hukum Tata Negara Hukum Administrasi Negara Hukum Islam Hukum Adat
PENYALAHGUNAAN NARKOBA DI KALANGAN REMAJA INDONESIA DI TINJAU DARI UNDANG-UNDANG NO.35 TAHUN 2009 TENTANG NARKOTIKA
ABSTRACT:The drug problem in Indonesia is still something that is urgent and complex.In the last decade this problem has become widespread. Evidenced by the significant increase in the number of drug abusers or addicts, along with the increasing disclosure of drug crime cases, the pattern of which is increasingly diverse and the syndicate network is getting more massive. The Indonesian people in general are currently facing a very worrying situation due to the widespread illegal use of various types of drugs. Inappropriate drug use can threaten aperson'shealth. Narcotics are substances or drugs derived from plants or non- plants, bothsynthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of feeling, reduce to eliminate pain and can cause dependence which are differentiated into groups listed in Article 1 of the Law. Invite No. 35 of 2009 concerning Narcotics. Which Law No. 35 of 2009 also regulates the prevention, protection and rescue of the Indonesian people from narcotics abuse, eradicates the illicit traffic of narcotics and narcotics precursors,and guarantees arrangements for medical and social rehabilitation efforts for narcotics abusers and addicts. Based on the ministerial regulation, regional governments at the sub-district level must carry out six tasks, but the sub-district only carries out two tasksin drug prevention efforts, namely outreach and seminars. The resulting impact results in losses for oneself and others such as the behavior that is caused, namely stealing parents' money, skipping school, and physically looking untidy, selling goods at home and many more. The problem of drug abuse among adolescents andstudents can be said to be difficult to overcome,because the solution involves many factors and cooperation from all parties concerned, such as the government,apparatus, community, mass media, families, and the youth themselves. Drug abuseoccurs because the victim lacks or does not understand what drugs are so that irresponsible parties (dealers) can deceive them. Keywords : Drug abuse, juvenile delinquency, rehabilitation
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STATUS KEABSAHAN PERKAWINAN TRANSEKSUAL MENURUT UNDANGUNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN (STUDI KASUS PENETAPAN PENGADILAN NEGERI SUMEDANG NOMOR 15/Pdt.P/2015/PN.Smd)
Indonesia is a country that has the fourth largest population compared to other countries in the world. The large number of residents makes various kinds of community phenomena occur, and recently there has been an increase in the phenomenon of Lesbian, Gay, Bisexual, Transgender or better known as LGBT. As time goes on and the LGBT phenomenon is still ongoing, many people eventually follow it and many also carry out sex change operations or can be called transgender or transsexual. People who do sex reassignment surgery are caused by various factors, one of which is a feeling of dissatisfaction with the identity they have and it is not in accordance with their psychology. Problems that can arise from sex reassignment surgery are in terms of marriage. Article 10 paragraph (1) of Law Number 39 of 1999 concerning Human Rights stipulates that "Every person has the right to form a family and continue offspring through a legal marriage". However, on the one hand, transsexual marriages are not allowed and are even prohibited by religion because they are considered as same-sex marriages because the marriage law considers that the legal sex is the sex at birth. The purpose of this study is to determine the legality or validity of marriages carried out by someone who has changed sex (transsexual) and examines the legal consequences of marriage for a transsexual. This research is a normative legal research, by analyzing laws and regulations related to the validity and legal consequences of transsexual marriage, and qualitatively analyzed using statutory regulations, concept approaches and case approaches. The results of the study revealed that transsexual marriage without legalization/determination of sex change from the District Court based on Article 2 paragraph (1) in conjunction with Article 1 of Law Number 1 of 1974 concerning Marriage is invalid because the sex change has not been legalized by the District Court and the population documents do not change. Changing sex without a medical reason is haram, especially for transsexuals who are Muslim, and transsexual marriages are prohibited because they are recognized as same-sex marriages. The legal consequence of transsexual marriage without a sex change determination from the District Court is that the marriage is not recorded (considered an underhand marriage). Another legal consequence of transsexual marriage without or with the determination of a valid sex change is that neither party can have children, which is one of the goals of marriage. This research focuses on two types of mandatory outputs, namely national journals, and optional outputs such as proceeding journals. Keywords : Transexual, Sex Change Operation, Marriage.
E -SPORT DALAM PERSPEKTIF HUKUM DI INDONESIA
ABSTRACT: E-This research examines the existence of the world of e-sports which is experiencing fast development with a focus on examining legal protection for e-sports athletes. The legal issue discussed is legal protection for e-sports athletes in Indonesia. The method used is a normative juridical research method, namely research on legal principles using secondary data. While the data analysis method used is qualitative methods and the information tool used is document study. The result of this study is that the protection of e - sports athletes is still based on an agreement between e-sports athletes and e-sports teams, while the legal protection by the state is not maximal because there are still no specific regulations for e-sports assistance. The suggestion for this research is that the government and the DPR need to immediately make a law that specifically contains material on the world of e-sports and e-sports athletes. 1 Keywords : Legal Protection, E-sports Athletes, E-sports
IMPLEMENTASI HAK POLITIK WARGA NEGARA DALAM SEBUAH PERBANDINGAN KONSTITUSI PADA NEGARA REPUBLIK
ABSTRACT: VANESSA 201010200610, FARREL FIRJATULLAH FAISAL 201010200544, SOFYAN ASSAURI 201010200427, IMPLEMENTATION OF CITIZENS' POLITICAL RIGHTS IN A COMPARISON OF THE CONSTITUTIONS OF REPUBLIC COUNTRIES. Political rights in essence are not only thebasic rights of every citizen, but are the right of every person to participate in practical political activities. Political rights as human rights oblige the state to recognize, respect and fulfill, as well as guarantee their protection by using statutory instruments. Regarding comparative law, it is a study method in conducting research by comparing laws and regulations, as well as legal institutions from one or more countries. In a constitutional comparison, this is seen from the form of the state, the constitutional structure, human rights arrangements (types of human rights regulated) and the way the constitution is amended. In aconstitutional comparison, this is seen from the form of the state, the constitutional structure, human rights arrangements (types of human rights regulated) and the way the constitution is amended. This study aims to identify and understand political rights in comparative law and this research is based on normative legal research, namely conducting an assessment of law as a building system of norms and through a statute approach to laws, as well as a comparative approach (comparative approach). approach) by comparing existing laws and regulations, for example in Indonesia with one or several laws and regulations in other countries. Keywords : Rights, Politics, Citizens, Comparison, Constitution
SOSIALISASI HUKUM TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA
ABSTRACT: Law No. 23 of 3 2004 concerning the Elimination of Domestic Violence which came into force on September 22, 2004. In addition, Presidential Decree No. 181 of 1998 concerning the Commission Against Violence against Women since October 9, 1998. However, in reality there are still many members of the community in general and mothers in particular who do not know, clearly understand the contents of the provisions in the legislation. Therefore, it is necessary to increase the knowledge and understanding of the community, especially PKK mothers on the laws and regulations related to the problem of domestic violence, so that they have awareness and attention to be able to play an active role in assisting the government in overcoming the problem of domestic violence. Without the participation of the community, especially women, in helping to overcome the problems above, the government's efforts will not work well. In this regard, there is a need for legal awareness regarding the elimination of domestic violence, so that a harmonious and prosperous household will be maintained. With Problem Formulation 1) How to provide knowledge and understanding about the importance of eliminating domestic violence to PKK administrators, Ciputat Village, Ciputat District, South Tangerang City. 2) How to improve the ability of PKK administrators in Ciputat Village, Ciputat District, South Tangerang City. in dealing with and resolving/solving problems related to domestic violence in accordance with applicable laws and regulations. With Qualitative Research Methods, Qualitative Empirical Keywords : Domestic Violence
UPAYA HUKUM TERHADAP KONSUMEN YANG MENGALAMI WANPRESTASI DALAM JUAL BELI ONLINE DI TINJAU DARI UNDANG UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
ABSTRACT: The purpose of this study is to find out and analyze the forms of default experienced by consumers in buying and selling online as well as legal remedies from consumers who experience default in online buying and selling transactions. This research is classified as normative legal research using statutory and conceptual approaches. The results of this study are the forms of default experienced by consumers in buying and selling online including goods sent not according to specifications, delivery not on time, goods sent defective, and counterfeit goods. As for legal remedies that can be taken by consumers in the event of default in online buying and selling transactions, namely through litigation and nonlitigation mechanisms. The development of business law is currently growing very rapidly. In addition to technological developments as well as progress and laws must keep up with the times. In Indonesia, the term deed has begun to develop, which is called an online buying and selling transaction (ecommerce). There is a possibility that it will give rise to legal issues. In relation to consumer protection laws in Indonesia, it has been regulated in Law Number 8 of 1999 concerning Consumer Protection. E-commerce transactions make it easy for consumers to carry out sales or purchase activities of goods and services according to the customer’s needs at that time. This research will discuss how to protect consumers in e-commerce transactions in brief and how to regulate legal regulations in Indonesia related to consumer protection laws as a means of resolving legal issues related to consumers and businesses. Keywords: breach of contract, consumer protection, UUPK
PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENYALAHGUNAAN NARKOBA
ABSTRACT: The crime of drug abuse is a crime that is increasingly developing in the era, and there are more and more ways to commit a crime. One that will be threatened by the development of the way criminal acts occur is children. Children are the spearhead of the nation's generation that will determine the direction in which this nation will prosper in the future. This act of drug abuse will undoubtedly threaten the quality of the nation's generation and psychologically and physically damage the children who will determine the nation's direction. Even so, children who become perpetrators of criminal acts need legal protection as a form of government paying attention to children as an essential thing. However, in some cases, children as perpetrators need to go through the criminal law process just like adults. This raises interest in the discussion of research. This study aims to determine the application of criminal law and what kind of concept of legal protection will be applied. The research method used in this study is a normative legal research method. The data sources used are based on primary legal materials, namely legislation, and secondary legal materials, such as books, journals, etc. Keywords : Children, Drugs, Legal Protection
PENYALAHGUNAAN NARKOBA DI KALANGAN REMAJA MENURUT UNDANGUNDANG NO. 35 TAHUN 2009 TENTANG NARKOTIKA
ABSTRACT: Drug handling in Indonesia is still something that is urgent and complex. In the last decade this problem has become widespread. Evidenced by the significant increase in the number of drug addicts or drug addicts, as cases of drug crime are revealed, the pattern of which is increasingly diverse and the syndicate network is getting more massive. The Indonesian people, and even the world community, in general, are currently facing a situation where they feel very comfortable due to the widespread illegal use of various types of drugs. This concern is getting sharpened due to the rise of the dark vortex of Narcotics which has spread in all levels of society, including among the younger generation. This will greatly affect the life of the nation and state in the future. The behavior of some teenagers who have clearly ignored the rules of values and norms and laws that apply in people's lives is one of the causes of the rise of drug use among the younger generation. In everyday life in the midst of society there are still many teenagers who still carry out drug threats. Keywords : Abuse, Drugs, Juvenile
URGENSI RATIFIKASI INTERNATIONAL CONVENTION FOR THE PROTECTION OF NEW VARIETIES OF PLANTS TAHUN 1991 DALAM UPAYA MEMBERI PERLINDUNGAN VARIETAS TANAMAN DI INDONESIA
ABSTRACT: Protection of plant varieties is the special protection provided by the state for plant varieties produced by plant breeders through plant breeding activities. Protection of plant varieties in Indonesia has been regulated in Law Number 29 of 2000 concerning Plant Variety Protection (PVP Law). But before that the protection of plant varieties was regulated in the Patent Law (UUP). The formation of this PVP law is inseparable from the implementation of international obligations that must be carried out by Indonesia, namely the United NationsConvention on Biological Diversity, International Convention for the Protection of New Varietas of Plants, and World Trade Organization/Trade Related Aspects of Intellectual Property rights (GATT/TRIPs). Which, among other things, requires member countries to implement regulations in the field of Intellectual Property Rights (IPR). What is meant by variety according to the UPOV Convention 1991 is a group of plants that can be defined by characteristics expressed from genotypes and can be distinguished from the same botanical taxonomy at least one visible characteristic. This means that even though they come from the same type, protected plant varieties must still have different physical characteristics, because different physical characteristics are expressions of different genotypic characters. Plant varieties have different types, including; Food and secondary crops, Horticultural Plants, Plantation Plants. In addition to ordinary plant varieties, transgenic varieties are also known, in the application for said variety the description must also include a description of the molecular explanation of the variety in question and the genetic stability of the proposed traits, the reproductive system of the parents, the presence of wild relatives, the content of compounds that may disturb the environment, and human health as well as the method of destroying it if deviations occur, and must also be accompanied by a statement letter of safety for the environment and human health from the competent authority. What is meant by transgenic varieties are varieties produced through genetic engineering techniques. Keywords: Plant Variety, UPOV, PVP, and International Agreements
TINJAUAN YURIDIS PERLINDUNGAN KONSUMEN TERHADAP PAKAIAN BEKAS IMPOR (THRIFTING)
ABSTRACT: This writing aims to analyze the legal status of thrifting based on the Minister of Trade Regulation (PERMENDAG) and how legal protection is provided by thrift shop business actors to consumers based on Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK). This paper uses normative legal research methods using secondary data sources with primary legal materials in the form of laws and regulations. And using primary data sources as a complement, namely the opinion of experts, and the results of existing research. The results of the study indicate that there is no regulation that specifically regulates the practice of selling used goods, especially used clothing. Based on the Minister of Trade Regulation, the government only prohibits the import of used clothes into Indonesia. Import is basically a series of activities to enter goods into the customs area. Thrifting is considered a violation if the used clothing sold by thrift shop business actors originates from the import of used clothing. If the clothes being sold are the result of importing used clothes, the business actors have actually violated the consumer rights contained in Article 4 letter (a) which states that consumer rights are the right to comfort, security and safety in consuming goods and/or services. Because used clothing originating from imports has the potential to endanger human health so it is not safe to be utilized and used by the public, so used clothing is prohibited from being imported into the territory of the Unitary State of the Republic of Indonesia. The UUPK provisions stipulate that business actors have the obligation to carry out their business in good faith, provide correct, clear, honest information relating to the goods and/or services being traded, as well as the obligation to provide compensation if the consumer is proven to have suffered a loss on the consumption of goods produced. which or by traffickers. Based on the Regulation of the Minister of Trade of the Republic of Indonesia Number 51/M-DAG/PER/7/2015, states that: Used clothing that arrives in the territory of the Unitary State of the Republic of Indonesia on or after the date this Ministerial Regulation comes into effect must be destroyed in accordance with the provisions of the Laws and Regulations. Keywords : Consumer Protection, Used Clothing, Import
TINJAUAN YURIDIS TERHADAP KONTEN PRANK PADA PLATFOM YOUTUBE SEBAGAI TINDAK PIDANA BERDASARKAN UNDANG-UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK
ABSTRACT: Prank is a form of joke or joke that is deliberately made by someone with the intention of making fun of other people with the aim of creating a sense of satisfaction for the prank maker. There are various types of pranks which are generally made to then be made into personal or group content available on various social media such as YouTube. Prank content created by someone like a YouTuber (YouTube content creator) can be considered a criminal offense, even if a prank is a joke or a joke. This is because someone who becomes a victim of this prank may be harmed or their rights may be violated. The purpose of this research is to find out and analyze YouTuber prank content which can be categorized as a crime under the Information and Electronic Transactions Act as well as the regulation regarding YouTuber prank content which is categorized as a crime in the Information and Electronic Transactions Act. The method used in this study is normative juridical using statutory and conceptual approaches. The technique of collecting legal materials used is document study by examining primary and secondary legal materials. The method of analysis of legal materials is carried out in a normative juridical manner which is presented descriptively. Based on the results and discussion of this study, it was found that prank YouTuber content that can be categorized as a criminal offense under the Information and Electronic Transactions Act is prank content that contains content that violates decency, insults and/or defamation, and can cause hatred or hostilities of certain individuals and/or groups of people based on ethnicity, religion, race and intergroup (SARA). Then it was found that, arrangements regarding YouTuber prank content which are categorized as criminal acts in the Information and Electronic Transactions Law are regulated in Article 27 paragraphs (1) and (3) junto Article 45 paragraphs (1) and (3) and Article 28 paragraph (2) junto Article 45A paragraph (2). Keywords: Prank Content; Criminal act; Youtubers
ANALISIS YURIDIS PEMBEBANAN PEMBUKTIAN TERBALIK TINDAK PIDANA KORUPSI BERDASARKAN UNDANG - UNDANG NOMOR 31 TAHUN 1999 Jo. UNDANG - UNDANG NOMOR 20 TAHUN 2001 DARI : PERSPEKTIF KEBIJAKAN LEGISLASI DAN HAK ASASI MANUSIA
ABSTRACT: The purpose of this research is to find out how the defendant's proof is reversed in a corruption case in terms of human rights and how the existing legal sources regulate the problem of reverse proof. By using normative juridical research methods, it can be concluded: 1. Elucidation of Law no. 31 of 1999 it is stated that the definition of reverse proof is limited and balanced, namely that the defendant has the right to prove that he has not committed a criminal act of corruption and is obliged to provide information about all his property and the assets of his wife or husband, children, and the property of any person or corporation that suspected of having a relationship with the case in question and the public prosecutor is still obliged to prove his indictment. 2. The legal basis governing the issue of reverse proof in corruption cases is based on the system regulated in Law no. 31 of 1999 in conjunction with Law no. 20 of 2001 and at the same time with the KUHAP system. The existence of reversing the burden of proof from the perspective of legislation policy is known in the criminal act of corruption as a "premium remediation" provision and also contains a special prevention. The criminal act of corruption as "extra ordinary crimes that require extra ordinary enforcement and extra ordinary measures", then crucial aspects in cases of corruption is the effort to fulfill the burden of proof in the process by law enforcement officers. The application of limited or balanced reverse evidence by using a negative evidence system according to the law (negative wettelijk overtuiging) Keywords : Reverse proof, defendant, corruption, human rights
UPAYA PERLINDUNGAN TINDAK KEKERASAN SEKSUAL TERHADAP ANAK DIBAWAH UMUR DITINJAU DARI UU NO.35 TAHUN 2014
Abstract : This research was conducted with the aim of knowing how legal protection for children as a result of sexual harassment and what are the factors that cause sexual abuse of children. By using normative juridical research methods, it can be concluded: 1. The protection of child sexual abuse as a victim adheres to 4 principles, namely (1) the principle of non-discrimination which is applied in a way that does not discriminate and continues to process the case without any distinction in any way, (2) the principle of best interests for the child which is implemented by keeping the victim's identity secret, (3) the principle of the right to life by providing assistance in the form of counseling assistance, medical assistance and legal assistance in providing housing, and (4) the principle of caring for the child's opinion, namely the child's statement in giving testimony must be reconsidered because in this case the child who is the victim is also a witness. 2. Factors causing child sexual abuse include; There is an orientation of sexual interest in children (pedophilia), there is mass pornography, and children's lack of understanding of sexuality issues, lack of control from parents and family, the environment, opportunities, the influence of playmates and the influence of social media on child development. Lack of control from parents and family is the main cause of sexual harassment because parents and family form the main character of children. Keywords: Harassment, sexual, child.
EVALUASI TERHADAP KUALITAS PELAYANAN PUBLIK YANG DIBERIKAN APARATUR SIPIL NEGARA KEPADA MASYARAKAT DEMI TERWUJUDNYA PEMERINTAHAN YANG BAIK (GOOD GOVERNANCE)
Public service is an effort to meet the basic needs of the state and the civil rights of every citizen in the goods, services, and administrative services provided by public service providers. In Indonesia, the Act of 1945 mandated the country to meet the basic needs of all citizens for the sake of welfare, so that the effectiveness of a system of government is determined by the merits of public service. Public service providers in Indonesia are all state organs such as the central government, local government (provincial, district, town). In this case, the Preamble of the 1945 Constitution was in aliena all 4 explicitly states that one of the objectives established the Republic of Indonesia is to promote the welfare of the public and educating the nation. Factors affecting the ineffectiveness of public services properly, namely: a structural problem involving bureaucratic budgeting for public services. Which affect the quality of public services is their cultural obstacles in bureaucracy. There are also factors of behavior does not reflect the behavior of officers who serve, and instead tend to exhibit behavior to be served. The condition of Indonesia's bureaucracy is now incompatible with the new organizational demands. In Indonesia, the bureaucracy in government departments or the lowest, the main priority is the input and process, not the results. Therefore, always be considered by the perpetrators of the bureaucracy is not to get the rest of the financial year end. Keywords : Kata Kunci Good Governance, Public Services, Civil Servant
PERLINDUNGAN HUKUM TERHADAP PEMUTUSAN HUBUNGAN KERJA (PHK ) PADA MASA PANDEMI COVID 19 DITINJAU DARI UNDANG – UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA
As a result of Covid-19, Indonesia is facing various economic problems. Since February 2020, economic growth has declined drastically, placing businesses in a financial crisis, which has had a significant impact on decision making. One is that maintaining the number of employees will be expensive for the business. This makes the organization expected to spend quite a lot of money in terms of maintaining a strategic distance from end of business (PHK) to representation. The research entitled Legal Protection Against Termination of Employment (PHK) During the Covid 19 Pandemic Period is reviewed from the Job Creation Law No. 11 of 2020 with the aim of knowing the form of corporate responsibility in fulfilling the rights of workers who were laid off unilaterally by Companies and Legal Protection of the Rights of Workers Laid Off Due to the Covid Pandemic. This research uses normative law research methods. The author uses primary data sources as the main data source, which includes laws and regulations Number 11 of 2020 concerning Job Creation, Law Number 2 of 2004 concerning the settlement of Industrial Relations and Government Regulation Number 35 of 2021 concerning Work Agreements for a Specific Time, Outsourcing, Working Time and Rest Time, and Termination of Employment. This research concludes that Article 156 paragraph (1) of Law Number 11 of 2020 Concerning Job Creation, employers are required to fulfill the rights of workers who experience termination of employment (PHK) if there is termination of employment (PHK) the employer must pay severance pay, award money years of service, and the right to reimbursement of money in the event of termination of employment. Through the Industrial Relations Settlement Institute, workers and laborers can take legal action if the employer does not uphold their rights and legal protection for workers/laborers is the protection of the right to terminate employment relations, workers/laborers have the right to receive compensation from the employer if layoffs take place, compensation consists of for severance pay, gratuity pay, and compensation for rights. Arrangements regarding compensation in Law No. 13 of 2003 concerning Manpower have been amended through Law No. 11 of 2020 concerning Job Creation Keywords : Termination of Employment, Covid 19, Employment
PERLINDUNGAN HUKUM DAN REHABIITASI BAGI ANAK KORBAN PENYALAHGUNAAN NARKOTIKA
Narcotics abuse is a phenomenon that occurs due to several factors that happen to intertwine in one factor, giving rise to such a result. Narcotics addicts and victims of narcotics abuse must undergo medical and social rehabilitation. Rehabilitation for addicts is a form of social protection that interacts with narcotics addicts into the social system so that they no longer use narcotics, medical and social rehabilitation can be carried out. The purpose of this study is to find out how legal protection and rehabilitation are for child victims who become drug abusers. In this study we conducted a series of studies, using normative research. And by collecting data both secondary (online and manually), primary (with secondary, primary and tertiary legal materials) and also processing existing data and analyzing data to be drawn as research conclusions. The results of the study reveal that there is legal protection in Law Number 35 of 2014 Article 67 concerning Child Victims of Narcotics Abuse and Children who are involved in the production of its circulation, and there is an obligation to undergo medical and social rehabilitation as stipulated in Law Number 35 of 2009 Article 54. Keywords: Legal Protection, Rehabilitation, Narcotics Abuse
KEDUDUKAN PEGAWAI NEGERI SIPIL (PNS) DALAM KEANGGOTAAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD)
Neutrality of civil servants in political parties is a study of civil service law. The study of personnel law regulates civil servants who work in state administration. This is as stated by Utrech, who explained that administrative law examines the special legal relationships that are held to enable officials (amstragers) of the state administration to perform their special duties.PNS who becomes a candidate for DPR, Provincial DPRD, and Regency / City DPRD, his dismissal does not refer to a letter of resignation after being designated as a candidate by the General Election Commission (KPU), but his dismissal refers to the prohibition of PNS becoming a member and / or administrator of a political party. Therefore, PNS is prohibited from becoming a member and/or administrator of a political party, so PNS who becomes a member and/or administrator of a political party must resign in writing.
PERTANGGUNGJAWABAN PIDANA TERHADAP PELAKU PERDAGANGAN SATWA YANG DILINDUNGI DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1990 TENTANG KONSERVASI SUMBER DAYA ALAM HAYATI DAN EKOSISTEMNYA
One of the naturalresource wealth of the biodiversity that exists in Indonesia that is viewable from wildlife that exists, whether protected or not protected by the Government. But in fact there is a protected wildlife by the use by a person who is not liable to benefit himself regardless of the impact that will be brought about from his actions. The research method used is the method of normative legal research so that issues approach used namely legislation, conceptual, and case law materials and using primary, secondary, and tertiary. So the legal materials collection techniques are used namely engineering documentation by processing and analyzing legal material has been collected with the use of legal argumentation. As for the results of this research it can be concluded that the arrangements regarding sanctions for perpetrators of trafficking protected wildlife is contained in section 40 of the Act number 5 Year 1990 about conservation of natural resources, the ecosystem and Biodiversity as well as form liability imposed upon the perpetrators of proven trade protected wildlife i.e. criminal liability in accordance with provisions of laws and regulations that govern these actions. Keywords: Wildlife trade, criminal liability
KAJIAN YURIDIS BALIK NAMA SERTIFIKAT DI BAWAH TANGAN ( ANALISIS PUTUSAN NO 53.Pdt.G/2015/PN.Sda )
The transfer of land rights is the transfer of land rights from the old right holder to the new right holder according to the provisions of the applicable laws and regulations. There are 2 (two) ways to transfer land rights, namely switching and transferring. Switching indicates the transfer of land rights without any legal action taken by the owner, for example through inheritance. Meanwhile, transfer refers to the transfer of land rights through legal actions carried out by the owner, for example through buying and selling. In Indonesia, the transfer of land rights is based on Government Regulation Number 10 of 1961 concerning Land Registration (PP No. 10 of 1961) as amended by Government Regulation Number 24 of 1997 concerning Land Registration (PP No. 24 of 1997). In Article 37 paragraph (1) PP No. 24 of 1997. t is stated that, "Transfer of land rights and ownership rights to apartment units through sale and purchase, exchange, grants, income in the company and other legal acts of transfer of rights, except for transfer of rights through auctions can only be registered if proven by a deed made by the PPAT authorized according to the provisions of the applicable laws and regulations.â€ In the transfer of land rights, it can be done by transferring rights such as buying and selling, exchange, grants, auctions, inheritance, transfer of rights due to merger or consolidation and transfer of other rights. The purpose of this study was to find out 1) The considerations of the Tangerang City Land Office in carrying out land registration based on the decision of the Tangerang Religious Court, 2) The implementation of land registration based on the decision of the Tangerang Religious Court regarding the transfer of title certificates on the basis of private sale and purchase. This study uses a normative juridical approach, which is a method of procedure used to solve research problems by examining secondary data sources based on primary and secondary legal sources. The results of this study indicate that: 1) The considerations of the Tangerang City land office in carrying out land registration based on the decision of the Tangerang Religious Court are in accordance with Government Regulation Number 24 of 1997 Article 37 paragraph (2), namely in certain circumstances the head of the land office can register the transfer of rights on land based on a copy of a court decision that has permanent legal force accompanied by an execution report; 2) The implementation of the land registration of the disputed object is based on the decision of the Tangerang Religious Court which has permanent legal force, without having to deed the Land Deed Making Officer (PPAT). The conclusion of this study is that it is known that the registration of the transfer of land rights according to the provisions of Land law Article 37 Government Regulation Number 24 of 1997 must be with a PPAT deed, in this case it can be done with a copy of the Decision which has permanent legal force accompanied by an execution report, without a deed PPAT again. Keywords: Land registration based on court decision.
Perlindungan Hukum Terhadap Anggota Satpam Yang Melakukan Pembelaan Diri Dilingkungan Kerja Yang Mengakibatkan Pelaku Kejahatan Meninggal Dunia Ditinjau Dari KUHP Dan PERKAP No.24 Tahun 2007
Legal protection for security guards members who defend themselves in the work environment that causes the perpetrators of crimes to die from the Criminal Code and PERKAP No.24 of 2007.Strata 1 (S1), Criminal Law Study Program, Faculty of Law, Pamulang University 2022, 50 pages. This study explains how the law protects security guards who defend themselves in the work environment which results in the death of the perpetrator. In this research, the problem that will be discussed is how legal protection for security guards members who defend themselves in the work environment causes the perpetrators of crimes to die in terms of the Criminal Code and PERKAP No. 24 of 2007. POLRI in the field of organizing public se curity and comfort, is limited to its work environment. In their duties, security guards are required to be able to maintain and protect their work environment and the lives of those around them, including their own lives. In several cases, many crimes have occurred involving security guards, one of which is the case of two security guards who accidentally killed an alleged thief who entered a vital state object in Padang, West Sumatra. In this case the two security guards were found guilty because they could not provide convincing evidence or justify that they committed a crime based on forced self-defense in an emergency. In this regard, we as writers are interested in reviewing the legal protection of security guards who defend themselves in their work environment which causes the perpetrators of crimes to die, after seeing many cases of selfdefense in which they become suspects. This research is based on the type of normative legal research, namely research conducted by examining regulations regarding self-defense or forced defense, by analyzing the Criminal Code and other legal materials related to self-defense or forced defense.The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceeding journals.
KEPASTIAN PERLINDUNGAN HUKUM TERHADAP DEBITUR KETIKA WANSPRESTASI DALAM PINJAMAN ONLINE YANG DI AWASI OLEH OTORITAS JASA KEUANGAN (OJK) DALAM HAL INI APLIKASI TUNAIKU
This writing aims to determine the legal position of the parties involved in the online agreement and to determine the legal protection for the debtor as a user of online loan services in order to protect the rights of the debtor by using relevant laws and regulations in the event of a violation of law committed by the Organizer to debtors who default on online lending activities. Where the development of information technology in the economic realm, especially related to online loans carried out by the cashku peer to peer lending fintech platform, the legal position contained in the online agreement discussed in this study is unequal between the lender and the recipient of the loan. This happens because the agreement made by the lender is standard in nature and the borrower only has the duty to accept or reject the agreement. Second, legal protection for debtors who default in online loan services can be carried out in 2 (two) ways, namely preventively which protects before disputes occur or prevents disputes from occurring by making preventive efforts from online loan service providers and secondly repressively where provide protection by resolving disputes, meaning through dispute resolution outside the court or in court. If the default debtor is due to the actions of the organizer, the organizer may be subject to sanctions. However, if the debtor continues to default not because of the organizer's fault, the creditor can submit a complaint to the organizer so that the administrator follows up immediately, if the complaint from the creditor to the organizer does not find an agreement, the creditor can resolve the dispute through the courts or not. POJK Number 77/POJK.01/2016 does not regulate the procedure for filing a complaint when a debtor neglects. Keywords: legal protection, default, debtors, online loans, online agreements
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN TINDAK PIDANA EKSPLOITASI SEKS KOMERSIAL
The 1945 Constitution and the United Nations Convention on the Rights of the Child state that every child has the right to survival, growth and development, participation and is entitled to protection from acts of violence and discrimination as well as civil rights and freedoms. Parents, families, communities and the government are responsible for maintaining and maintaining these human rights in accordance with the obligations imposed by law. Children's rights are also regulated in Article 2 of Law no. 4 of 1979 concerning Child Welfare and in Article 4 -18 of Law Number 23 of 2002 However, in fact many of these children's rights are violated and even these rights are not fulfilled as they should. Many cases violate children's rights, one of which is the crime of commercial sex exploitation. This study aims to find out how the legal protection of child victims of commercial sex exploitation crimes and sanctions for perpetrators of commercial sex exploitation crimes. The research method used in this study is a normative juridical law research method by examining literature or secondary materials and primary legal materials, namely laws and regulations. Keywords : Legal protection, commercial sex exploitation, Law no. 4 of 1979 concerning Child Welfare, Law no. 23 of 2002 concerning child protection.
PERLINDUNGAN ANAK TERHADAP KORBAN KEKERASAN SEKSUAL SEBAGAIMANA YANG DITINJAU DARI UNDANG-UNDANG NO 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK)
Article 28E Paragraph 3 og the 1945 constitution has stated that everyone has the right to freedom of association,assembly and expression.Thus, expressing opinions in public,including in conveying information in the mass media, is the right of every citizen which is guaranteed and protected by the constitution. However, the protection of freedom of expression in terms of conveying information in the mass media does not work as it should, whether it is regulated in Law no. 9 of 1999 concerning Freedom to Express Opinions in Public as well as those regulated in Law no. 40 of 1999 concerning the Press. Where in carrying out their duties the press and parties involved in it, including sources, often have to deal with the law, both in cases of defamation and lawsuits against the law when delivering news. This study aims to determine whether conveying information in the mass media is an unlawful act (Onrechtmatigdaad) and to find out how judges consider in deciding cases of Unlawful Acts (Onrechmatigdaad) in Conveying Information in the Mass Media. The research method used in this study is a normative legal research method where the source of the data used is obtained based on primary legal materials, namely Court Decision No. 139/PDT.G/2020/PN.MDN and secondary legal materials such as books, journals and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords :Onrechtmatigdaad, Information, Mass Media
PROBLEMATIKA NORMATIF YURISDIKSI TERHADAP TINDAK PIDANA SIBER DALAM PERUNDANG- UNDANGAN INDONESIA DENGAN KONVENSI DEWAN EROPA 2001
This research reveals in more detail about state jurisdiction in dealing with cybercrime. The development of crimes or mayantara crimes without being followed by legal developments will make law enforcement unbalanced. Therefore, in addition to examining the criminal jurisdiction contained in Law no. 19 of 2016 concerning Amendments to Law no. 11 of 2008 concerning Information and Electronic Transactions, also discusses the 2001 European Council Convention which provides an explanation of major crimes and jurisdiction in accordance with International Law. The basis for regulation of criminal jurisdiction is contained in the Criminal Code (KUHP) Book I Article 2 to Article 9 and Article 2 of Law Number 11 of 2008 concerning Information and Electronic Transactions which adhere to the territorial principle, the principle of the state flag of the ship and the principle of the state aircraft. registered, national principles, protection principles, universal principles, and dual criminality principles. Meanwhile, the regulation of criminal jurisdiction over cyber crimes in South Africa is contained in Act no. 25 of 2002 concerning the Electronic Communication and Transaction Act, 2002 which adheres to the principles of the 2001 European Council Convention, namely subjective territorial principles, objective territorial principles, extra territorial principles, and national principles. the principle of the state flag of the ship, and the principle of the registered state aircraft. The regulation of criminal jurisdiction in Article 2 of Law Number 11 of 2008 concerning Information and Electronic Transactions is relatively short and concise so that in its implementation it requires interpretations and deviations from the principles of jurisdiction in public international law and the theory of locus delicti in criminal law. Law enforcement on cyber criminal act is not apart from jurisdiction, particularly space of validity of criminal law in a place (territorial jurisdiction). Widespread locus delicti potential in cyber criminal act will be give rising to problems in relation to principles of jurisdiction or the incidence of jurisdictional conflicts. The validity of universal jurisdiction requires states cooperation starting by any ratification of cyber criminal act. Given similarity of law enforcement, then minimize the use of legal loopholes due the state jurisdiction. This research was conduc ted in several places, such as the Pamulang University library and the city library. These places can provide primary data for writing this research. In this study also traced secondary data obtained from the library. Interviews were conducted with various informants to fill the lack of author data, especially international legal experts, police investigators, and other legal practitioners who control this cybercrime case. This study uses a qualitative normative juridical method. This normative juridical research refers to existing legal norms. Qualitative research was used to analyze the data obtained, both from the results of literature reviews and the results of interviews. The results of the study concluded that: (1) cybercrime regulation in the Budapest Convention consists of 9 (nine) categories of crimes committed intentionally and without rights); (2) according to the ITE Law, Indonesian jurisdiction has territorial principles and principles of protection: (3) both the ITE Law and the Budapest Convention use territorial principles in their jurisdiction, and the Budapest Convention has national principles, ship flag principles, registered aircraft principles, which are not owned by the ITE Law. ITE, apart from that the ITE Law has a principle of protection, which the Budapest Convention does not have.1 Keywords : UU ITE, Cybercrime, European Council Convention
TINDAK PIDANA PERDAGANGAN ORGAN TUBUH MANUSIA DI TINJAU DARI PASAL 62 AYAT (2) UNDANG-UNDANG NO. 36 TAHUN 2009
Donor has the meaning of giving something voluntarily. When it is related to transplantation, donor has the meaning of someone who submits, gives, and/or donates healthy organs to be transplanted to other people through a health effort. Organ donation is the process of taking organs or body tissue from healthy people to be given to people who need new organs. However, there are some organs that can only be donated. Donors can be of benefit to the recipient of the donor (recipient) for their survival. Based on Article 1 paragraph (5) PP Number 53 of 2021 concerning Transplantation of Organs and Body Tissues that "Recipients are people who receive Donor Organs and/or Tissues for the purpose of healing disease and restoring recipient health. The organization of organ transplantation in Indonesia is based on humanity. This is expressly and jointly stated in the laws and regulations related to organ transplants, namely Article 62 paragraph (2) of Law No. 36 of 2009. Based on this article it can be said that transplantation is a form of healing or health restoration which is carried out only for voluntary humanitarian purposes and not for commercialization or trading. As in the general explanation of Government Regulation Number 53 of 2021 concerning Organ and Body Tissue Transplants, that is Voluntary, meaning that between the Donor and the Recipient there is no sale and purchase agreement, other agreements, and or requests for compensation in any form. Keywords: Law, Organ, Health
KEKUATAN BUKTI ELEKTRONIK DALAM SISTEM PEMBUKTIAN PERDATA
Legal development cannot be separated from the development of society, especially the development of science and technology. This study aims to examinethe development of the position and strength of electronic evidence in the civil evidence system in Indonesia. This research is normative juridical research using a statute, case, and conceptual approach. The study results show that electronic evidence is present along with the times in the era of information technology- baseddigitalization. His presence is also related to all aspects of life, including the world of law and justice. The validity, position, and strength of electronic evidence in civil cases is still under debate because no civil procedural law regulates electronic evidence. The role and strength of electronic evidence have been regulated in many laws and regulations in Indonesia. Still, in civil law, there are no provisions governing this electronic evidence. Broader problems also occur in civil matters, because nowadays, electronic transactions have become part of national and international commerce. Keywords : Evidence; Information technology; Civil; Evidence System; Electronic Transaction
PERLINDUNGAN HUKUM TERHADAP TINDAKAN PENJIPLAKAN PRODUK ECO BOTTLE DALAM DESAIN INDUSTRI DITINJAU DARI UNDANG-UNDANG NOMOR 31 TAHUN 2000 TENTANG DESAIN INDUSTRI
Protecting the owner of the rights and the results of his thoughts so that fraud is not committed by other people is one of the important roles of intellectual property rights, these intellectual property rights, there are aspects related to science, technology, and economic value, this is Design Rights. Industry. In an effort to prevent infringement and fraud against industrial designs, industrial design rights must be protected and appreciated as a part of intellectual property rights. Industrial design legal protection is based on Law Number 31 of 2000 concerning Industrial Design. Law Number 31 of 2000 concerning Industrial Design regulates provisions related to the protection of a product, registration procedures, transfer of rights and licenses, dispute resolution, and other provisions. Then the purpose of this research is to better understand the importance of industrial design legal protection against various problems such as resembling a product in industrial design such as the case of the Tupparware Eco Bottle industrial design case with the Defendant who owns the Bio Life Product which has been terminated by decision Number 594 K/PDT.SUS -HKI/2017. This research includes the type of literature research that is normative juridical. Normative legal research (or also called doctrinal legal research) can be interpreted simply as research that asks whether there is law in a particular jurisdiction. In this case, the purpose of the researcher is to collect and analyze court decisions and related laws and regulations. Keywords : Legal Protection, Intellectual Property Rights, Industrial Design
PEMUTUSAN HUBUNGAN KERJA SEPIHAK BERDASARKAN UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN (Analisa Putusan Nomor 156 K/Pdt.Sus-PHI/2019)
The problem of labor or labor is a problem that we often hear for developing countries, including Indonesia. One of these problems is the termination of employment by companies, as is the case with unilateral termination of employment by Indonesian companies. We hereby discuss the unilateral termination of employment based on Law Number 13 of 2003 concerning Manpower. Unilateral termination of employment is a decision made by a company without going through a legal process or the establishment of an Industrial Relations Dispute Settlement institution. Unilateral layoffs (Termination of Employment) is a very scary thing for workers because only with a letter of termination of employment (Termination of Employment) issued by a company, all workers' rights from salary / wages to social security will be lost, even though termination of employment unilateral employment relationship without any stipulation from the Employment Settlement agency will be null and void, meaning that legally the layoff (Termination of Employment) is deemed to have not occurred according to the provisions of article 155 paragraph (1) of the Manpower Act. In an employment relationship agreement there must be an agreement between the employer and the worker, the work agreement must meet the elements of the work agreement so that the termination of the employment relationship cannot be done unilaterally because there is no written work agreement by both parties. To anticipate the arbitrariness of the company that harms the workers, the law emphasizes making a written agreement. Termination of employment is considered to exist if the agreement of both parties to make an agreement is otherwise. The dispute started from negligence at work solely due to his unprofessionalism in carrying out his duties and there was no interest or benefit for his negligence, where the plaintiff was an employee at a company who was then dismissed (Termination of Employment) unilaterally by the Sahabat Mitra Savings and Loans Cooperative. Indeed, the so-called defendant is a company that terminates the employment relationship unilaterally to the plaintiff. In this case the author examines which shows that the Supreme Court Decision Number 156 K/Pdt. Sus-PHI/2019 is not much different and gives power to the First Level Decision Number 48/Pdt. Sus-PHI/2018 PN Pbr., That the termination mechanism carried out by the Sahabat Mitra Sejati Savings and Loan Cooperative seems unfair to the victims of layoffs. And in the decision Number 156 K/Pdt.Sus-PHI/2019, the Panel of Judges in their consideration is fair enough in providing legal protection to laid-off workers, to fulfill workers' rights compensation which should have been received in accordance with Law Number 13 of 2003 About Employment. The approach method used in this research is the normative juridical method, namely legal research carried out by examining library materials or secondary data in the form of secondary materials by understanding law as a set of regulations or positive norms in the legal system that regulates problems in research. Keywords : Layoffs, Employment, One-sided.
PENYELESAIAN SENGKETA HAK ATAS MEREK TERKAIT PERSAMAAN LOGO
A brand in the world of commerce is a company asset that aims to differentiate one product or service from another. Therefore a product must register its trademark to get protection from the many cases of imitation or similarities to existing brands. Anyone can get a brand, as long as they have innovation they can create their own brand. In today's development, it turns out that many things are happening, for example in a company that has the same brand on the logo with other companies. The similarity of the logo on the brand certainly creates a conflict where the parties feel that the brand is theirs. However, this can be proven by the existence of a brand certificate issued by the Directorate General of Intellectual Property, Ministry of Law and Human Rights of the Republic of Indonesia. Where the company that has obtained the certificate for the first time has the right to get protection from confusion regarding the brand similarity. The certificate owned by the company is proof of legal ownership of the recognized mark. This study aims to find out about how to resolve disputes regarding the existence of a logo similarity on a brand which of course refers to the Law on Trademarks and its legal protection for Marks. This research is based on the type of normative legal research, namely research that is used to study legal principles and principles that are carried out by examining library materials or secondary data. Secondary data was obtained from a study of literature and other literature related to the problem of brand disputes that have similarities in principle to a product. Keywords : Equal logo, Brand, Dispute
KASUS PEMBUNUHAN WAYAN MIRNA SALIHIN ES COFFE VIETNAM SIANIDA
In the cyanide coffee case with the defendant Jessica Kumala Wongso, in this case Jessica was the partywho invited her old friends, namely Mirna and Hani, to meet at the Olivier cafe, which is in a shopping area in Jakarta. As guests, Mirna and Hani attend ed an invitation from Jessica at the cafe. Olivia was sentenced to 20 years in prison. Keywords : Coffee Cyanide, Ethics,Conscience
KEPASTIAN HUKUM TERHADAP PELAKU ABORSI AKIBAT PELECEHAN SEKSUAL DITINJAU DARI UNDANG – UNDANG REPUBLIK INDONESIA NOMOR 39 TAHUN 2009 TENTANG KESEHATAN
Abortion is a complicated problem in the history of human life since ancient times. There really is no other biological function to encourage the emergence of so many human skills than unwanted pregnancies. Abortion is an act of abortion. In Indonesia, this action is prohibited, and is included in Chapter XIX which talks about crimes against life in the Criminal Code. Even though abortion is legally prohibited, in reality abortions are still mostly performed by women for various reasons due to the fact that existing regulations and laws are not accommodating to the reasons that force women to have abortions. In general, abortion can be divided into 2 types, namely: (1) accidental abortion and intentional abortion. Accidental abortion is an accidental abortion that occurs without any action. (2) intentional abortion is an abortion that occurs as a result of an act. Abortion in this second form can be divided into 2 types, namely abortion artialis therapicus and abortion procatus criminalis. Abortion artialis therapicus is an abortion performed by a doctor on the basis of medical indications which is carried out as a rescue for the mother's life which is threatened if the continuity of the pregnancy is maintained. Meanwhile, abortion provocatus criminalis is an abortion that is carried out without a medical indication, for example, an abortion that is carried out to eliminate the results of sexual relations outside of marriage or to end an unwanted marriage. In Indonesia's positive law, the regulation of abortion is contained in two laws, namely the Criminal Code (KUHP) Articles 299, 346, 346, 347, 348 and 349 and regulated in Law no. 36 of 2009 concerning Health Articles 75, 76, 77. Keywords: Law, Abortion, Health
PERTANGGUNGJAWABAN PIDANA TERHADAP MUCIKARI BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA (ANALISIS PUTUSAN NOMOR: 159/Pid.B/2021/PN.Blt)
Based on the Decision of the Blitar Court, a defendant is sanctioned by Article 296 of the Criminal Code, namely, regulating the acts or women who prostitute themselves are not prohibited by law, whereas those who can be subject to this article are those who provide space for men and women to prostitute, and in order to be punishable the deed must be done for a livelihood or out of necessity, and Whereas article 506 states 'whoever draws profits from the lewd acts of a woman and casts her as a prostitute, shall be punished with imprisonment for not more than one year'. This method of research is made juridically normative, or uses court decisions. The penalty imposed on pimps or pimps is in the form of the main crime, namely imprisonment and confinement but prostitution activities are still unable to addressed. Provisions regarding the legality of the localization area are precisely regulated through regional regulations and against prostitutes can only be netted with the provisions of population administration. The method used in this study is normative juridical by examining and observing legislation and some theories. The specifics in this writing are descriptive analytical, this research was conducted using secondary data consisting of primary legal materials, secondary legal materials, and tertiary legal materials, drawing conclusions of this study using comprehensive qualitative analysis methods, From this study, it was concluded that: Regulations that can be used in the context of law enforcement against perpetrators of prostitution services in Indonesia include articles 506 and 296 of the Criminal Code. Keywords : criminal convictions ; prostitution service providers ; articles 506 and 296 of the Criminal Code.
PERLINDUNGAN HUKUM HAK CIPTA LAGU YANG DI UNDUH DI INTERNET BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
There are lots of copyright infringements carried out on the internet media, from new discoveries in the field of recording and storage technology, such as memory cards or flash drives. Advances in storage technology have made it easier for internet users to record or copy a large number of creations that appear on internet media easily and at low cost and even for free. Several methods have been taken to anticipate the increasing number of copyright infringements and other criminal acts committed via the internet. In Law No. 28 of 2014 concerning copyright itself, there are several articles that regulate acts of copyright infringement relating to the protection of works on the internet. Meanwhile, outside of the copyright law, there is Law No. 11 of 2008 concerning electronic information and transactions, which is said to be the first cyber law. In the application of copyright protection that is free to download on the internet, the most important role is the government. Here the government through the Ministry of Communication and Information Technology blocks sites or websites that provide features for downloading songs for free illegally. So that internet users cannot freely access these illegal sites. Blocking is carried out in two ways, namely, with complaints and with findings from the Ministry of Communication and Informatics itself. Complaints are usually made by people who find these prohibited sites by sending an email to the Ministry of Communication and Informatics, then the Ministry of Communication and Informatics responds by contacting the admin, the site owner does not admit that the content on his site is an illegal contest, so the admin refuses to delete the content. This blocking must be carried out by the government, because the government is obliged to protect the copyrighted works of musicians which of course have economic and moral values. And it's not only the government that protects copyright infringement, but songwriters or copyright holders are aware of the importance of registering their songs so that if they experience a dispute over the song, the creator has proof that the song already has a copyright registered at the Directorate General of Intellectual Property Rights and it is hoped that the public will respect someone's copyrighted work so that law enforcement on intellectual property rights can be carried out properly. Resolution of disputes in copyright infringement can be carried out through litigation or non-litigation. Settlement of copyright infringement disputes can becarried out through criminal and civil lawsuit procedure. Keywords :Copyright, Song, Internet
PERLINDUNGAN HUKUM DAN PEMULIHAN TERHADAP KORBAN SALAH TANGKAP DALAM TIDAK PIDANA DITINJAU DARI PASAL 95 DAN 97 KUHAP
The purpose of this research is none other than to review and provide understanding to all parties that in carrying out a law every citizen has rights where these rights are protectedby law and cannot be violated by law enforcers in the criminal justice process, therefore it is important how the mechanism arrest so that there are no violations that harm the community, namely related to wrongful arrests by officers, this research focuses on how the state is presentin protecting its citizens who are victims of wrongful arrests in criminal acts committed by officers where if an error occurs, the state is responsible for protecting citizens the country, thetype of research used is normative research, namely by examining statutory regulations relatedto the subject matter of this discussion, namely how human rights protect victims of wrongful arrests and how the mechanisms of law in dealing with for victims of wrongful arrests and recovery of material and psychological compensation for victims of wrongful arrests in accordance with Articles 95 and 97 of the Criminal Code, but the law does not explicitly state how the form of compensation will be given, so there is no legal certainty. in the invitation regulations. Keywords : Legal protection, laws and regulations, wrongful arres Ka
PERLINDUNGAN HUKUM TERHADAP PEMILIK HAK ATAS MEREK YANG DIBATALKAN DALAM PENDAFTARAN MEREK DITINJAU DARI UNDANGUNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS
Prior to filing a lawsuit for trademark cancellation, the plaintiff had also filed a request for registration of the Coffeeberry brand, namely in class 30, 32, 35, 43 based on the provisions of Law Number 20 of 2016 concerning Marks and Geographical Indications. That the Defendant's Coffeeberry brand was registered in bad faith and should not have been registered with the Defendant for the following reasons: a.There are similarities in essence between the brands of the plaintiff and the defendant b.The plaintiff's trademark had been registered and used since at least 2005 in the United States, long before the date of receipt of the request for registration of the defendant's mark in Indonesia. The defendant also rejected the defendant's request for registration of the Coffeeberry brand in classes 29, 30 and 32 on the grounds that the request for trademark registration was filed in bad faith because it imitated the plaintiff's Coffeeberry brand on registration number IDM000352239. Based on this, the plaintiff, namely VDF Future Ceuticals, filed a trademark cancellation lawsuit at the Central Jakarta Commercial Court, remaining in the decision of the Central Jakarta District Court Number 37/Pdt.SusBrand/2018/PN.Niaga.Jkt.Pst, the panel of judges at the Central Jakarta Court rejected the lawsuit from the plaintiff, namely VDF Future Ceuticals, and received the objection from the defendant, namely Haryadi Tjokro Djanto, the reason for the judge's consideration at the Central Jakarta District Court was to accept the exception from the defendant, namely that the lawsuit had exceeded the time limit, namely five years since it was first registered. On that basis, VDF Future Ceuticals submitted a cassation request on this case and based on the cassation decision number 769 K/Pdt.Sus.Hki/2019 the panel of judges overturned the decision of the Central Jakarta District Court number 37/Pdt.Sus-Merek/2018/PN.Niaga. Jkt. Pst. The judge at the cassation level stated in his consideration that the brand of Coffeeberry owned by the plaintiff was a well-known brand and the Coffeeberry brand owned by the defendant had similarities in principle to that of the plaintiff and was registered in bad faith, therefore our group would like to discuss how DITJEN KI's responsibility is towards lawsuits submitted by the plaintiff whether there was indeed an error from the registration stage until the mark must be canceled by the Supreme Court. Keywords : Coffeeberry, VDF Future Ceuticals, Geographical Indications
IMPLEMENTASI PASAL 1 UNDANG-UNDANG NOMOR 16 TAHUN 2019 TERHADAP TERJADINYA PENINGKATAN DISPENSASI PERKAWINAN DI GORONTALO
Marriage is the gathering of two people who were originally separated and stood alone, becoming a whole and a complete couple. Marriage is a process of forming a family between a man and a woman based on love and affection. According to article 1 of Law No. 1 of 1974 concerning Marriage, what is meant as marriage is an inner birth bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family based on the One True Godhead. In this study, the researcher used normative juridical legal research, namely research on legal materials in the form of legislation or written law, which in this case is Law No. 16 of 2019 concerning Marriage. In legal research, a method of approach is needed that is intended to obtain information from various aspects regarding the legal problem that is being tried to find answers. So in relation to this normative legal research, the author uses a statutory approach or Statute Approach, which is carried out by examining all laws and regulations related to the legal issue being discussed, namely the regulation of laws relating to the granting of marriage dispensation to minors. Keywords : marriage, dispensation, affection
ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 116 PK/PDT.SUSPAILIT/2013 TENTANG KEWAJIBAN PAJAK TERHADAP PERUSAHAAN YANG DINYATAKAN PAILIT DITINJAU DARI UNDANG – UNDANG NOMOR 28 TAHUN 2007 KETENTUAN UMUM DAN TATA CARA PERPAJAKAN
The purpose of this study: 1) To analyze the regulation of the state's preemptive rights over the payment of tax debts in Commercial Court Decisions. 2) To explore the basis for the judge's consideration in applying the state's preemptive right to payment of tax debt in the Supreme Court's jurisprudence Number 116 PK/Pdt.Sus-Pailit/2013 3) To formulate legal reasoning the judge did not apply the state's preemptive right to payment of tax debt in decision No. 116 PK/Pdt.Sus-Bankrupt/2013 This type of research is normative juridical with the statute approach, case approach, and conceptual approach. Legal materials were analyzed using 5 (five) theories, namely: the theory of legal reform, the theory of tax collection, the theory of legal protection, the theory of legal objectives, and the theory of ratio decidendi. The results of this study: (1) a) The unclear and incomplete definition of "preferred creditor" in the Elucidation allows for multiple interpretations by judges. b) This interpretation is detrimental to the state's preemptive rights, that is, it cannot be applied when faced with debts others in bankruptcy proceedings. (2) a) The state has the right to collect taxes on goods belonging to the taxpayer. b) KPP which is a state representative that cannot be positioned as a creditor based on Article 1 paragraph 2, 3, 6 and 11 of the KPKPU Law. (3) a) Judges recognize the right to precede the state, but judges must also comply with the principle of administering judicial power. b) In carrying out its authority, KPP was also proven to have committed negligence: KPP could not prove that the assets it argued were non-bankrupt assets; KPP submits a bill to the curator after 2 years of insolvency; KPP submits billing only in the form of estimates based on assumptions calculated before the taxpayer is declared bankrupt; The results of the settlement of bankruptcy assets are not sufficient, so that the distribution is carried out according to the principles of justice and balance; The renvoi procedure proposed by KPP is not in accordance with the correct stages. Keywords : preemptive rights, taxes, bankruptcy
PERNIKAHAN USIA DINI MENGAKIBATKAN PENELANTARAN HAK-HAK ANAK DI TINJAU DARI UU NO.1 TAHUN 1974 PASAL 7 AYAT 1 TENTANG PERKAWINAN JUNCTO UU NO.23 TAHUN 2002 PASAL 1 AYAT 2 TENTANG PERLINDUNGAN ANAK
The Birth of Law No. 1 of 1974 concerning marriage which reads that marriage only allowed if the man has reached the age of 19 and the woman has reached the age of 16 year. The determination of this age range is intended so that married couples are more responsive this law, observers of women and children filed a material review of this law and they stated that the age of permissibility of marriage stated in The marriage law has not reached maturity and is still in the school age range. With this early marriage resulted in violence against children, nonfulfillment of nutritional health, exploitation of children, lack of attention and affection for children, as well as divorce and domestic violence. Considering that one of the factors causing the neglect of children's rights is due to unpreparedness couples who marry at an early age. Even though based on Law No. 23 of 2002 concerning Child Protection Emphasizes that the responsibilities of parents, family, society, government, and the state is a series of activities that are carried out continuously for the sake of protection of several rights according to the Convention on the Rights of the Child which are categorized as follows: 1. The right to survival, 2. Right to protection, 3. The right to growth and development, 4. The right to participate. In principle child marriage brings many harms and not a few ends in divorce because of the social order of underage child marriage in consider something unusual. Based on this paradigm, among the efforts that can be made to protect children from being trapped in underage marriages, the act of child marriage in underage children must be seriously watched so that there is no violation of the rights of children. Keywords: Early Marriage, Child Rights Convention
ANALISIS YURIDIS TERHADAP PERCERAIAN AKIBAT KEKERASAN DALAM RUMAH TANGGA (KDRT) DI TINJAU DARI UU PERKAWINAN NO.1 TAHUN 1974
Living a family life is certainly not detrimental and as smooth as imagined, there must be many ups and downs of problems that the family must face. Here understanding and a sense of family togetherness is needed so that later everything can be faced and in accordance with the expectations of each member of the family. In marriage, every couple is threatened with being able to build a harmonious, happy and loving family, but in fact many families are not harmonious, instead they feel depressed and sad because of domestic violence, both physical, psychological, sexual, emotional violence. , as well as family abandonment. With the reason of domestic violence, the wife filed a divorce suit to the religious court to break the marriage rope. Since the enactment of Law Number 7 of 1989 as amended by Law Number 3 of 2006 and the second amendment by Law Number 50 of 2009 concerning Religious Courts, the provisions regarding procedures for filing divorce and divorce for those who are Muslim conducted in the Religious Courts, have been regulated in this Law. This study aims to find out what are the causes of marital dissolution according to Law No. 1 of 1974 and how big the influence of divorce due to domestic violence (KDRT) is in terms of Marriage Law No. 1 of 1974. In this study the authors used a type of normative juridical research (normative legal research), namely legal research conducted by studying literature or secondary data. In accordance with the characteristics of the study, this study used the library research method (literary study). The outputs targeted in this study are mandatory outputs in the form of accredited national journals. Keywords: Divorce, Domestic Violence
ANALISIS KEABSAHAN PERKAWINAN BEDA AGAMA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974
Marriage different religious cause to problems like the validity of marriage marriage according to law, based on article 2 paragraph ( 1 ) of the Marriage Law No. 1 of 1974 lawful matrimony is marriage who according to the law of various religions. In practice are often found that the determination of permit application marriage different religion .This study attempts to know what it is marriage by law no 1 1974 about the marriages .Know what has been a part of the requirements valid marriage itself .And about the validity of marriage different religion that occurred in indonesia .Research is based on type research law normative .In research normative on the assessment to the law as the norm , namely research and study object to asas-asas law , approach in and regulations ( statute approach ) of laws , and also approach juridical historically to sharpen analysis material law research aimed at know of the principles of , history background law and local regulations on marriage especially on marriage different religion. Conclusion in this research is, that the absence of rules governing different religions in indonesia about marriage.Because you understand article 2 ( 1 ) clearly has given firmness that should not implement marriage except in with religion.In formulation is revealed that there is no marriage beyond any law each religion and trust.Verse in the provisions of article 2 ( 1 ) law marriage could indicate legal marriage according to religious requirements, while in article 2 ( 2 ) and legal according to law marriage law after paying verse ( 1 ) moreover to recording marriage we do for the sustainability.Recording determine what are not sahnya a marriage, but said that it is and occurring, so only been administrative. Keywords : Marriage, different relegions, validaty
PERLINDUNGAN HUKUM TERHADAP SERTIFIKAT HAK MILIK ATAS TANAH YANG MENGALAMI SENGKETA BERDASARKAN PERATURAN PEMERINTAH NO. 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH
Urai The purpose of this research is to find out the legal protection for holders of land rights certificates who experience ownership disputes and to resolve land rights ownership disputes by retaining the principle of legal protection. This type of research is normative legal research. The object of research is a certificate of ownership in dispute over ownership. The results of the study, First, legal protection for holders of land title certificates experiencing ownership disputes can be exercised if: Land title certificates are legally issued in the name of a person or legal entity; Land acquired in good faith; Land is controlled and protected in real terms; Within 5 years since the issuance of the certificate of land rights, no one has submitted a written objection to the certificate holder and to the head of the district/city land office or has filed a lawsuit against the court regarding land tenure or the certificate issuance process. Second, the resolution of disputes over land ownership rights, one of which is overlapping disputes, is by precipitating the principle of legal protection through the BPN Agency or through the General Court regarding issues of land ownership rights or at the State Administrative Court related to the procedure for issuing certificates of land rights or resolving disputes through ADR. all dispute resolution is based on a judge's decision which alienates the principle of Legal Protection. Keywords : Legal Protection, Certificates, Rights, Land and Disputes.
TINJAUAN HUKUM PIDANA TERHADAP PERTANGGUNGJAWABAN INFLUENCER ATAS PENIPUAN INVESTASI ILEGAL
ABSTRACT: Investment is an investment activity that aims to gain future profits by providing capital (money). Along with technological developments, investment activities carried out by the community can be carried out online through online platforms. Attempts to promote and offer this type of illegal investment often involve influencers as a strategy to gain followers or potential investors. This study aims to analyze the role of influencers in promoting illegal investment. In general, influencers offer illegal investments by means of lures and even coercion so that potential investors want to invest the investment. Influencers take advantage of online media as a means for actors to find targets to be interested in making illegal investments as the term is known today. influencer criminal liability for illegal investments. The research method in this paper is normative through literature studies using a statutory approach. Investment activities can pose risks and losses for followers, namely the crime of illegal investment activities themselves. Meanwhile, as a result of illegal investment crimes, the perpetrators who are responsible can be subject to elements in Article 28 paragraph (1) in conjunction with Article 45 A paragraph (1) of the Electronic Information and Transaction Law. Keywoards: Criminal Liability, Influencer, Illegal Investment.
TANGGUNG JAWAB PEJABAT PEMBUAT AKTA ANAHH DALAM MEMBERIKAN PERLINDUNGAN HUKUM BAGI PARA PIHAK PADA PERALIHAN HAK ATAS TAMAH MELALUI JUAL BELI
The form of responsibility of the Land Deed Making Official in providing legal protection to the parties is the fulfillment of the rights and obligations of the seller and the buyer from the signing of the deed of sale and purchase before him (PPAT), the process of transfer of land rights is registered, until after receipt of the certificate of land rights as desired by the buyer, and in the future there will be no legal action and demands in any form and by any party as a result of a change in ownership of the rights land rights, so that the buyer feels secure in buying the land, just as the seller feels secure in selling his land rights. Secondly, the efforts made by the PPAT in providing legal protection to the parties in the sale and purchase legal action, i.e. the fulfillment of Article 1320 of the Civil Code relating to the legal requirements of sale and purchase, i.e. fulfilling its legal entitlement ; there is agreement; the ability to engage; certain things, and one thing lawful; the fulfillment of the requirements for the transfer of land rights and the control of BPHTB and PPh taxes, and because the transfer of land rights in Indonesia is based on customary law, the purchase and sale must also meet cash requirements, clear and real. Head of the BPN of the Republic of Indonesia n.05/SE/IV/2013 on the absence of the need to perform the pre-validation of BPHTB and PPh; so that the Land Office in carrying out land registration complies with the system operating procedure (SOP) or the operational guidelines that have been outlined by the National Land Agency (BPN), so that the process of transferring land rights can be implemented quickly and effectively; you don't get the impression of putting the applicant in difficulty, for example the problem of the name on the certificate not matching the name on the identity card. (KTP) due to EYD regulation. Keyword : PPAT, Transfer Of Land Rights
Perkawinan Beda Agama Dalam Undang-Undang Administrasi Kependudukan No. 23 Tahun 2006 Ditinjau Dari Undang-Undang Perkawinan No. 1 Tahun 1974
This study aims to determine the legal certainty of interfaith marriages and how their status is according to Law No. 1 of 1974 in terms of Law No. 23 of 2006. The data collected was analyzed using qualitative methods. The results of the study show that interfaith marriage has indeed become a phenomenon that cannot be separated from the life of Indonesian society which is full of pluralism. Interfaith marriages cannot simply be eliminated by legal regulations, because loving others cannot be limited by religion. The integrity and harmony of the relationship is the dream of all married couples, including married couples of different religions. Differences in religion have indeed become a thing that is vulnerable to the emergence of problems and conflicts in the married life of interfaith couples, because there are many differences in mindsets, perspectives, activities and daily habits which are more or less caused by differences in the religions of the two. Based on this background, the authors see the need to examine how the reality that occurs in the process of interpersonal communication between married couples of different religions. The method used in this study is a qualitative research method with a descriptive type, namely as a research procedure that produces descriptive data in the form of written or spoken words from people and observable behavior, in which the author attempts to provide a description of a social phenomenon. researched. Based on the results of the research conducted, it can be explained that married couples of different religions can communicate the differences that exist between them through an interpersonal communication process which includes openness, empathy, support, positive feelings and equality which are the characteristics of successful interpersonal communication. There is a spirit of respecting differences and maturity in attitudes in dealingwith the fact that they are indeed of different religions and are aware of all the consequences faced in the interfaith marriages they live in, so the success of communication between interfaith couples in managing religious differences that exist between them can be achieved, conflicts in relationships can be minimized, and the harmony and integrity of husband and wife relationships of different religions can be maintained. Keywords: Problems, Marriage, Different religions
PERLINDUNGAN HUKUM TERHADAP KREDITOR DALAM UNDANG-UNDANG KEPAILITAN
The formulation of the problem in this research is: 1. What are the legal remedies taken by creditors so that their legal interests are protected? 2. What is the form of legal protection for creditors? In answering these questions, the authors use library research or library research with a statute approach and a case approach. The data sources that the author uses are primary data in the form of commercial court decisions and laws governing bankruptcy issues, secondary data in the form of law books, legal journals and research results related to the matter being studied, tertiary data, namely legal dictionaries, articles and letters news, non-legal materials in the form of economic books relevant to the research topic. The results of this study after dissecting the decision of the panel of judges at the Commercial Court number 67/Pdt.Sus-PKPU-2019-Pn.Niaga.S by the creditor, in this case Agus Sulistiyo, in submitting the Postponement of Debt Payment Obligations (PKPU) have fulfilled the requirements of the provisions of article 222 paragraph ( 3) UUKPKPU and the debtor in this case PT. PELANGI PUTRA MANDIRI has been given a temporary suspension of debt payment obligations (PKPU) for 43 days, the PKPU extension remains 15 days and 120 days in order to achieve peace, but after a voting meeting on the peace plan was held, the majority of creditors did not agree to make peace, the panel of judges had to decide on PKPU expires and the debtor is declared bankrupt in accordance with the provisions of article 281 paragraph (1) UUKPKPU, then when a search is carried out on the assets of the debtor PT. PELANGI PUTRA MANDIRI was apparently unable to cover its debts to creditors so that the panel of judges declared the debtor bankrupt and was continued by the curator or also known as going concern. Keywords : Protection, Creditors, Bankruptcy.
TINJAUAN YURIDIS TERHADAP PERLINDUNGAN KONSUMEN DALAM TRANSAKSI JUAL BELI ONLINE DITINJAU DARI UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
The importance of legal protection for consumers is caused by consumers' weak bargaining position. Legal protection for consumers requires taking sides with consumers who have a weak bargaining position. Legal protection for consumers is a big problem, with global competition that continues to grow. Legal protection is urgently needed. In online buying and selling transactions, there are still problems that occur. More and more people are using online media to make buying and selling transactions. The more users, the more problems they face. So in this case consumer protection is needed because consumers are the most vulnerable to getting into trouble. The method used is Normative Juridical because this research is only aimed at written regulations, so this research is very closely related to literature because it will require primary and secondary data, namely from laws, books, journals and others. Keywords : Consumer Protection, Buying and Selling Online, Consumer Rights
ANALISIS TERHADAP PUTUSAN NOMOR 128/PDT/2022/PT BTN MENGENAI KASUS WANPRESTASI PEMBANGUNAN APARTEMEN SKY HIGH TOWER (DI TINJAU DARI UNDANG-UNDANG NO 20 TAHUN 2011 TENTANG RUMAH SUSUN BERDASARKAN PASAL 1243 DAN 1238 DALAM KUHPERDATA)
The issuance of the Law of the Republic of Indonesia Number 20 of 2011 concerning Flats article 43 reads (Paragraph 1 The process of buying and selling flats before the construction of the flats is completed can be done through PPJB which is made before a notary. Paragraph 2 PPJB as referred to in paragraph 1 is carried out after fulfilling the requirements certainty: A. Land Ownership Status B. Selection of IMB C. Availability of Infrastructure, Facilities, and Public Utilities D. Development of at least 20% (twenty percent) and e. Agreement.) This law should be a reference for developers when planning a building or selling and selling flats but it turns out that there are many negligences committed by developers in Indonesia, one of which is the case of the Garuda Indonesia Cooperative ( KOAPGI) which in this case caused a lot of losses for the Garuda Airline crew. Indonesia. This study aims to find out why the default occurred in the Koapgi case which harmed several Garuda Indonesia flight crew due to the negligence of the developer PT Satiri Jaya Utama. In law number 20 of 2011 article 43 regarding flats is based on articles 1243 and 1238 of the Civil Code. This research is based on the type of normative legal research where the research focus is on the norms contained in the law. Where this research also examines the legal principles in it, through a statutory approach and also a historical juridical approach. In this study, the authors conducted an analysis of research raw materials to obtainfindonale and find out the background of the Garuda Indonesia cooperative case, hereinafter referred to as koapgi, in terms of the 1945 Constitution. Republic of Indonesia no. 20 of 2011 concerning Flats. Keywords: Default, Developer, Fraud, Flats
PENGAWASAN DAN PENEGAKAN HUKUM OLEH IMIGRASI TERHADAP PELANGGARAN KEIMIGRASIAN YANG DILAKUKAN OLEH WARGA NEGARA ASING DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 6 TAHUN 2011 TENTANG KEIMIGRASIAN
Immigration is a matter of the traffic of people entering or leaving the territory of Indonesia and its supervision in the context of upholding state sovereignty. Immigration is a manifestation of implementing the enforcement of authority over Indonesian territory in the context of creating and maintaining order in the life of the nation and state in achieving a just and prosperous society based on Pancasila and the 1945 Constitution of the Republic of Indonesia. The current global dynamics are spurring an increase in the movement of the world community which results in various consequences, both those that provide benefits and those that cause harm to the interests and life of the nation and state of the Republic of Indonesia. In this case, the Directorate General of Immigration becomes the agency authorized to carry out tasks related to immigration. Furthermore, the provisions of Article 1 paragraph (6) of Law Number 6 of 2011 concerning Immigration state that: "The Directorate General of Immigration is an element implementing the duties and functions of the Ministry of Law and Human Rights in the field of Immigration.â€ In the context of carrying out immigration control, Immigration officials carry out the Immigration Intelligence function. The provisions of Article 74 of Law Number 6 of 2011 state that "To carry out the functions of Immigration Intelligence and immigration security and are authorized to obtain information from the public or government agencies; visit places or buildings where information is suspected to be found regarding the presence and activities of foreigners, carry out immigration intelligence operations; or safeguarding immigration data and information as well as safeguarding the implementation of immigration duties.â€ Keywords : Immigration, Immigration Supervision, Immigration Measures
KEPASTIAN HUKUM TERHADAP SERTIFIKAT HAK MILIK ATAS TANAH YANG TUMPANG TINDIH
Cases / disputes arising related to the sale and purchase of rights to land in the binding agreement on the sale and purchase of land. At the time of the sale and purchase transaction process the buyer has paid / submitted a sum of money in accordance with the agreement on the price of land to the seller, but the se ller did not immediately hand over the certificate of land rights he sold to the buyer. In this case the seller argues that the land certificate is lost, and is applying for the issuance of a new certificate at the Land Office. This study aims: (1) To describe the legal certainty of overlapping land titles, (2) legal certainty barriers to overlapping land titles.This type of research is a normative approach that is used to collect data through researching library materials and a case approach. The results of this study indicate that multiple certificate disputes occur due to administrative errors by the National Land Agency in terms of carrying out data collection or registration of land on a land object that results in the issuance of land certificates overlapping partly with someone else'sland. Based on the results of this study are expected to be material information and input for students, academics, practitioners, and all parties in need in the Faculty of Law, University of Pamulang. Keywords: Certificates, Overlapping, Disputes, Land.
PENERAPAN RESTORATIF JUSTICE SEBAGAI UPAYA PENYELESAIAN PERKARA TINDAK PIDANA PENCURIAN RINGAN
Restorative Justice is a way of solving criminal acts that focus on justice for the victim and perpetrator. Restorative Justice is the first time to enter Indonesia since 1960 with the term Restorative Justice. Where this Restorative Justice focuses on the behavior of criminal acts by rectifying or harmonization between the parties. The application of Restorative Justice is also stated in the fourth precept where the resolution of a problem is resolved in principle by deliberation and consensus in order to achieve justice for all parties. The legal basis for the application of Restorative Justice although not yet enacted but is poured in several regulations such as Police Regulation No.8 of 2021 on the handling of Criminal Acts Based on Restorative Justice and Prosecutor's Regulation of the Republic of Indonesia No. 15 of 2020 for Termination of Prosecutions Based on Restorative Justice. Law Enforcement of Minor Crimes through a Restorative Justice approach is regulated in the Police Institute with the issuance by the Chief of Police, namely The Chief of Police Regulation No. 7 of 2008 on Basic Guidelines for Strategy and Implementation of Community Policing in the Implementation of Police Duties. In this case, the regulation is an implementation of the Supreme Law (Perma) No. 2 of 2012 for Adjustment of Restrictions on Minor Crimes. Keywords : Restorative Justice, Criminal Acts, Supreme Court Regulation No. 2 of 2012
TINJAUNAN YURIDIS TENTANG KETERKAITAN NOTARIS MENGENAI PERBUATAN MELAWAN HUKUM DAN IKUT SERTA MELAKUKAN TINDAK PIDANA PEMALSUAN SURAT DITINJAU DARI UNDANG-UNDANG NOMOR 30 TAHUN 2004 TENTANG JABATAN NOTARIS
Notary is an official authorized to make authentic deeds as regulated in the law. Participation of Notary Officials in actions that result in losses to other parties, for negligence that has been committed by notary officials for forgery of deeds that can harm the other party. The problem in this study is what are the consequences of the notary's association with acts against the law and participating in committing crimes in forging letters? and how is the responsibility for the notary's link to acts against the law and participating in committing crimes in the forgery of documents. This study aims to determine the consequences of notary involvement regarding unlawful acts and participating in the crime of forging documents and notary responsibilities regarding unlawful acts and participating in the crime of document forgery. The method used in this study is a normative juridical approach, which uses a positivist legislature which states that law is synonymous with written norms made such as statutes, and legal and jurisprudential theories related to research problems. Especially with regard to Law of the Republic of Indonesia number 2 of 2014 concerning amendments to Law number 30 of 2004 concerning the position of Notary. Data collection techniques in this study were obtained by means of study documents/libraries in the form of legal materials related to the problem. Through data collection, data can be obtained which will then be analyzed according to the problem. The results found by the researcher indicate that the legal consequences for a notary who has committed the crime of document falsification, namely that the plaintiff/victim will suffer losses from the issuance of an authentic deed containing elements of false information from the notary. The fake authentic deed has been made and can be cancelled. Cancellation of an authentic deed has become the authority of a civil judge, namely by filing a civil suit to the court and according to the Notary Office Act (UUJN) can be subject to Administrative Sanctions/Violations of the Notary Professional Code of Ethics in the form of verbal, written warning up to dishonorable discharge from the Assembly Supervisors and Civil Sanctions article 1365 of the Civil Code concerning compensation. Criminal liability for a notary, if it is proven that the notary committed the crime of forging a letter, the notary is personally responsible for what is his/her duties and powers. With regard to criminal liability, a notary may be subject to the accompanying punishment provided for in Article 55 and Article 56 points (1) and (2), due to his negligence in forging letters committed by a notary worker. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceeding journals. Keywords : Counterfeiting, Criminal, Notary
Tinjauan Yuridis Penegakan Hukum Pelaku Tindak Pidana Aborsi Provocatus Ditinjau Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan
Abortion already needs attention through wiser arrangements to avoid unsafe abortion practices and fulfillment of women's reproductive rights as well as the human rights of women and children (fetus). The legalization of abortion needs to be considered more wisely, but not in the sense of liberalizing abortion. Even though abortion is legally prohibited, in reality abortions are still mostly performed by women for various reasons due to the fact that existing regulations and laws are not accommodating to the reasons that force women to have abortions. In article 75 paragraph (1) of Law Number 36 of 2009 concerning Health (hereinafter referred to as the Health Law) which states that everyone is prohibited from having an abortion. This violation also illustrates that basically every creation of God has the right to live and survive. In the Criminal Code (KUHP) in general the arrangements regarding abortion are contained in Article 299, Article 346, Article 347, Article 348 and Article 349 of the Criminal Code. These articles clearly and unequivocally stipulate the prohibition of having an abortion for any reason, including abortion for emergency (forced) reasons, namely as a result of rape, either for the perpetrator or for assisting in the abortion. Even with the sentence being doubled, if the one helping to do it is a medical expert. This research is based on the type of normative legal research. In this case normative research is carried out as a study of law as a norm, namely researching and studying objects against its legal principles, through a statute approach, as well as a juridical approach to sharpen the analysis of research legal materials which aims to find out the basic ideas , and laws and regulations governing the criminal act of abortion. The outputs targeted in this study are mandatory outputs in the form of national journals. Keywords: Abortion, Crime, Law, Law Enforcement.1 Tinjauan Yuridis Penegakan Hukum Pelaku Tindak Pidana Aborsi Provocatus Ditinjau Undang – Undang Nomor 36 Tahun 2009 Tentang Kesehatan
PERLINDUNGAN HUKUN BAGI INVESTOR DALAM TRANSAKSI TRADING FOREX
Legal protection for investors in forex transactions Forex Trading in Indonesia started since the 90s. Investment through online forex trading has many advantages, because transactions can be carried out for 24 hours, and the initial capital required is relatively small compared to other business with unlimited income potential. Online forex trading, including futures trading, an investment derivatives (derivatives) of the shares of investment products and the like are classified in trading on futures exchanges initiated by the commodity trading and index. Online forex trading has its own regulations in Indonesia because it is no longer the kind of investment securities in which regulation and supervision is done by a separate entity. The body which oversees the investment activities of forex online trading are: Supervisory Board and the Commodity Futures Trading (Bappebti), Jakarta Futures Exchange (BBJ), Jakarta Futures Exchange (JFX), Indonesian Derivatives Clearing House (KBI)
Analisis Yuridis Terhadap Perkawinan Campuran Menurut Undang - Undang Nomor 1 Tahun 1974 Tentang Perkawinan
Living together is one of the means to meet the needs of human life, both physical and spiritual needs. Living together between a man and a woman as husband and wife and fulfilling the legal provisions, this is what is commonly referred to as a marriage. Marriage is a very noble way to organize household life and offspring and get to know each other, so that it will pave the way for helping each other. Mixed marriage has penetrated all corners of the country and social classes. Based on the description of the background of the problems above, the author is then interested in making the theme of writing this law "Juridical Analysis of Mixed Marriages Foreign Male Citizens (WNA) Marry Indonesian Citizen Women (WNI) According to Law Number 1 of 1974". The impact or legal consequence of the mixed marriage is regarding the nationality concerned (wife/WNI woman) and also the citizenship status of the child. From a legal standpoint, a person's citizenship status determines his rights and authorities as a citizen. This study aims to find out what are the legal consequences of mixed marriages for mixed marriage actors, especially Indonesian Citizens (WNI) and what are the Child Custody Rights Due to Divorce in Mixed Marriages. The research method used in this study is a normative legal research methodin which the data sources used are obtained based on primary legal materials, namely Law Number 1 of 1974 and secondary legal materials such as books, journals and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords: Marriage, Citizenship, Nationality
PENEGAKAN HUKUM TINDAK PIDANA KEKERASAN DALAM RUMAH TANGGA BERDASARKAN UNDANG-UNDANG NOMOR 2 TAHUN 2004 PASAL 44 AYAT ( 1 ) YANG TERMASUK DALAM DELIK BIASA DAN PASAL ( 51 ) SAMPAI DENGAN ( 53) YANG TERMASUK DALAM DELIK ADUAN
Penelitian ini bertujuan untuk mengetahui bagaimana penegakan hukum dari tindak pidana kekerasan dalam Rumah Tangga. Sebagai tujuan untuk mengetahui penegakan hukum serta bentuk perlindungan hukum terhadap korban dalam kekerasan rumah tangga. kekerasan dalam rumah tangga merupakan tindak kekerasan pada perempuan yang seringkali tidak terlihat, seiring dengan kasus kekerasandalam rumah tangga yang semakin hari semakin meningkat, ada beberapa factor yang mengakibatkan terjadinya kekerasan dalam rumah tangga yaitu factor ekonomi, karena kebutuhan biologis, hak-hak isteri yang tidak diberikan oleh suami. Karena hal itu Pemerintah mengeluarkan undang-undang tentang penghapusan kekerasan dalam rumah tangga, dengan tujuan korban kekerasan dalam rumah tangga terutama perempuan diharapkan dapat memperoleh perlindungan hukum. Permasalahan yang timbul kemudian adalah bagaimana perlindungan hukum terhadap korban kekerasan dalam rumah tangga (KDRT) untuk mencegah tindak pidana kekerasan dalam rumah tangga perspektif hukum positif telah dijelaskan dalam UU RI NO 23 TAHUN 2004 tentang PKDRT menyatakan bahwa segala bentuk kekerasan merupakan pekanggaran HAM dan kejahatan terhadap martabat kemanusian, serta bentuk diskriminasi yang harus dihapus. Siapapun yang menjadi korban kekerasan dalam rumah tangga berhak mendapatkan perlindungan dari pihak keluarga, kepolisisan, kejaksaan, advokat, lembaga sosial lainnya baik sementara maupun berdasarkan penetapan perintah perlindungan dari pengadilan.
PERLINDUNGAN HUKUM BAGI KREDITUR DALAM PEMBATALAN HAK ATAS TANAH YANG TERIKAT DENGAN HAK TANGGUNGAN
This study belongs to a normative law research that is descriptive in nature. The type of data used was secondary data, that is, the one derived directly from the field or society, but through library study by studying and learning the book, literature, journal and internet data. The approach employed here was the one to law procedure, the research done in certain legislation or written law. Technique of collecting data used was library study while technique of analyzing data was the qualitative one. The result of law research shows that the form of law protection given to the creditor when the debtor commits the violation according to Act Number 4 of 1996 is the credit agreement written in the form of deed, both informal and authentic deed corresponding to the explanation of Article 10 of Act Number 4 of 1996, that the Bail right certificate publishing by the Land Affairs Officeas the evidence of the Bail Right, having the same executorial power as the judge’s decision with fixed power, if the debtor commits the violation, the creditor can ask for direct help from the Chief of Local First Instance Court to execute through public auction in order to get the debt payment. The interpretation of Act Number 4 of 1996 giving law protection to the creditor includes Article 1 number 1 about the preference right of a cred itor; article 6, article 14 clause (1), (2), and (3) as well as Article 20 clause (2) and (3) about the Bail Right execution; Article 11 clause (2) about the promise that should be included in the Bail Right Issuance Deed (APHT) to protect the creditor when the debtor commits violation, as well as the provision of article 7 about droit de suite principle stating that the bail right remain to guarantee its object although it has been transferred to the third party so that it will remain to guarantee the creditor credit payment. Keywords: Law protection, Bail Right, creditor, Act Number 4 of 1996
PERLINDUNGAN HUKUM TERHADAP KORBANTINDAK PIDANA PELECEHAN SEKSUAL DALAM PENEGAKAN HUKUM DIINDONESIA DITINJAU DARI PASAL 5 UNDANG-UNDANG NOMOR 31 TAHUN2014
Harassment is often perceived as deviant behavior, because the act forces someone to engage in a sexual relationship or establishes someone as an object of unwanted attention. That is, sexual harassment can be in the form of indecent behavior, such as touching vital body parts, and it can only be in the form of words or questions that are indecent. While the person who is the object of the touch or statement does not like it. This case of sexual harassment involving someone is of course interesting to raise at this time. The aim of this research is to find out the background of the causes of the occurrence of criminal acts of sexual harassment in Indonesia, law enforcement against perpetrators of criminal acts of sexual harassment in Indonesia, the perspective of legal protection given to victims of sexual harassment in Indonesia. Sexual harassment is an act that violates society's values, but there is no law that specifically regulates the crime of sexual harassment in this case, because the law does not specifically regulate criminal acts. Which can be dangerous for victims of criminal sexual harassment, especially women. Many women are victims of sexual harassment. To achieve this constitutional immunity, the government has also endeavored to provide true legal protection through preventive and repressive measures. The nature of the research used is analytical descriptive using normative juridical research, using secondary data. Then all data and information is processed using qualitative data analysis. Based on the results of the research, it is known that the facts of cases of sexual harassment in Indonesia are varied, as sexual harassment often occurs to women who are victims of it. Law enforcement against victims of criminal acts of sexual harassment in Indonesia is by providing a portion of law enforcement that distinguishes between perpetrators of crimes and victims of criminal acts of sexual harassment. The perspective of legal protection given to victims of sexual harassment in Indonesia is that victims have the right to be protected both before the trial is carried out, while being carried out they are entitled to their rights which are generally regulated in Article 5 of Law Number 31 of 2014 concerning Amendments to Law Number 13 of 2014. 2006 concerning the Protection of Witnesses and Victims, as well as the right to receive medical assistance, rehabilitation, compensation and restitution. Keywords: Legal Protection, Victims, Sexual Harassment.
ANALISIS PUTUSAN HAKIM TERHADAP SENGKETA PEMBATALAN PENDAFTARAN MEREK DALAM PUTUSAN PENGADILAN NIAGA SURABAYA NOMOR 08/HAKI/2007.PN.NIAGA SBY
Based on Law No. 15 of 2001 concerning Brands and Law Number 20 of 2016 concerning Brands and Geographical Indications explains that the role of brands is very important, especially in maintaining good business competition. The brand can be used as a tool to explain the origin of the product, know the quality of the product, as well the authenticity of the product. The problem of Intellectual Property Rights, especially in the field of brands, is a problem that will continue to develop following the development of the world of science. This can be seen from the increasing prevalence of crime, one of which is in the current trade sector. Where in the registration of the mark is filed by the Applicant in bad faith, where the mark has similarities in essence or in its entirety with the wellknown mark belonging to the other party for goods and/or the like. This study aims to determine what the legal consequences are for Brands that have been canceled by the Directorate General of Brands and Geographical Indications and to find out how the Surabaya commercial court judges consider in deciding case No.08/HAKI/2007/PN.Niaga Sby. The research method used in this study is a normative legal research method where the source of the data used is obtained based on primary legal materials, namely Court Decision No.08 / HAKI / 2007 / PN.Niaga Sby and secondary legal materials such as books, journals, and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords: IPR, Cancellation, Registration, Brand
PERLINDUNGAN HUKUM TERHADAP HAK KESEHATAN MASYARAKAT DKI JAKARTA TERKAIT ADANYA KEWAJIBAN VAKSINASI COVID-19 DITINJAU DARI PERATURAN DAERAH KHUSUS IBUKOTA JAKARTA NOMOR 2 TAHUN 2020 TENTANG PENANGGULANGAN CORONA VIRUS DISEASE 2019 (COVID-19)
The Covid-19 pandemic has created an emergency status in Indonesia. Through Presidential Decree Number 11 of 2020, Indonesia has announced a health emergency status. Various efforts have been made in order to overcome the impact of the Covid-19 pandemic. One of them is the vaccination effort. However, in the community there are pros and cons regarding the vaccination. A number of people refuse to be vaccinated. Therefore, this study will examine regulations issued by the government related to sanctions for someone who refuses vaccination, namely the Regional Regulation of the Special Capital City Region of Jakarta Number 2 of 2020 concerning Prevention of Corona Virus Disease 2019, in Article 30 of the DKI Jakarta Regional Regulation someone who refuses Vaccination is subject to Fine of 5 Million Rupiah. This regional regulation contradicts Law Number 36 of 2009 concerning Health. In Article 5 paragraph (30) which states emphatically that every person has the right to independently and responsibly determine the health services he needs, and explains whether vaccination is a right or obligation for the community and whether vaccine refusal can be subject to criminal sanctions. This shows that Vaccination, which was originally everyone's right, can become an obligation considering the current emergency situation in Indonesia. This is because someone who is not vaccinated 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 the health emergency conditions in Indonesia are getting worse. Keywords: Vaccination, human rights, DKI residents, responsibility, criminal sanction
PEMENUHAN HAK PENYANDANG DISABILITAS DITINJAU DARI PASAL 53 UNDANG-UNDANG NO. 8 TAHUN 2016 TENTANG PENYANDANG DISABILITAS DALAM MEMPEROLEH PEKERJAAN
The rapid growth and increasing density of the City of DKI Jakarta has resulted in an impact on the lack of available land and causes the need for land use to increase. Beaches are the country's natural resources and their management falls to the Regional Government. Work on the reclamation of the North coast of Jakarta is based on the Decree of the President of the Republic of Indonesia Number 52 of 1995 concerning reclamation of the North coast of Jakarta. In carrying out the reclamation of coastal areas, it must pay attention to the various impacts that will be caused by these activities. These impacts include environmental, socio-cultural and economic impacts. Environmental Impact Analysis is a study of the impacts that arise and is important in terms of making business or activity decisions that have been planned for the environment, so that they are needed as a decision-making process regarding the implementation of a business or activity. The close relationship between people and companies and the environment cannot be separated, so that every good, clean and healthy environment is a non-negotiable necessity for the benefit of all of us. In order to create good, clean and healthy environmental conditions, it is necessary to prohibit every person or company from carrying out a business or activity that may affect the environment. So that the environment can be managed properly according to its function. In order to protect the environment from damage, prohibitions in the environmental sector have been regulated in Law Number 32 of 2009 Article 69 which are intended for everyone, including companies. Keywords: Ministry of Environment and Forestry,
ANALISIS YURIDIS MENGENAI HAK DAN KEWAJIBAN SUAMI ISTRI DITINJAU DARI UNDANG UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
The birth of the Marriage Law Number 1 of 1974 is the government's attempt to guarantee basic human rights in achieving happiness in a family. The rights and obligations of husband and wife are regulated in the Marriage Law articles 30 to 34 which are then divided into 3 namely the joint rights and obligations of husband and wife, wife's rights or husband's obligations, and husband's rights over wife. Rights and obligations between husband and wife are rights and obligations arising from the marriage between them. This study aims to determine the rights and obligations together as a husband and wife in a household so that a happy and prosperous family is formed based on the One God and the position of husband and wife in balanced rights and obligations. This research is based on the type of normative legal research. In normative research, a review of the law is carried out on the norms or rules that apply in society and become a reference for the behavior of everyone who regulates marriage, especially regarding the rights and obligations of husband and wife in Law Number 1 of 1974 concerning marriage. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords : Wife's Rights, Husband's Obligations, Marriage Law, Family
TUNTUTAN GANTI RUGI AKIBAT DARI PERBUATAN WANPRESTASI (Studi Kasus Pada Perkara No. 43/ Pdt. G/ 2011/ PN. PBR)
Departing from Article 1313 of the Civil Code which reads "An agreement is an act in which one or more people bind themselves to one or more people" has been the laying of the first stone in which a person or a group of people against another person or a group of other people to agree in making an agreement that is legal in the eyes of the law based on Article 1320 Civil Code. The agreement that is formed is felt to have succeeded in implementing the law, but along the way, uncertainty has always been a frightening specter for the parties who have agreed, which is commonly called Default. Based on the phenomena that have occurred, we will conduct research that aims to examine the problems that occur in accordance with applicable laws. And this research will be based on the type of normative legal research that will carry out legal studies as norms and normative juridical approaches by examining literature or secondary data as a basis for research by conducting a search of regulations and literature relating to the issues raised. researched. Armed with this method, we will try to dissect the problem of default, from the formation of engagements and agreements to one of the parties breaking a promise, even to the point where the district court decides to execute and carry out a collateral confiscation. The outputs targeted in this study are mandatory outputs in the form of national journals and proceedings journals. Keywords:Agreemnt,Default,Engagemen
ANALISI YURIDIS TENTANG PERTANGGUNG JAWABAN NOTARIS DALAM PEMBUATAN AKTA BERDASARKAN UU NO. 2 TAHUN 2014 TENTANG PERUBAHAN ATAS UU NO. 30 TAHUN 2004 TENTANG JABATAN NOTARIS
A notary as a public official in carrying out his duties in making an authentic deed is obliged to act impartially (independently) to the parties so that the authentic deed made by the notary avoids legal problems, namely the lawsuit for the cancellation of the authentic deed, in relation to proving the certainty of legal rights and obligations. a person in public life, one of which is carried out by the role played by a notary. The importance of the role of the Notary in helping to create legal certainty and protection for the community, is more preventive in nature, or is preventive in nature from the occurrence of legal problems, by issuing the authentic deed. the provisions of Article 16 paragraph 1 UUJN No. 2 of 2014 concerning amendments to UUJN No. 30 of 2004. The imposition of sanctions on notaries who take sides is regulated in UUJN, notary code of ethics and Permenkumham no. 61 of 2016 concerning the procedure for imposing administrative sanctions on the notary who is taking sides. The problem in this study is how the legal criteria act impartially for a notary in carrying out his duties and obligations to make an authentic deed based on UUJN no. 2 of 2014 and the notary code of ethics. The purpose of this study is to find out how the Notary is responsible if he commits an unlawful act or mistake in making an authentic deed and legal protection for the Notary against the deeds he made related to the Notary's responsibility, in the form of Administrative and Civil liability. The research method used in this analysis is a normative juridical approach which examines laws and regulations, legal theories and jurisprudence related to the discussion in this analysis. Normative legal research is research that emphasizes the use of written legal norms which can be in the form of books, theses, laws, and library literature related to the authority of a Notary to make authentic deeds based on Article 15 of Law Number 2 of 2014 regarding amendments to the UUJN. This can be used so that the Notary's liability can be known if the deed made by the Notary is deemed to be detrimental to the party who has an interest in the deed made by the Notary. alone. Keywords : Notary as a Public Official, UUJN, Authentic Deed, Notary Accountability
INJAUAN YURIDIS TERHADAP WANPRESTASI JUAL BELI TANAH BERDASARKAN KITAB UNDANG-UNDANG HUKUM PERDATA ( STUDI KASUS PUTUSAN PENGADILAN NEGERI NOMOR 9/PDT.G/2017/PN.CLP )
The purpose of this article is to analyze and find out the legal protection offered to the parties to the contract in connection with the purchase and sale . The legal protection given to one of the parties to the contract contained in the contract if the contract expressly states it in the terms and agreed in the contract. non-contractual laws in the applicable laws and regulations, namely civil law and legal provisions. Legal protection is important to ensure the fulfillment of legal rights. In addition, the legal protection provided has other objectives: legal certainty, legal benefits, and the realization of justice for the parties. The legal protection provided can be preventive (prevention) or repressive (remedial). A contract entered into for the purchase and sale of land below establishes a legal relationship between the two parties who create it. The legal relationship itself is a relationship that produces legal consequences guaranteed by law or by law. Legal actions that are determined as legal consequences must be protected by law, especially in cases that occur between the parties. Because land disputes can arise after the land sale and purchase agreement is agreed, there should be no settlement and certainty in the settlement of existing disputes or may arise after the agreement is agreed. Legal protection is needed for transparency and transparency. Keywords: Legal Protection; Under-hand Agreement; the sale of Land
KEDUDUKAN DAN HAK WARIS ANAK ANGKAT ATAS HARTA ORANG TUA ANGKAT BERDASARKAN HUKUM ISLAM, ADAT, DAN PERDATA (Ditinjau Dari Putusan Mahkamah Agung Nomor 32 PK/Ag/2018)
The existence of a child is the most coveted thing for many people. Children are the successors to the family lineage and are the hope for their parents when they are old. The family will feel perfect if it is composed of father, mother and their children. But there are times when some people cannot have a perfect family because they have not been given a gift by God, namely in the form of children. Usually for families like this they choose to adopt where the child adoption process itself must be carried out based on existing legal regulations. The process of adopting a child results in new legal provisions, if a disaster occurs and results in the death of the adoptive parent it will occur. Social changes regarding changes in the assets left behind. Furthermore, an adopted child has the opportunity to get a mandatory will. Execution of the will does not require proof that the will was said or desired, but its implementation is based on legal reasons justifying that the will must be carried out. This research seeks to compare three legal systems regarding the status of adopted children. Based on this research using a juridical-normative approach, it is concluded that the position of an adopted child in the Islamic legal system does not break the blood relationship between the adopted child and his biological parents so that the adopted child does not become the heir of his adoptive father except through the obligatory testament of not more than of 1/3 part. In positive law it is stipulated that adopted children obtain the same position as biological children of the adoptive father so that adopted children become heirs of adoptive parents because of adoption, all civil relations that stem from birth are severed (between the child and the biological parents). Whereas in customary law the position of adopted children depends on the jurisdiction, because several customary areas in Indonesia differ in determining the position of adopted children. Keywords : adopted children, adoptive parents, heirs
KEKUATAN HUKUM DALAM PERJANJIAN PENGIKATAN JUAL BELI TANAH BERDASARKAN UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN POKOK-POKOK AGRARIA
In order to realize the state's goals based on Law number 5 of 1960 concerning Basic Agrarian Regulations regarding legal certainty on land, in this case the government carries out land registration. On land that has been registered and given proof of land rights which is strong evidence in Indonesian law regarding land ownership. In land registration, the proof of ownership of land rights is a certificate of land that has stronger material rights, not girik which is proof of ownership of land rights, but proof of payment of taxes on land. Land as an agrarian resource, in addition to providing benefits to society but land can cause cross-sectoral problems in economic aspects, socio-cultural aspects, political aspects, and legal aspects, land is also a source of natural wealth on land which is believed to be a concrete manifestation of one of the basis of national development. In land matters, in general, many people do not understand the process of land registration and the transfer of land rights. In Indonesia there is still a small number of land that has been registered or land that is certified due to a lack of public understanding of the benefits and functions of land registration. This requires discussion or dialogue with the community about this, so that the community can register their land rights. Keywords: Basic Agrarian Regulations, Land Registration, Land Rights
PERLINDUNGAN HUKUM BAGI INVESTOR DALAM TRANSAKSI TRADING FOREX
Legal protection for investors in forex transactions Forex Trading in Indonesia started since the 90s. Investment through online forex trading has many advantages, because transactions can be carried out for 24 hours, and the initial capital required is relatively small compared to other business with unlimited income potential. Online forex trading, including futures trading, an investment derivatives (derivatives) of the shares of investment products and the like are classified in trading on futures exchanges initiated by the commodity trading and index. Online forex trading has its own regulations in Indonesia because it is no longer the kind of investment securities in which regulation and supervision is done by a separate entity. The body which oversees the investment activities of forex online trading are: Supervisory Board and the Commodity Futures Trading (Bappebti), Jakarta Futures Exchange (BBJ), Jakarta Futures Exchange (JFX), Indonesian Derivatives Clearing House (KBI).
ASPEK HUKUM PERLINDUNGAN KONSUMEN TERHADAP TINDAK PIDANA PENIPUAN DALAM TRANSAKSI ELEKTRONIK (E-COMMERCE)
The development of computer, telecommunications, and information technology has driven the increase in internet transactions worldwide. Large companies are increasingly using internet facilities. However, there are problems that arise from the benefits and convenience that can be obtained, including criminal law policies that regulate consumer protection in online buying and selling transactions in Indonesia, the implementation of law enforcement against online buying and selling fraud, and the challenges faced by law enforcement in the implementation of criminal protection for consumers in online buying and selling transactions. On the other hand, the normative juridical approach is used to find secondary data related to criminal legal protection in the issue of online buying and selling transactions. The discussion of criminal law policies that regulate consumer protection in online buying and selling transactions in Indonesia can be found in the ITE Law, PK Law, KUHP, and Law No. 7 of 2014 on Trade. Then, regarding the implementation of law enforcement against online buying and selling fraud, it can be done by reporting to the police for further processing and referral to the court. Legal rules are made to anticipate this, but the existing rules do not seem to reduce such crimes, but rather they have increased. This study aims to: first, to find out the enforcement of law against e-commerce based fraud crimes; and second, to find out the inhibiting factors in the enforcement of criminal law against e-commerce based fraud crimes. This study was conducted using the normative juridical method through a literature study by reviewing secondary data including legislation, research results, scientific journals, and references. Keywords : E - Commerce, electronic transactions, UU ITE
ANALISA HUKUMAN PIDANA MATI DALAM PERSPEKTIF HAK ASASI MANUSIA DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP) DAN UNDANG-UNDANG NO. 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA
In the Indonesian legal system, the death penalty is one of the principal crimes listed in article 10 of the Criminal Code. The death penalty which is still enforced in Indonesia raises debate from various elements of society. The debate was divided into groups pro death penalty (retentionists) and groups against the death penalty (abolisionists). Those who oppose the death penalty view that the imposition of capital punishment is very inconsistent with the Indonesian Constitution which guarantees everyone's right to life. Philosophically, the right to life is the supreme right (the supreme rights) and natural because it is a right given by God to human beings. In this case, the opposing party strongly opposes the death penalty which is not in accordance with human rights as formulated in the 1945 Constitution, specifically Article 28 A which explains that every person has the right to live and has the right to defend his life and existence. While those who support, the death penalty is an effective punishment and provides a deterrent effect on the perpetrators of crimes and a deterrent effect on those who want to commit these crimes, so that the crime itself can be prevented by imposing the death penalty. Keywords : Death Penalty, Human Rights, Retentionists, Abolitionists
IMPLEMENTASI TERHADAP PERLINDUNGAN HUKUM HAK CIPTA ATAS KARYA MUSIK DAN LAGU DALAM HUBUNGAN YURIDIS DENGAN PEMBAYARAN ROYALTI
In legal protection for creators of music and songs, including how to obtain their rights (Royalties) based on Law no. 19 of 2002 concerning Copyright. To obtain recognition for STUDENT RESEARCH PROPOSAL FOR ACADEMIC YEAR 2022/2023 for copyrighted works and to have rights arising from their creations, a person must first register his creation (Original) with the Minister of Justice and Human Rights through the Directorate General of Intellectual Property Rights, and after receiving a decision at registered in the Public Register of Works and announced in the Supplement to the State Gazette of the Republic of Indonesia. Since then the creator has exclusive rights and other rights over his creation and other people are obliged to respect it, so that other people cannot arbitrarily act on behalf of creations that are not actually his creations, if other people who are not entitled to the said work deliberately commercialize it by self-benefit purposes, then the person violates the law and can be prosecuted civilly and criminally, with the intention that there is a deterrent effect for those who violate UUHC. When creators have enriched the user community (Users) through their creations, therefore creators have the fundamental right to obtain rewards commensurate with the value of their contributions through royalty payments. In practice in Indonesia, the administration and collection and payment of royalties for the works of music and song creators are carried out by the Karya Cipta Indonesia Foundation (YKCI). Keywords :copyright,royalties,music
ANALISIS PERLINDUNGAN HUKUM TERHADAP KONSUMEN DALAM PINJAMAN ONLINE
Technological advances in society have increased quite rapidly, starting from electronic goods to applications that have been made by most people to make it easier to access the things they want. The breadth of technology that is being spread by these people has a lot of things that can be called Legal and also Illegal, where these things can steal information or provide services to the wider community but have not been registered as safe or registered by the Government. The community has also just been hit by a pandemic that lasted quite a long time which resulted in many people being disconnected from their previous jobs and until now there are still not many job vacancies where the community's unemployment rate has increased quite a bit and their daily needs must be met for their families. Therefore, many people are starting to try to make online applications where the application provides online money Lending services to the public by only needing to show their identity in the form of an ID card and their face photographed. However, there are a lot of companies that are not registered with the Financial Services Authority (OJK), where the company is considered illegal or the negative impact of online money loans is that one cannot be sure whether the identities of the customers who make loans can be properly maintained or not. This study aims to provide an overview of online money loans that are starting to circulate widely in the community to find out whether legal protection is guaranteed for companies that provide these services. Keywords : Legal Protection, Online loans, Fintech, Peer to Peer Lending
Tindak Pidana Mengeksploitasi Anak Orang dengan Memudahkan Perbuatan Cabul sebagai Mata Pencaharian (Analis putusan no.296/PID.B/2018/PN ptk)
The Crime of Exploiting People by Facilitating Obscene Acts as Livelihoods (Decision Analysis No. 296/PID.B/2018/PN PTK). In Indonesia efforts to deal with the problem of human trafficking have been regulated in Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons. This law prohibits all actions, methods or all forms of exploitation that may occur in the practice of trafficking in persons. Both carried out within the territory of the country and between countries. Low level of economy, education, and psychological situation are the main causes of trafficking in persons. In Indonesian criminal law, the principle of "lex specialis derogat lex generalis" applies. This is to ensure legal certainty for law enforcement officials in implementing a statutory regulation. In the case of Decision No. 296/Pid.B/2018/PN Ptk, the Public Prosecutor charges Article 296 of the Criminal Code, even though Law Number 21 of 2007 concerning the Eradication of the Crime of Trafficking in Persons has also been regulated. The formulation of the problem in this study is, How is the crime of exploiting people by facilitating obscenity in the Criminal Code and Law Number 21 of 2007 concerning the Crime of Trafficking in Persons as a Livelihood? and Is it fair to use Article 296 of the Criminal Code as a basis for prosecution and consideration of judges in Decision No. 296/Pid.B/2018/PN Ptk? The method used in this research is normative juridical research. The normative research method is data collection that will be carried out by examining library materials which are secondary data which is also called library law research. The Panel of Judges applied Article 296 of the Criminal Code to the application of the Criminal Act Regarding Exploiting People to Facilitate Obscene Acts as an 'Inappropriate' Livelihood, because it does not fulfill the element of justice for Society in general and for Victims in particular. If it is not in accordance with the principle of lex specialis derogat lex generali, the fulfillment of justice for victims and society will be neglected. Because one of the objectives of law is legal certainty, this is based on the legal principle lex specialis derogat lex generali, this principle states that special rules override general rules. Keywords : The Crime of Exploiting People, Facilitating Obscene Acts, and Livelihoods
UPAYA PERLINDUNGAN HUKUM TERHADAP KORBAN KEKERASAN DALAM RUMAH TANGGA DITINJAU DARI UNDANG UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA
Domestic Violence (KDRT) is a classic problem in the world of law and gender. Even though the legal umbrella to protect victims from domestic violence already exists, namely Law Number 23 of 2004 concerning the Elimination of Domestic Violence, this has not been enough to anticipate this violence, in this case the need for legal attention and protection from both the government, law enforcement officials, as well as from the community so that it is hoped that everyone who hears, sees, or knows about the occurrence of domestic violence is obliged to take preventive measures and provide assistance. Actually, what are the causes and what kind of protection for women victims of domestic violence is regulated in Indonesian positive law. From this background several problems can be put forward, namely what factors lead to the occurrence of criminal acts of domestic violence and how the law protects women victims of criminal acts of domestic violence and efforts to overcome them. A discussion of these issues requires a research method, while the research method used in this study is a normative legal research method where the source of the data used was obtained based on primary legal materials, namely court decision number 1914/pid/sus/2020/PN Tng and legal materials secondary, such as books, journals and so on. The fees targeted in this study are mandatory fees in the form of accredited national journals. Keywords: Violence, Household, Domestic Violence
PERLINDUNGAN HUKUM TERHADAP KORBAN PELANGGARAN HAM BERAT DALAM SISTEM PERADILAN PIDANA
Legal protection for victims of gross human rights violations is considered by some groups as a subject that receives sufficient legal protection by including the rights of victims in several laws and regulations. This is a form of new breakthrough in the context of providing legal protection to victims. The problem of legal protection for victims of gross human rights violations is a very basic problem because it involves the problem of protecting human rights in general. The basis for the need for legal protection for victims of gross human rights violations is: Philosophically, to be treated fairly and live in prosperity is the basic right of every human being as a member of society and a citizen. The State Constitution as well as in Law Number 39 of 1999 concerning human rights, therefore, legally speaking, victims are also obliged to be treated as befits human beings. sociologically victims have a very important role in the context of solving cases of gross human rights violations. However, in practice victims are still unable to do much in order to fight for their rights and there is even a tendency for victims to become victims again in the administration of the criminal justice system. Therefore, protection for victims of gross human rights violations is very urgent. Regulating the rights of victims of gross human rights violations in statutory regulations has indeed begun to be carried out, however, there are still many weaknesses. Even though legally the legal protection for victims of gross human rights violations has been regulated in law, at the implementation stage it has not yet been implemented in accordance with the applicable laws and regulations. This can be seen by examining the process of administering justice in cases of gross human rights violations that occurred in Indonesia, namely the cases of East Timor, Tanjung Priok and Abepura. In this case, it shows that at the implementation stage in the process of resolving cases of human rights violations in the criminal justice system, it still does not provide protection for victims of gross human rights violations. In order to formulate the concept of legal protection for victims of gross human rights violations in an effective criminal justice system, it is necessary to refer to the above declaration so that legal protection for victims of gross human rights violations in the criminal justice system in the future will be better and more effective, namely by revising the procedural law. punishment for the settlement of cases of gross human rights violations as per the procedural law contained in Law Number 26 of 2000 concerning Human Rights Courts. The revision in question is a revision related to more complete rules regarding procedural law which no longer refers to the provisions of Law Number 8 of 1981 concerning the Criminal Procedure Code, because the settlement of cases of gross human rights violations has a different character from ordinary criminal law violations. Keywords : Victim Protection, Serious Human Rights Violation
Humans are also called social beings, because humans have a nature that always wants to interact with each other, and humans cannot be alone because humans basically have deficiencies and limitations.So humans are destined to need each other. In the process of development, humans continue their kind and need a life partner who can give birth to offspring according to what they want. Marriage is important for humans because through marriage a person will obtain a balance of life physically, psychologically and socially. Marriages are usually performed by adults, regardless of occupation, religion or race. Early marriage is still common in Indonesia. Early marriage or underage marriage causes the decline in the educational, reproductive and economic functions of the family itself. In fact, this changesthemeaning of the sacredness ofmarriage,so thatitis easy for divorce to occur which in the end affectsthe future ofthe child victim of the act of marriage-divorce. The rise of underage marriagesin public life prompted the government to issue a policy to increase the age limit for marriage in the Marriage Law Number 1 of 1974 concerning Marriage to Law Number 16 of 2019 concerning Amendments to the Marriage Law Number 1 of 1974 concerning Marriage. So that the government's efforts should be able to reduce this phenomenon, not increase it. The age limit for marriage can be caused because marriage requires physical and spiritual maturity in order to achieve harmony for the purpose of marriage, namely creating an eternal family. In general, underage marriages are not harmonious because they are not ready to bear the burdens of life and responsibilities as parents, so there is a possibility of marital disharmony or ending in divorce. Therefore, the purpose of this studywas to determine the social impact of underage marriage. Because marriage requires physical and spiritual maturity in order to achieve harmony for the purpose of marriage, which is to create an eternal family. Keywords : underage marriage, marriage-divorce, law no. 1 year 1974
PENCEGAHAN DAN PENANGGULANGAN PERUSAKAN DAN PENCEMARAN LINGKUNGAN HIDUP DITINJAU DARI UNDANG – UNDANG NO 32 TAHUN 2009
Humans and the environment are essentially a building that should reinforce each other because humans are very dependent on the environment while the environment also depends on human activities. However, from a human perspective, the environment is passive, while humans are active, so the quality of the environment is highly dependent on human quality. Environmental crimes are not only a national problem, but have become a problem between countries, regionally and globally. The world is getting smaller, relations between countries are getting closer and there is dependence between countries with one another. The consequences arising from environmental problems have sometimes crossed national borders, in the form of river water pollution, air emissions, forest fires, oil pollution at sea, and many others. Likewise, processes arising from the utilization of Natural Resources (SDA) will also have an impact on environmental destruction. Keywords: Humans, Environment, UU PLH
PEMBERLAKUAN SYARIAT ISLAM DI ACEH TINJAUAN YURIDIS UNDANGUNDANG NO 44 TAHUN 1999 TENTANG PENYELENGGARAAN KEISTIMEWAAN PROVINSI DAERAH ISTIMEWA ACEH
Islamic law in Indonesia is a regulation taken by the revelation of Allah and the hadith of the Prophet which is formulated in the four products of Islamic legal thought, jurisprudence, fatwas ofscholars, court decisions and laws which are understood and obeyed and enforced by all Muslims in Indonesia. . The systematics of Islamic law are: Al-ahkam al-ahwal syakhsiyah (individual law), Al-ahkam al-madaniyah (material law), Al-ahkam al-jinayah (criminal law) Al-ahkam al-murafa'at (procedural law civil, criminal, and state administrative justice) Al-ahkam al-dusturiyah (state administrative law), Al-ahkam al-dauliyah (international law), and Al-ahkam al-iqtishadiyah wa al-maliyah (economic and financial law). This understanding of Islamic law can be divided into two meanings: in a broad sense, Islamic law includes all areas of law that have been prepared according to the rules of the fiqh experts in their fiqh opinions regarding the problems of theirtime, or what they predict will happen later, by taking the proposition - the argument comes directly from the Qur'an and al-Hadith, or legal sources such as: ijma', qiyas, istihsan, istish-hab, and maslahlh mursalah. Of course, the application of Islamic law in Indonesia cannot be separated from itsrelation to the existence of the specialregion of Aceh. In this area which later received special autonomy as the province of Nangroe Aceh Darussalam (NAD), aspirations regarding this issue seem more prominent and progressive like this because Aceh has special historical rights. In Article 18 B paragraph (1) UUD 1945 results of the Second Amendment, it is stated that; "The state recognizes and respects regional government units that are special or special in nature which are regulated by law". Keywords : Sharia, Islam, Autonomy
Joanna Beatrix Intan Augustine Sihombing
PENERAPAN SANKSI HUKUM PIDANA KEKERASAN DALAM RUMAH TANGGA TERHADAP ISTRI BERDASARKAN UNDANG UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA
Often acts of violence are called hidden crimes. so called, because both the perpetrator and the victim try to keep the act a secret from the public's view and Article 10 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence states that victims of domestic violence are entitled to protection from the family, police, prosecutors, courts, advocates, social institutions, or other parties The nature of the research used is descriptive, this type of research uses quantitative research, the type of research used is normative legal research, the data collection method used in this study is secondary data obtained through library research, the type of data used is secondary data, secondary data consists of primary legal materials and secondary legal materials. Article 44 paragraph (1):â€Everyone who commits acts of physical violence within the scope of the household as referred to in Article 5 letter a shall be sentenced to a maximum imprisonment of 5 (five) years or a maximum fine of Rp. 15,000,000.00 (fifteen million rupiah).â€ Meanwhile, the forms of violence contained in the PKDRT Law include physical violence (Article 6), psychological violence (Article 7), sexual violence (Article 8), and neglect of the household (Article 9). The protection expected by victims is protection that can provide a sense of justice for victims of domestic violence whose majority of victims are women. In principle, it is one of the phenomena of human rights violations so that this problem is a form of discrimination, especially against women and is a crime whose victims need protection from both government officials and the community. problems, especially regarding provisions in criminal law that require a criminal act to be prosecuted only because of a complaint. Keywords : Sanctions, Domestic Violence,.Verdict
KETENTUAN PEMENUHAN HAK ANAK LUAR KAWIN ATAS PENERIMAAN HARTA WARISAN DITINJAU DARI KITAB UNDANGUNDANG HUKUM PERDATA (Studi Kasus: Putusan Mahkamah Agung Nomor 334 PK/Pdt/2020)
This research was conducted to find out how the provisions for children out of wedlock are recognized according to the Civil Code and how the rights and position of children out of wedlock are recognized in inheritance according to the Civil Code. By using normative juridical research methods, it can be concluded: Every child born out of legal wedlock is a child out of wedlock. Based on the provisions of the Civil Code, children out of wedlock are considered to have no legal relationship with their parents if there is no recognition from the father or mother, thus if the child out of wedlock is recognized then he can inherit the inheritance from the parents who ackn owledge him. The form of child protection out of wedlock that can be recognized is based on Article 272 of the Civil Code, namely: "An outofwedlock child that can be recognized is a child born to a mother but who is not conceived by a man who is in a legal marriage bond with the child's mother." and does not include the group of children of adultery and incestuous children. The legal position of children out of wedlock in terms of the distribution of inheritance which is different from that of legitimate children is often found to be wrong. In this event, an error in the division of inheritance between legitimate and illegitimate children was still found in the case of the Supreme Court Review Decisi on Number 334 PK/Pdt/2020 dated June 23, 2020. Whereas the legal position of an illegitimate child who fulfills Article 272 of the Civil Code as a legitimate child has the same rights. Meanwhile, children out of wedlock who do not comply with Article 272 of the Civil Code can obtain legal protection in the form of receiving grants or testamentary grants. Keywords : children out of wedlock, Legal Standing, and Legal Protection
TINJAUAN YURIDIS TENTANG ANAK YANG BERKONFLIK DENGAN HUKUM DITINJAU DARI UNDANG-UNDANG NO.11 TAHUN2012 TENTANG SISTEM PERADILAN ANAK ANALISIS PUTUSAN NO.08/PID/B/2013/PN.Gst
The birth of Law Number 11 of 2012 It is formulated in Article 1 point 3 of the law, that what is meant by children are: "Children in conflict with the law, hereinafter referred to as children, are children who have reached the age of 12 (twelve) years, but have not 18 (eighteen) years of age suspected of committing a crime.â€ At this time, the limitation of a child who can be sued and compared with the applicable criminal acts in a court session is a child who is at least 12 (twelve) to 18 (eighteen) years old and has never been married. However, children at that age do not yet have adequate emotions as adults. Therefore, violations of applicable law can still be categorized as juvenile delinquency or juvenile delinquency. In order to realize a procedure for examining children in advance, several institutions and legal instruments regarding children are needed and can guarantee it based on justice, one of which is the law on governance. child examination. With the enactment of Law no. 11 2012 concerning Juvenile Court in which it regulates the procedure for examining children in the Court, is expected to be able to guarantee the protection of children's rights in the entire examination process based on the background, so the authors are interested in conducting research with the title "YURIDIC REVIEW OF DECISION NUMBER 08/PID/B /2013/PN-GST RELATED TO LAW NUMBER 11 OF 2012 CONCERNING CHILD CRIMINAL JUSTICE SYSTEMâ€ Keywords: Children, Premeditated Murder, Age, Death Penalty.
ANALISIS YURIDIS TERHADAP PENGUJIAN KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT (TAP MPR)
Law No. 12 of 2011 on the Formation of Legislations and Regulations reinstated the TAP MPR in the hierarchy of laws and regulations, which had previously been omitted. The return of the MPR TAP to the order of laws and regulations implies that the MPR TAP must not contradict the constitution as the highest legal basis. Due to considerations in Article 24C paragraph (1) of the 1945 Constitution of the Republic of Indonesia, the Constitutional Court refused to review the TAP MPR against the 1945 Constitution of the Republic of Indonesia. Until now, there has been no legal provision that more clearly regulates the review of the TAP MPR and the mechanism that resulted in the vacancy. The purpose of this research is to determine how the legal arrangements for the TAP MPR trial are deemed to be in violation of the constitution, as well as which state institutions have the authority to review the TAP MPR. The doctrinal legal research method (juridical-normative) is used in this study, and the data sources used are obtained from secondary data using primary legal material, namely the Decree of the People's Consultative Assembly, and secondary legal materials such as books, journals, and others. The doctrinal legal research method (juridical-normative) is used in this study, and the data sources are obtained from secondary data using primary legal material, namely the Decree of the People's Consultative Assembly, and secondary legal materials such as books, journals, and others. According to the findings of this study, there is no legal regulation governing the TAP MPR test, and no state institution is authorized to administer it. As a result, the TAP MPR must be equated with the Law in order for the Constitutional Court to conduct a review. Another policy is to amend the Republic of Indonesia's 1945 Constitution by granting the Constitutional Court the authority to review the TAP MPR. Keywords : TAP MPR, judicial review, hierarchy of laws and regulations
PENYALAHGUNAAN NARKOTIKA DI LIHAT DARI PERGAULAN DAN TINGKAH LAKU PADA REMAJA BERDASARKAN UNDANG-UNDANG NO.35 TAHUN 2009
Narkotics,, According to Article 1 number 1 of Law No. 35 of 2009 concerning Narcotics ('UU35/2009). Are substances or drugs derived from plants or non- plants, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain, and can cause dependence, which are differentiated into groups as attached in the Law -Invite this. Drug abuse is a human crime and an acute social problem that destroys the codes of social, national and state life. In Indonesia, abuse or dependence on narcotics is increasingly common. We can observe this in many print and electronic media where every day we can hear and read about the arrests of the perpetrators of the distribution and use of narcotics. BNN as the focal point in the field of prevention and eradication of narcotics abuse and illicit traffic (P4GN) pocketed the number of narcotics abuse in 2017 as many as 3,376,115 vulnerable people aged 10-59 years. Meanwhile, the number of narcotics abuse among students in 2018 (from provincial capitals in Indonesia) reached 2.29 million people. One of the groups in society that is prone to exposure to narcotics abuseis those who are in their teens aged 15-35 years who are millennials as the next generation of the nation. Keywords : Narcotics, Teenager
ANALISIS YURIDIS PEMUTUSAN HUBUNGAN KERJA DENGAN ALASAN PERUSAHAAN DALAM PENUNDAAN KEWAJIBAN PEMBAYARAN UTANG
Postponement of Debt Payment Obligations is a reaction of the debtor to the application for bankruptcy from the creditor. This research explains the form of legal protection for workers in the event that the company experiences insolvency and delays in debt repayment obligations. This research uses a type of normative regulatory research using legal and conceptual approaches. Data sources in the study used primary and secondary legal materials. Qualitative methods are used to analyze the data in drawing conclusions. The end of this discussion explains the rights obtained by workers when the company is in a state of postponement of debt payment obligations regulated in the Regulation on Manpower and legal remedies for workers to obtain their rights in connection with the company's obligations related to insolvency and the postponement of the obligation to pay debts by filing PKPU so that debtors can submit a reconciliation plan by making an offer of debt repayment against Creditors. Keywords: Layoff, Postponement of Debt Payment Obligationsa, Job Creation
TINJAUAN YURIDIS PEMBAGIAN HARTA BERSAMA PADA PERKAWINAN CAMPURAN DI INDONESIA BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 1974 TENTANG PERKAWINAN
Marriage of different nationalities or often said to be a mixed marriage is a phenomenon in Indonesia. There are several organizations in Indonesia whose members are spouses of different nationalities. The distribution of property is the most important thing in carrying out mixed marriages, as an effort to avoid loss of property rights as a result of mixed marriages. 1974 concerning Marriage, the purpose of this research is to find out the legal arrangements regarding mixed marriages, to find out the arrangements for joint assets in mixed marriages, and the legal consequences for the distribution of assets in mixed marriages. The research method that the author uses is normative juridical research whose research is based on primary and secondary data, where primary data is sourced from legislation, which in this study is sourced from the Civil Code, Marriage Law, and Compilation of Islamic Law, while secondary data is based on in books, articles and journals related to research on the juridical review of the division of mixed marriage assets before and after marriage in terms of positive law in Indonesia. The results of this study indicate that legal arrangements regarding mixed marriages can be seen in Staatblad 1898 number 158, Law No. 1 of 1974 concerning Marriage and International Private Law, Joint assets in mixed marriages are assets acquired or produced by husband and wife after the marriage. If an Indonesian citizen woman marries a foreign national, there will be a mixture of assets, so that the provisions of Article 21 paragraph (3) of the Basic Agrarian Law apply, namely the obligation to relinquish her rights, namely land to Indonesian citizens within 1 (one) year. The legal consequences of the distribution of assets in mixed marriages involving Indonesian citizens are actually very difficult to determine because they involve two different national laws, so that if a divorce occurs without making a marriage agreement, the distribution of assets returns to the respective national laws. Keywords: Mixed Marriage, Citizenship, Joint Property
KAJIAN NORMATIF PERTANGGUNGJAWABAN PIDANA TERHADAP JAKSA YANG MELAKUKAN TINDAK PIDANA KORUPSI SERTA DASAR PERTIMBANGAN HAKIM TINGGI MENGUBAH DAN MEMPERBAIKI AMAR PUTUSAN DALAM KASUS SUAP PINANGKI SIRNA MALASARI (Putusan Nomor : 10/PID.TKP/2021/PT.DKI)
In compiling this report, there is a goal to be obtained from an existing problem where the aim is to find out, as well as evaluate the basis for the judge's consideration of the perpetrators of corruption in decision number 10/pid.tpk/2021/pt dki and to find out and analyze the form of the criminal responsibility that can be applied to perpetrators of corruption in the high court decision number 10/PIDsus-TPK/2021/PT.DKI based on law number 31 of 1999 the Corruption Eradication Commission. The type of research approach in this research is to use a case approach, namely a research approach in normative law. Which in this case is research by examining cases related to research materials that are decided by courts that have permanent legal force or inkracht van gewijsde. The basis for the judge's considerations in the decision 10/Pid.Tpk/2021/Pt Dki is to consider the element that the defendant Pinangki admits his guilt and is willing to be removed from his position as a prosecutor, has a child, and as a woman who needs protection. From these considerations there are elements of human rights and the protection of women, as well as the judge's considerations in view of the principles of justice and morality which can mitigate and alleviate the punishment of suffering. The criminal responsibility carried out by the defendant was in the form of imprisonment for having violated the code of ethics as a prosecutor based on law number 11 of 2021 and law number 16 of 2004 concerning the prosecutor's office of the Republic of Indonesia and also violated the law on corruption number 31 of 2004. 1999 concerning eradicating criminal acts of corruption and also law number 20 of 2001 concerning amendments to law number 31 of 1999 concerning eradicating criminal acts of corruption. Therefore, with this report, we hope to provide contributions and inputs in the development of legal knowledge and in practices that occur in the field. Keywords : Corruption; Decision; Criminal Liability.
UPAYA PENEGAKAN HUKUM TERHADAP KORBAN PERBUDAKAN MODERN YANG DILAKUKAN BUPATI LANGKAT NONAKTIF
This research is motivated by a case about human right. Human rights are rights that are inherent to every individual and cannot be contested because they are a gift from God Almighty (fundamental rights). human rights violations. One of them, namely slavery. Slavery is an act committed by individuals who have the power to forcefully employ people and take away their human rights. Perangin-angin published as the Langkat district head, his children, and his subordinates carried out slavery against people who were considered involved in social problems, they carried out this slavery by using their power and setting up cages under the guise of rehabilitation homes. They torture and forcefully employ people who are considered to have these social problems. This study aims to find out what kind of legal protection victims can receive and how important this human right is viewed. This study uses a normative juridical method, namely library research that uses principles, norms, and legislation as primary data sources and books, journals, and other scientific works as secondary data sources. Keywords : Human Right, Slavery, Crime
PERLINDUNGAN HUKUM TERHADAP PERJANJIAN KERJA WAKTU TERTENTU (PKWT) BERDASARKAN UNDANG-UNDANG CIPTA KERJA NO 11 TAHUN 2020 TENTANG CIPTA KERJA DAN PERATURAN PEMERINTAH NO 35 TAHUN 2021 TENTANG PEKERJA WAKTU TERTENTU, ALIH DAYA, WAKTU KERJA DAN WAKTU ISTIRAHAT, DAN PEMUTUSAN HUBUNGAN KERJA
The purpose of this study is to find out the changes in the content regulating fixed -term employment contracts and the concept of protection for PKWT after the enactment of the law number 11 of 2020 on job creation which is being revised normatively. With Government Regulation no. 35 of 2021 on fixed-term employment contracts, outsourcing, working hours, employment relationships and rest periods and termination of the employment relationship (PP No. 35/2021 amendments, one of which concerns the provisions and implementation of the contract specific-term employment contracts (PKWT). Employment contracts are classified into two types, namely fixed-term employment contracts (PKWT) and permanent employment contracts (PKWTT). Changes to these provisions cannot be seen solely as changes for the benefit of certain actors, in this case the employers or employers and workers or workers. Instead, it has to be seen from a broader perspective, especially from the point of view of legal certainty, which is a indicator of ease of investment, which is the main driver for the enactment of the Job Creation Act and its derivative regulations.Through regulatory legal research which examines the content contained in the Job Creation Act and its implementing regulations, the research findings are expected to become input to the government so that it is able to formulate regulations that provide legal protection to employers and workers. Keywords : Kata Kunci PKWT, CREATE WORK
PENYALAHGUNAAN NARKOTIKA DI KALANGAN MASYARAKAT DI TINJAU DARI UNDANG-UNDANG NO.35 TAHUN 2009 TENTANG NARKOTIKA
Plans to revise Law no. 35 of 2009 concerning Narcotics is increasingly finding a bright spot. The new round of revision is entering the stage of submitting the President's Explanation on the Draft Law on the Second Amendment to Law No. 35 of 2009 concerning Narcotics. Representing the President of the Republic of Indonesia, Minister of Law and Human Rights of the Republic of Indonesia (Menkumham), Yasonna H. Laoly, conveyed the President's Explanation on the Draft Law concerning the Second Amendment to Law No. 35 of 2009 concerning Narcotics. In his quote, Yasonna H. Laoly, conveys Law No. 35 of 2009 in its implementation has not provided a clear concept of addicts, abusers and victims of drug abuse. Equal treatment between addicts, abusers and victims of drug abuse with dealers is considered to cause injustice in their handling. This rehabilitation approach is a form of restorative justice, namely resolving criminal cases by trying to recover victims.Narcotics are substances or drugs derived from plants or non-plants, both synthetic and semi-synthetic, which can cause a decrease or change in consciousness, loss of taste, reduce to eliminate pain and can cause dependence which are differentiated into Narcotics groups in the annex Law 35 of 2009 concerning Narcotics.The Narcotics Law aims to guarantee the availability of narcotics for the benefit of health services and the development of science and technology. Prevent, protect and save the Indonesian people from drug abuse, eradicate illicit drug trafficking and ensure the regulation of medical and social rehabilitation efforts for drug abuse and addicts. This law establishes a national body, namely BNN. National Narcotics Agency as other laws in the regime at that time. Law Number 35 of 2009 concerning Narcotics was passed on October 12, 2009 in Jakarta by President Doctor Haji Susilo Bambang Yudhoyono. Law 35 of 2009 concerning Narcotics was promulgated by Menkumham Andi Mattalatta on October 12, 2009 in Jakarta. So that everyone knows, the Narcotics Law is placed in the State Gazette of the Republic of Indonesia of 2009 Number 143. Explanation of the Narcotics Law is placed in the Supplement to the State Gazette of the Republic of Indonesia Number 5062. Keywords : Abuse, Narcotics, Law 35 of 2009 concerning narcotic
TINJAUAN YURIDIS PERJANJIAN KERJA BERSAMA DALAM MENYELESAIKAN PERSELISIHAN HUBUNGAN INDUSTRIAL MENURUT UNDANG-UNDANG 2 TAHUN 2004 TENTANG PENYELESAIAN PERSILISAHAN HUBUNGAN INDUSTRIAL
The manpower sector in Indonesia requires more attention from the government, because there are many problems that arise as a result of differences of opinion between workers/labourers and capital owners. What is currently needed by workers/laborers as a forum for the struggle for prosperity is the organization of Trade Unions/Labour Unions. In terms of reaching an agreement between workers/laborers and owners of capital, it is a collective labor agreement. That in every dispute between workers/labourers and owners of capital, an agreement is often not found. Referring to Law No. 2 of 2004 concerning the Settlement of Industrial Relations Disputes, which basically sees the clause of collective labor agreements having the principle of lex specialis derogat legi generali. In the provisions of article 1338 of the Civil Code it states that "all agreements made legally apply as laws for those who make them. IT'S AIM IS TO FACILITATE workers/labourers to have a future of harmonious industrial relations with owners of capital. Keyword : worker/laborer, Collective labor agreement, Dispute.
TINJAUAN SANKSI PIDANA BAGI PENGGUNA DAN PENGEDAR NARKOTIKA DALAM PANDANGAN HUKUM DI INDONESIA PADA UNDANG-UNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
Drugs (Narcotics,psychotrophic and other addictive substance) can endanger in human life, if consumed in an inapproiate manner, can even cause death. Drugs have a very broad negative impact both physically , psychologically, economically, socially, culturally, defense and security, and so on. Many methods are used so that drugs user can return to normal and recover as usual. So that users and dealers in the provisions of the national criminal law are given severe sanctions. The research method is a literature study, the results is that cases locking up drugs have increased very sharply because there is no standarlized system for recording and reporting narcotics. Drug abuse is still a chronic problem tha befalls indonesia, case circulation of methamphetamine and the arrest of many international drugs dealer number of cases recent years are proof that indonesia is an a state drugs emergency. The Indonesian government precipitates the role and of the police and the National Narcotics Agency (BNN) in order to prever and eradicate drug trafficking in Indonesia. As for effort Drug prevention and eradication is carried out on three stages, namely first, preemptive namely prevention efforts that are carried out early. Second, preventive, which is an effort in its nature strategy and is a mid-term and long term action plan, but must implemented immediately. Third, repressive, is a counter measure that is law enforcement action that begun to be carried out by intelligence. Drug abuse that has been rife lately is not only carried out by Indonesian Citizens (WNI), but also by Foreign Citizens (WNA) who are involved not only from one country from one country but from several different countries with different modes and goals. Narcotics Law No. 35 of 2009 regulating narcotics which involves the existances of the Narcotics Law is the basic for law enforcements in order to guarantee the availabillity of drugs for the benefits of science, technology, health and also to prevent wars and dark wars on narcotics. How is the application of the Material Criminal law againts Narcotics Dealers in the Narcotics Law number 35 of 2009 Keywords : Drugs, Abuse, Dealers
SANKSI DAN AKIBAT HUKUM TERHADAP STATUS APARATUR SIPIL NEGARA YANG MELAKUKAN TINDAK PIDANA NARKOTIKA DITINJAU DALAM UNDANGUNDANG NOMOR 35 TAHUN 2009 TENTANG NARKOTIKA
This research discusses one of the narcotics crimes involving members of the police. Basically a member of the police is tasked with providing protection, security and protection for the community. However, in practice these police officers are involved in narcotics abuse. Even though we know that Narcotics are substances that are dangerous to life and can take the life of the user. Therefore, the consequences of using narcotics are not only bad for the users themselves but also directly or indirectly will affect the family environment, society and the country. So that Law Number 35 of 2009 concerning Narcotics is applied which explains the Narcotics. The purpose of this research is to find out the legal arrangements for narcotics crimes involving members of the police. To find out the causes of the involvement of members of the police in the abuse o f criminal acts of Narcotics, the policy of the Head of the National Police of the Republic of Indonesia in handling cases of criminal acts of Narcotics committed by members of the police, and criminal accountability for members of the police who are involved in the abuse of criminal acts of Narcotics. This research is a normative juridical legal research by considering legal principles and reviewed in Law Number 35 of 2009 concerning Narcotics. Based on the results of the research, the legal arrangements regarding Narcotics abuse are regulated in Law Number 35 of 2009 concerning Narcotics, because members of the police are also subject to general justice according to Article 29 paragraph (1) of Law Number 2 of 2002 concerning the Police, thus the Law The law also applies to members of the police who are involved in narcotics crimes. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceeding journals. Keywords : Narcotics, Police, Criminal Responsibility, General Courts.
UPAYA PERLINDUNGAN HAK CIPTA MUSIK DAN LAGU TERKAIT PEMBAYARAN ROYALTI BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
As copyright law no. 28 2014 on copyright poses a unique challenge to the creator or copyright holder of the works of songs which in the law have gained preventive protection, because the legislation that exists has not been able to guarantee the protection of exclusive rights. The songwriter's creator, the more the age of globalization has left behind copyright infringements based on meager knowledge and awareness of the law of ki especially copyright and a lack of public appreciation of the creator's rights or authority or copyright holder who receives legal protection. Under section 40 of the copyright law, that is to song or music with or without text is a creation that receives protection. The purpose of this study is to understand more about the importance of legal protection against the creator of musical and song works as well as how to obtain his rights (royalty) by 2002's statute of rights. The study was based on a normative-legal type of study. In normatif research there is a study of law as the norm, namely, examining and examining objects to its legal principles, by legislation approach (approach approach) to legislation, as well as a conceptual juridical approach to giving a viewpoint. Keywords : Copyrights, Royalty, Song
STUDI KOMPARATIF PASAL TINDAK PIDANA PENGHINAAN PRESIDEN DAN WAKIL PRESIDEN PADA KITAB UNDANG-UNDANG HUKUM PIDANA DENGAN RANCANGAN KITAB UNDANG-UNDANG HUKUM PIDANA PASAL 134 KUHP DAN 218 RKUHP
The birth of the RKUHP or Draft Criminal Code has generated a lot of controversy in the community, one of which is related to the article on insulting the president and vice president. Which, if later this RKUHP is passed, will replace the previous Criminal Code. In the previous article in the Criminal Code, insulting the president is contained in article 134, namely "intentional insult of the president and vice president is punishable by a maximum imprisonment of six years or a maximum fine of four thousand five hundred rupiahs". However, in the 2019 RKUHP draft in article 218 paragraph (1) to article 220 of the RKUHP it describes attacks on the honor or dignity of the president and vice president, which have drawn a lot of controversy both regarding their relevance to the times and related to being a limitation of criticism or democracy. This study aims to find out the relevance of the current developments regarding articles that are considered to be articles that limit every aspect of society to criticize, eliminate or reduce the freedom of different opinions on government policies. This research is based on the type of normative legal research. In normative research, a study of law is carried out as a norm, namely researching and studying objects against its legal principles, through a statute approach to laws, as well as a historical juridical approach to sharpen the analysis of research legal material that aims to find out the basis -the rationale, historical background of laws and regulations governing insults or attacks on the honor or dignity of the president and vice president as stipulated in the criminal law code and the draft criminal law code Keywords: contempt, freedom of expression and president and vice president
PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PENGGELAPAN DALAM JABATAN SECARA BERSAMA-SAMA DAN BERLANJUT (Analisis Putusan Nomor : 411/Pid.B/2019/PN Mks)
The background of this research is the existence of regulations in the Criminal Code (KUHP) regarding the crime of embezzlement which are regulated in Articles 372 of the Criminal Code to 377 of the Criminal Code. In this provision it is explained that the existence of rules regarding criminal acts of embezzlement regulated in Articles 372 of the Criminal Code to 377 of the Criminal Code can minimize the occurrence of criminal acts of embezzlement, because the existence of these criminal sanctions can reduce the existence of criminal acts of embezzlement. Also, criminals who are in prison will receive intervention in the form of education from various fields so that after serving their redemption period, it is hoped that criminals can return to live in society and no longer commit acts that violate the law. Therefore, the penitentiary is not only a place to convict someone. But also to foster or educate convicts, so that they have the ability to adapt to life outside the penitentiary. This is in accordance with the objectives contained in Law no. 12 of 1995 concerning Correctional Institutions, in addition to fostering inmates there is also the principle of equality before the law which is given to everyone so that they get equal treatment before the law. The goal is that inmates who have left prison can mingle with community life. This study raises 2 (two) issues related to the crime of embezzlement in office, namely first how the legal considerations of the Panel of Judges in passing a decision on the crime of embezzlement in office jointly and continue in the decision of the Makassar District Court No. 411/Pid.B/2019/PN Mks. Second, how is the application of criminal sanctions against criminal acts of embezzlement in office jointly and continuously in Makassar District Court No. 411/Pid.B/2019/PN Mks. This study uses a normative research method, namely the type of research that examines the principles, norms, rules of law and court decisions. The court decision used in this study is court decision Number: 411/Pid.B/2019/PN Mks related to the case of embezzlement in office jointly and continuously and other materials related to the issues discussed. After the data is collected, the writer then analyze s it using the prescriptive analysis method, which is an analysis method based on the collected data to get clues that ultimately draw conclusions. The results of this study are that in applying the law, the public prosecutor charged the defendant with Article 374 of the Criminal Code, namely embezzlement in office, in which the defendant fulfills the elements of his criminal responsibility, the authors agree with the panel of judges, namely granting the demands of the public prosecutor so that the defendant is declared legally proven and convinced guilty of committing the crime of "Embracement in a position committed by a person who controls the goods because there is a continuous working relationship" as regulated in Article 374 of the Criminal Code. The panel of judges in imposing a sentence of 2 (two) years in prison is considered light from the maximum sentence for the perpetrator of the crime of embezzlement in the position of Article 374 of the Criminal Code which is classified as a crime of embezzlement with weighting with a maximum penalty of 5 (five) years in prison. It is reasonable to suspect that the Judge in imposing sanctions on ONE AGUNG SANJAYA took a middling stance and used the judge's conscience with consideration of seeing the loss by PT. Juvenile Jaya Mobilindo Panaikang Branch and also the amount of money enjoyed by ONE AGUNG SANJAYA. This makes the author assume that the judge's juridical considerations in passing a decision on the crime of embezzlement in office are appropriate and will still be lacking in providing a deterrent effect for the perpetrators of the crime of embezzlement in office. Keywords : Criminal Sanctions, Embezzlement in Office
ANALISIS YURIDIS MENGENAI SENGKETA TANAH BERDASARKAN PUTUSAN PENGADILAN NO. 494/PDT/2016/PT.DKI
The higher the value of land prices in Indonesia, with the land of the land getting less and less, causing land disputes in Indonesia. With this, the problems of land disputes, the resolution of a dispute, both by litigation in the discussion of important considerations in making a decision. The importance of the judge's consideration in deciding a case so that justice can be felt by all parties to the dispute. This study aims to analyze the judges' considerations in deciding a land dispute case. Which includes factors from the judge's own judgment, and legal certainty over the status of land ownership according to Indonesian national law. The method used in this paper is the normative juridical method, with an approach through legislation and a case approach. The technique of collecting data is by studying literature obtained from 3 (three) legal materials, namely primary legal materials, secondary legal materials, and tertiary legal materials. The results of this study indicate that there are many factors and reasons for judges in making decisions. Everything in this land dispute case cannot be separated from the existing data and facts. Such as the subject, object, chronology of the case, the reasons of the plaintiff - the defendant, and many other things that can influence the judge's consideration in the decision of this land dispute case Keywords : Juridical Analysis, Judges' Considerations, Land Disputes, Court Decisions.
EMIDANAAN BAGI PELAKU TINDAK PIDANA PENCABULAN DALAM PERSPEKTIF KITAB UNDANG-UNDANG HUKUM PIDANA ANALISIS PUTUSAN NOMOR 833/PID/B/2018/PN.JKT.SEL
The study explains the problem of the application of the law to the abuser and the judge's consideration of the crime of the molester which results in a conviction of the perpetrators who are not yet in accordance with the rules. The study aims to know the application of the law to the matter in south Jakarta judicial decisions no. 833/ pid/b /2018/ pk. JKT. Cells and judge's consideration of the matter in lower Jakarta court decision number 833/ pid/b /2018/ pn. This method of study makes a type of normative study by making the book of penal law and the court ruling an object of study by case approach (approach approach) and the legislation approach (approach approach). Research shows that in case number 833/ pid/b /2018/ pn. Cells, the prosecutor formulates an alternative indictment, article 290 verses (1) article 281 (2) of the criminal code, but the judge in cutting the case selects and applies a second charge of article 281 verse (2) the criminal system by examining the trial of 3 witnesses, the expert based on the evidentiary visum et repertum number 177/ iv /PKT/05/2018 and the defendant's statement. Keywords: case approach, approach approach, public prosecutor
Penegakan Hukum Terhadap Tindak Pidana Pidana Penipuan Berbasis Transaksi Elektronik
The crime of fraud is currently growing following the times and technological advances. The rule of law is made to anticipate this, but the existing rules apparently do not make the criminal offence diminish but increase. This research aims to: first, to know the law enforcement against e-commerce-based fraud; and second, to know the inhibiting factors in criminal law enforcement against e-commerce-based fraud. This research was conducted using normative juridical method through literature study by examining secondary data including laws and regulations, research results, scientific journals and references. The results of the research illustrate that the criminal offence of e-commercebased fraud is in principle the same as conventional fraud, but the difference lies in the evidence or means of action, namely using electronic systems (computers, internet, telecommunications devices). Therefore, law enforcement regarding this criminal act of fraud can still be accommodated by the Criminal Code and Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Electronic Information and Transactions. Furthermore, obstacles in law enforcement against criminal acts of fraud based on electronic transactions are still influenced by five factors, namely legal factors, law enforcement factors, facilities or facilities that support law enforcement, community factors and cultural factors. Advances in information and communication technology today make it easier for people to provide and receive information. People can easily communicate without any distance, space and time limits. Along with the development of technology, the community is also required to be able to follow every development that is happening. The development of technology today is not just for the sake of establishing communication and socialising, but also leads to an unlimited world business network. The business network in question is on-line trading activities via the internet. Keywords: Crime of Fraud, Electronic Transaction
UPAYA PERLINDUNGAN HUKUM DALAM MENANGANI KASUS WANPRESTASI ATAS KERUGIAN KONSUMEN PADA TRANSAKSI JUAL BELI ONLINE1
Article 1320 of the Civil Code has stated that the legal requirements of an agreement are that those who bind themselves are capable of making an agreement regarding a certain matter and a lawful cause. Thus, it states that the agreement that has been agreed upon by the parties cannot be violated and is competent according to applicable law. Even so, consumer protection for online buying and selling agreements requires legality and legitimacy in every transaction made. Where in carrying out their duties business actors and consumers are involved in it, as consumers, they need an understanding of how the legal protection and validity of the agreement are in the event of default. This study aims to find out how legal protection is in handling default cases in online buying and selling transactions and being able to understand the validity of a contract agreement in online buying and selling transactions. The research method used in this study is a normative legal research method in which the data sources used were obtained based on primary legal materials, namely Law No. 8 of 1999 concerning consumer protection and Law No. 11 of 2008 concerning information and electronic transactions and secondary legal materials. such as books, journals and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords: Agreement, Legal Protaction, E-commerce
IMPLIKASI TERHADAP HAK CUTI REPRODUKSI BAGI PEKERJA WANITA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA DALAM KEMANFAATAN HUKUM
Legal protection for women workers regarding leave has been previously regulated by Law Number 13 of 2003 concerning Manpower which has been transferred to Law Number 11 of 2020 concerning Job Creation where this arrangement is one of the supporting factors for the protection provided to women workers. Formulation of the problem: (1) What is the legal protection for women workers regarding leave in Law Number 11 of 2020 concerning Job Creation (2) What is the effect of the loss of reproductive leave for women workers in Law Number 11 of 2020 concerning Job Creation. The research method used is normative legal method which consists of secondary data and primary data which is analyzed qualitatively. The results of the study: (1) The legal protection regarding leave that had been previously regulated in Law Number 13 of 2003 concerning Manpower has then been replaced by Law Number 11 of 2020 and derivative regulations 45 PP and 4 Presidential Regulations where the rights of women workers will be regulated in the work agreement. (2) The effect of the loss of reproductive leave will have a negative impact on the environment, occupational health and safety. Empowering and empowering the workforce must be carried out optimally and humanely. Keywords: protection, female workers, leave Keywords : Protection,famale workers,leave
ANALISIS YURIDIS TENTANG PUTUSAN PN JAKSEL ATAS DIPERBOLEHKANNYA PERNIKAHAN BEDA AGAMA (Analisis Putusan Nomor : 508/PDT.P/2022/PN JKT.SEL)
Marriage is a bond of agreement both social and legal between individuals that forms kinship relations and cultural unification so as to create relations between men and women. Marriage is a sacred and holy thing. Marriage is valid if it is carried out according to the laws of each religion and the beliefs of the partners. In Law Number 1 of 1974 concerning marriage, it is explained that "Marriage is a physical and spiritual bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family or household based on the One Almighty God." Therefore, the regulation of the marriage law is one of the most important things that forms the basis of the marriage between the two parties who bind themselves to become a couple. Marriage is a legal act and therefore whether a marriage is valid or not is determined by the applicable law (positive law). According to the Marriage Law Number 1 of 1974 Article 2 it says that: "Marriage is legal if it is carried out according to the laws of each religion and belief." Seeing from the context of the Islamic religion, the legal basis that is used as a reference in matters of marriage is regulated in the compilation of Islamic law. As written in Article 40 letter C and Article 44, interfaith marriages between Muslims and non-Muslims should not be carried out. The practice of interfaith marriage has been clearly and expressly prohibited in the provisions of the laws and regulations in force in Indonesia, but it is still being ignored by the panel of judges on the grounds that they may not prevent people from getting married because it violates human rights Keywords : Interfaith Marriage
TINJAUAN YURIDIS TERHADAP ANAK YANG MELAKUKAN TINDAK PIDANA PEMBUNUHAN
This research is motivated by Law Number 11 Years 2011 concerning the Juvenile Criminal Justice System. In this provision it is explained that Child protection is regulated in legal provisions regarding children, especially for children who commit criminal acts is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. Criminal cases involving a child, regardless of position as a victim or perpetrator, it often happens. The child is here in the position of the perpetrator, the intensity of his actions can already be said to be very high terrible and immoral. Child protection possible also interpreted as efforts aimed at preventing, rehabilitating, and empowering children who experience acts of violence (child abuse), exploitation, and neglect aim to guarantee normal survival and development of children both physically,mental and social. This research raises 2 (two) issues related to the punishment and protection of children who commit the crime of murder, namely first, how to resolve the crime of murder and sanctions against children who commit the crime of murder. Second, what form of legal protection is given to children who commit crimes murder crime. This study aims to find out how the settings Punishments and forms of legal protection are given to children who commit them murder crime. This study used qualitative research methods with a normative juridical approach, where data is collected to answer the problem formulation taken based on literature studies guided by laws and regulations, books, literature, articles or journal. journals and other materials relating to the issues discussed. The next stage after data processing is analysis Overall data, normative legal research is data analysis, data analysis used is descriptive qualitative, because The data collected is data in the form of words or descriptive obtained from documents in the form of laws and regulations related to invitations were analyzed qualitatively, namely subjective and interpretive and carried out by understanding and assembling data obtained and have been classified systematically and then a conclusion is drawn. The results of this study indicate that Law Number 11 of 2012 concerning the Juvenile Criminal Justice System states that child protection is regulated in legal provisions. regarding children, especially for children who commit criminal acts is regulated in Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Amendments or Law Number 23 of 2002 concerning Child Protection. Article 1 point 1 Law no. 35 of 2014 concerning Child Protection states that a child is someone who is not yet 18 years old, including the unborn child. System Act The Juvenile Criminal Court defines a child as a child who against the law, namely a child who is 12 years old, but under the age of 18 who are suspected of committing a crime. Every child has basic rights that need to be fulfilled, protected and protected by everyone, if the child gets into trouble as best he can possible to keep away from the realm of law, guard and protect too fulfill children's rights without exception. Keywords: Child protection, Juvenile Criminal Justice System, crime of murder
PENGKAJIAN HUKUM TENTANG PENERAPAN RESTORATIVE JUSTICE DALAM PENYELESAIAN TINDAK PIDANA YANG DILAKUKAN OLEH ANAK – ANAK
The concept of Restorative Justice as an alternative settlement of juvenile criminal cases. Restorative Justice is defined as a process whereby all the parties with respect to certain criminal act to sit together to solve problems and think about how to address the victims and the perpetrators of the law, still put forward the principle of the best interests of the child as well as the process of judgment is the last to remain not ignore the rights of children. If the legal process continues to the process of reporting to the police, the law enforcement essentially through diversion efforts undertaken by the police using discretionary authority. Discretion is is a diversion from the criminal justice process formally to non formal process to be resolved amicably. This approach can be applied to the settlement of cases of children in conflict with the law. It is based on the change of Act No.11 of 2011 replacement of Law No.3 of 1997 on Kids courts only protect children as victims and not the perpetrators, as the perpetrators of categorized children are still under age, his position is not equated with adult offenders. Keywords: Restorative Justice, Juvenile Justice
UPAYA PERLINDUNGAN HUKUM AKIBAT WANPRESTASI DALAM JUAL BELI ONLINE
The very rapid technological advances have resulted in progress in every field than before, especially progress in the trade sector, which has led to a transition towards digitization, namely buying and selling online. In online buying and selling transactions, it actually benefits business actors and consumers alike if the agreed agreement is carried out properly, but in reality there are still many business actors who are negligent in carrying out their obligations which result in losses to the consumer which can be considered a default. The validity of the agreement can be known based on article 1320 of the Civil Code regarding the legal requirements of an agreement. However, online buying and selling in laws and regulations do not absolutely regulate the validity of buying and selling online. In the research used by the author is a type of normative research, in which the source of the data used is obtained from primary legal materials, namely Law Number 8 of 1999 concerning consumer protection. The Civil Code is actually irrelevant for use in analyzing online purchase agreements. This happened because the Civil Code regulations were irrelevant in analyzing online buying and selling because this was made before the recognition that there was an online buying and selling agreement. If it is not in accordance with what was agreed upon, then a default occurs. In the settlement of default disputes, the consumer can take legal action using two methods, namely through litigation and non-litigation. Keywords : Buying and selling online, Wanprestasi, Legitimacy
ASAS KEPERCAYAAN DALAM TRANSAKSI JUAL BELI ONLINE DALAM PERSPEKTIF KUHPERDATA DAN UU NO. 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK
The increasingly widespread practice of online trading transactions (Ecommerce) in Indonesia makes it easier for people who want to shop for goods and services needed, butthere are many violations of consumer rights that open up opportunities for fraud from business actors or third parties regarding the security of personal data. which is guaranteed by the online shop owner so that it has implications for consumer protection. The purpose of this research is to find out the protection for users of online buying and selling services (Ecommerce) regarding the confidentiality of personal data and how shop owners resolve disputes related to consumer losses. The normative legal research method is used as a writing method which originates from statutory regulations and library materials. The results of this study indicate that consumer protection in buying and selling online using ecommerce is not clear because protection for consumers for losses received due to irresponsibility of E- Commerce business actors in paying off transactions has not been clearly regulated in the Consumer Protection Law. However, business actors who can be contacted can be held responsible for compensation. In Indonesia, there are two legal remedies that consumers cantake if they suffer losses in online trading transactions, namely by court or out of court (consultation, negotiation, mediation, or expert judgment) according to the agreement of each party. Keywords : Sale and Purchase Transactions, Legal Protection, Consumers
Yolanda Netty Cinta Putri Adi Winata Pratama
TINJAUAN YURIDIS TERHADAP PASAL 93 AYAT 2 UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN MENGENAI KETERLAMBATAN PEMBAYARAN UPAH PEKERJA
Wages are the main component in an employment agreement between employers and workers. The work agreement contains the amount of wages and when the wages are paid. If the wages are paid late at a predetermined time, the employer's right to receive wages is not properly fulfilled. The purpose of this research is to find out the factors that cause late payment of wages and to find out the role of the Department of Manpower as a law enforcement agency related to this case. The type of research used is normative legal research which focuses on people's behavior based on primary data and secondary data. Article 95 of the Manpower Act stipulates that employers who deliberately or negligently cause delays in payment of wages, are subject to a fine according to a certain percentage of the worker's wages. The implementation of sanctions is carried out by the local Manpower Office. Based on the analysis it was found that employers and the Manpower Office did not implement the provisions of the laws and regulations as they should. Wages as one of the main factors in an employment relationship are often not met properly by employers. It has been clearly stated in Article 95 paragraph (2) of the Manpower Act that employers who deliberately or negligently cause delays in payment of wages, are subject to fines in accordance with a certain percentage of the worker/labourer's wages. The working relationship between employers and workers has been regulated in Law No. 13 of 2003 concerning Manpower (Labor Law) and various other implementing regulations. Keywords : Worker, Late Wages, Legal Sanctions
TINDAKAN ABORSI DALAM PERSPEKTIF HUKUM ISLAM
Abortion is not just a medical problem or public health, but also the social problems that arise because people follow the Western civilization. But the solution must be comprehensive, fundamental, radical, which is essentially the attitudeâ€ taqlidâ€ to revoke the West with all the values and institutions of the West in conflict with Islam, and then replaced with the Islamic civilization is humane and fair. For women, abortion is a very frightening because it related to someone living dead. However, under certain conditions, women in a dilemma, love or grief? Continue to maintain trust God, or must be prepared to suffer? Islam is a religion of peace. He attended a reference to human safety. For that reason, Islam Syariat also very flexible and supple. Syariat Islam does not necessarily proscribe something that God has forbidden on certain conditions, but will still refer to the social conditions that encompass these problems. Keywords: Abortion, Women and Islamic Law
PENEGAKAN HUKUM PIDANA TERHADAP PELAKU PERJUDIAN ONLINE DALAM PERSPEKTIF UNDANG-UNDANG ITE PASAL 27 AYAT (2)
At this time, the development of rapid technology presents a fantastic opportunity for criminals to commit crimes. This betting wrongdoing has entered the web now known as internet betting. Online gambling requires knowledge of the factors that contributed to the occurrence of online gambling crimes and efforts to find a solution in order to reduce crime. In this study, the countermeasures are the issue, as are the factors that impede law enforcement efforts and how to deal with online gambling crimes. The purpose of this study is to learn more about the factors that influence law enforcement efforts and countermeasures against online gambling crime. Keywords: Law enforcement, crime, online gambling
PERLINDUNGAN HUKUM TERHADAP PENGGUNA APLIKASI E - COMMERCE YANG TERDAMPAK KEBOCORAN DATA PRIBADI DITINJAU BERDASARKAN UUD 1945 PASAL 28 G AYAT (1)
In the current era of technological development, technological and information innovation continues to develop, one example is E-commerce. However, in its implementation, there are still some weaknesses, one of which is in the cyber security system which regulates the protection of personal data belonging to Ecommerce users which results in the leakage of personal data. In addition, the absence of specific regulations regarding the protection of personal data has caused many problems related to the leakage of personal data. This is contrary to Article 28G paragraph (1) of the 1945 Constitution of the Republic of Indonesia (1945 Constitution of the Republic of Indonesia) which states that everyone has the right to personal protection. Along with this, there are concerns from media users Ecommerce applications regarding personal data stored by E-commerce application media companies, so more specific rules are needed regarding legal protection for E-commerce application users. The purpose of this research is to further examine the rules related to legal protection for users who are affected by personal data leaks on E-commerce media based on the agreement in the Terms and Conditions and related laws and regulations such as the ITE Law and its amendments, PP 71/2019 concerning the Implementation of Electronic Systems and Transactions, Government Regulation Number 80 of 2019 concerning Trading Through Electronic Systems, Minister of Transportation and Information Technology Regulation Number 20 of 2016 concerning Protection of Personal Data in Electronic Systems. The method used in this research is normative juridical research, with a statutory approach. Collection of legal material sources, both primary and secondary, is carried out through statutory regulations and all official documents containing legal provisions and searches related to research results such as journals and the internet. Keywords : E – Commerce, Electronic, Personal Data
PERLINDUNGAN HUKUM TERHADAP KORBAN PEMBEGALAN YANG MELAKUKAN PEMBUNUHAN TERHADAP PELAKU BEGAL UNTUK PEMBELAAN TERPAKSA DITINJAU DARI PASAL 49 AYAT (1) KUHP
Society requires high economic needs to meet diverse survival along with technological advances and the times, people often justify any means without looking at the legal norms that apply in society. This can have a negative impact on the survival of the community. One form of crime that is currently happening is the crime of robbery (theft with violence) which we can find on television, newspapers and social media, causing discomfort and injustice to the surrounding environment. As stated in the statement, there are cases of emergency self-defense against oneself or other people to protect other people's assets and defend their property rights.The purpose of this study is to find out about criminal acts that can be categorized as emergency selfdefense and to know the legal consequences for victims who commit murders as perpetrators of self-defense, the type of research conducted is normative legal research, which is descriptive in nature by describing evidence and legal consequences for the victim who committed the murder of the perpetrator of the robbery for self-defense, so it does not test the hypothesis. Criminal acts committed by a person in a threatened condition so that they carry out an emergency self-defense, in accordance with the provisions of Article 49 of the Criminal Code, victims of criminal acts of burglary who defend themselves against perpetrators of robbery cannot be punished, because the victim can carry out an emergency defense so that obtain reasons for criminal abolition which can reduce punishment or not be subject to punishment. Keywords: Emergency Defense, Victims, Disloyalty, Murder
PENEGAKAN HUKUM KEKERASAN DALAM RUMAH TANGGA
For almost the last four years, Indonesia has enacted Law No. 23 of 2004 concerning the Elimination of Domestic Violence or what is known as the Law on the Elimination of Domestic Violence (ratified 22 September 2004). This law prohibits acts of domestic violence against people within the scope of the household by means of physical, psychological, sexual violence or neglect in the household. The people within the scope of the household in question are husband, wife, children, and people who have family relations because of blood relations, marriage, breastfeeding, care, guardianship, living in the household and people who work to help and settle in the household the. Domestic violence or domestic violence is also known as wife beating, wife torture, spouse abuse, marital violence or family violence. Internal factors that cause Domestic Violence (KDRT) are often the nature of the perpetrator, poor economic conditions and communication. Other factors, mainly due to ethnic or cultural differences and environmental factors that support domestic violence. This increases cases of domestic violence in Indonesia. Efforts to protect the law for women who are victims of domestic violence in this country are regulated in Law no. 23 of 2004 concerning the Elimination of Domestic Violence. The Law on the Elimination of Domestic Violence (PKDRT) clearly stipulates the process that must be followed to deal with cases of domestic violence. Domestic violence is more common in women who are wives, while the perpetrators are mainly men. This is caused by internal factors including the personality of the perpetrator who tends to depend emotionally, economically, on third parties in the household. External factors include cultural/customary differences, differences in religion or beliefs of the husband and wife, and both are not well understood. In reality, cases of domestic violence that end in divorce can have a negative impact on both parties, especially children. Keywords : Domestic Violence
HAK ASUH ANAK PASCA PERCERAIAN SEBAGAI KORBAN KEKERASAN DALAM RUMAH TANGGA BERDASARKAN UNDANG-UNDANG NOMOR TAHUN 1974 TENTANG PERKAWINAN
The phenomenon of violence against women has recently become a prominent issue. This is not only due to the increasing severity of cases of violence experienced by women, but the intensity is also worrying. For Indonesia, apart from being obtained from mass media coverage, the increase in spatial scale, form, intensity and degree of violence against women is also obtained from the results of research that is increasingly being carried out. According to Article 1 of the Declaration on the Elimination of Violence against Women, that includes all forms of violence, both physically, sexually and emotionally that make women suffer, including all forms of threats, intimidation, and violations of women's rights or freedoms, both openly and in secret. Violence itself comes from the Latin, namely violence, which means violence, ferocity, greatness, cruelty, awesomeness, persecution, rape. Violence can happen to anyone, including mothers, fathers, husbands, wives, children or household servants. However, in general, the definition of domestic violence is more narrowed to mean abuse by a husband against his wife. This is understandable because most victims of domestic violence are wives. Acts of domestic violence are acts against human rights that can be subject to criminal and civil law sanctions. Domestic violence is a problem that not many people know about because of its closed nature. Keywords : Violence, Women, Domestic Violence.
IMPLEMENTASI TERHADAP UNDANG-UNDANG NOMOR 23 TAHUN 2004 TENTANG PENGHAPUSAN KEKERASAN DALAM RUMAH TANGGA DILIHAT DARI PERSPEKTIF HUKUM PIDANA
Law Enforcement No. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT) is intended to stop the cycle of violence in the family. The PKDRT Law was promulgated on September 22, 2004 as a national law reform which aims to: 1) prevent all forms of violence in the household; 2) protect victims of domestic violence; 3) take action against perpetrators of domestic violence; and 4) maintaining a harmonious and prosperous household. This promulgation is also the implementation of the Convention on the Elimination of All Forms of Discrimination against Women which Indonesia has ratified through Law no. 7 of 1984. The convention mandates the elimination of violence against women whose roots lie in discrimination against women. The PKDRT Law is the hope of all of us in improving the conditions of women and children, as well as those who are subordinate, as well as for anyone within the scope of household relations who are vulnerable and live under one roof. This research is based on the type of normative legal research. In normative research carried out to research and study juridical norms in laws and regulations through quantitative and qualitative approaches that aim to find out the implementation of Law Number 23 of 2004 Article 1 against article 44 paragraph (1) concerning PKDRT, especially in the occurrence of spikes in cases in Indonesia. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceeding journals. Keywords : Implementation, PKDRT, Criminal Law.
PENYELESAIAN WANPRESTASI DALAM PERJANJIAN KREDIT DI BANK DENGAN JAMINAN HAK TANGGUNGAN (Studi Putusan Nomor 1377/Pdt.G/2021/PN.Tng)
In the guarantee legal system in Indonesia, mortgages are enforced as collateral for land rights under the Indonesian legal guarantee system. Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Related to Land regulates Mortgage Rights (hereinafter referred to as the Law). Mortgage Act). The idea of specialization is one of the legal principles contained in the Mortgage Act. With Mortgage has the following features that distinguish it from other guarantee institutions if the principle of specialization is upheld. According to this principle, mortgage rights can only be imposed on known land parcels. According to the material law, only the legal owner of the item or other party who controls it can apply for it as the subject of the Mortgage guarantee. A credit agreement between a creditor and a debtor is a type of legal requirement in which the debtor imposes collateral in the form of immovable property as collateral in the form of a Mortgage. If there is default during the credit period, as an example in Decision Number 1377/Pdt.G/2021/PN.Tng. The formulation of the problem in this study includes: (1). The judge's legal considerations rejecting the plaintiff's lawsuit which is in accordance with the provisions in the Mortgage Act; (2) . What are the legal consequences of default in a credit agreement with a mortgage guarantee. There are 2 (two) objectives in this research ; 1. General Purpose: to add insight into knowledge in the field of law, especially in the scope of civil law as well as information for both authors and for other parties; 2. The specific objective is to find out and understand the types of defaults committed by recipients of people's business credit, to find out and understand what efforts are in settlement if the debtor defaults. The method used in this study is a type of normative juridical research, namely research that is focused on examining the application of rules or norms in positive law. With a statutory approach and a conceptual approach. The contributions targeted in this study are mandatory contributions in the form of national journals and additional fees in the form of journal proceedings. Keywords: Credit Agreement, Mortgage and Default
PERLINDUNGAN KONSUMEN DALAM LAYANAN PENUKARAN UANG ASING DI MONET CHANGER MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN
Money changer activities or non-bank foreign exchange business activities, hereinafter referred to as non-bank KUPVA, have existed in Europe since the Middle Ages. this activity is the origin of the modern bank as we know it today. In the Middle Ages, seve ral cities in European lands began to produce their own currency (generally in the form of coins with the ruler of the city or region) to carry out economic transactions on European soil. However, when inter-regional trade occurs, due to currency differences, it is also necessary to work in the field of currency exchange. Exchange rates in the Middle Ages were calculated in terms of barter. Traders who want to replace currency, they will go to traditional money changers whose value is seen from the material, durability, and the probability of counterfeiting the currency. After weighing, the foreign currency exchangers will decide the value of a currency to the preferred currency. Whereas in practice, both Money Changers as business actors and the public as customers are protected by Law No. 8 of 1999 concerning Consumer Protection. The definition of Consumer Protection in Article 1 of Law No. 8 of 1999 concerning Consumer Protection, is all efforts that guarantee legal certainty to provide protection to consumers. Consumer Protection talks about guarantees or certainty about the fulfillment of consumer rights. Even though it is intended to protect the interests of consumers, the Consumer Protection Act does not aim to kill business actors. The research method in writing this law is a normative juridical method, namely research that uses legal sources as a variable to analyze and create reliable truths. The results obtained from this legal research, namely that consumer protection that occurs between Money Changers and customers complies with Law No. 8 of 1999 concerning Consumer Protection, if customers receive counterfeit foreign money in exchanging with Money Changers. Keywords : Money Changer, Foreign Exchange, Consumer Protection.
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN PENCABULAN BERDASARKAN UNDANG-UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK
Children are the most beautiful gifts given by God, which we must protect and give guidance because they are entrusted by God. Children have the right to get their rights such as the right to education, the right to a place to live, the right to love which parents are obliged to give so that the child is not easily influenced and remains under supervision. Currently, many children do not get what they are entitled to, many children are abandoned on the streets and receive violence, both physical and sexual. Violence against children is very common, both at school, at home, and in public places. Children who are victims of sexual violence will experience depression, children will tend to be quiet, afraid when they have to leave the house, depressed, and don't talk much. Violence against children must be stopped immediately so that no more children become victims. We must help child victims, fight for their rights and protect their privacy. Children who are victims of sexual abuse need psychological assistance so that the child can live another day. Keywords: children, sexual abuse and the role of social workers
This research was conducted to find out how the provisions for children out of wedlock are recognized according to the Civil Code and how the rights and position of children out of wedlock are recognized in inheritance according to the Civil Code. By using normative juridical research methods, it can be concluded: Every child born out of legal wedlock is a child out of wedlock. Based on the provisions of the Civil Code, children out of wedlock are considered to have no legal relationship with their parents if there is no recognition from the father or mother, thus if the child out of wedlock is recognized then he can inherit the inheritance from the parents who acknowledge him. The form of child protection out of wedlock that can be recognized is based on Article 272 of the Civil Code, namely: "An out-ofwedlock child that can be recognized is a child born to a mother but who is not conceived by a man who is in a legal marriage bond with the child's mother." and does not include the group of children of adultery and incestuous children. The legal position of children out of wedlock in terms of the distribution of inheritance which is different from that of legitimate children is often found to be wrong. In this event, an error in the division of inheritance between legitimate and illegitimate children was still found in the case of the Supreme Court Review Decision Number 334 PK/Pdt/2020 dated June 23, 2020. Whereas the legal position of an illegitimate child who fulfills Article 272 of the Civil Code as a legitimate child has the same rights. Meanwhile, children out of wedlock who do not comply with Article 272 of the Civil Code can obtain legal protection in the form of receiving grants or testamentary grants. Keywords : children out of wedlock, Legal Standing, and Legal Protection
Islamic law in Indonesia is a regulation taken by the revelation of Allah and the hadith of the Prophet which is formulated in the four products of Islamic legal thought, jurisprudence, fatwas of scholars, court decisions and laws which are understood and obeyed and enforced by all Muslims in Indonesia. . The systematics of Islamic law are: Al-ahkam al-ahwal syakhsiyah (individual law), Al-ahkam al-madaniyah (material law), Al-ahkam al-jinayah (criminal law) Al-ahkam al-murafa'at (procedural law civil, criminal, and state administrative justice) Al-ahkam al-dusturiyah (state administrative law), Al-ahkam al-dauliyah (international law), and Al-ahkam al-iqtishadiyah wa al-maliyah (economic and financial law). This understanding of Islamic law can be divided into two meanings: in a broad sense, Islamic law includes all areas of law that have been prepared according to the rules of the fiqh experts in their fiqh opinions regarding the problems of their time, or what they predict will happen later, by taking the proposition - the argument comes directly from the Qur'an and al-Hadith, or legal sources such as: ijma', qiyas, istihsan, istish-hab, and maslahlh mursalah. Of course, the application of Islamic law in Indonesia cannot be separated from its relation to the existence of the special region of Aceh. In this area which later received special autonomy as the province of Nangroe Aceh Darussalam (NAD), aspirations regarding this issue seem more prominent and progressive like this because Aceh has special historical rights. In Article 18 B paragraph (1) UUD 1945 results of the Second Amendment, it is stated that; "The state recognizes and respects regional government units that are special or special in nature which are regulated by law". Keywords : Sharia, Islam, Autonomy
PERLINDUNGAN HUKUM TERHADAP HAK CALON PEKERJA DI TINJAU DARI UNDANG UNDANG NO. 13 TAHUN 2003 TENTANG KETENAGAKERJAAN J.O NO. 6 TAHUN 2020 PENYELENGGARAAN PEMAGANGAN DI DALAM NEGERI
Many companies have opened vacancies as interns in their offices, this is due to the enthusiasm of the good parties of interns from campus practice to those who have graduated who want to get a decent job. The government issued a policy by issuing Employment Law No. 13 of 2003. According to Law No. 13 of 2003 on Employment (Law of Employment), trade is a sub-system of job training. The trade in terms of job training can be further distinguished by its area. trade (agriculture) i.e. trade in job training, trade for academic purposes, and internship for the fulfillment of a particular curriculum or profession requirements. Which is prepared in writing which contains at least the provisions of the rights and obligations of participants and entrepreneurs and the period of trade contained in Articles 22 (1) and (2) of the Employment Act. Article 11 of Law No. 13 of 2003 guarantees that each workforce has the right to acquire and/or develop job competencies in accordance with their talents, interests, and abilities through job training. It is further stated that entrepreneurs are responsible for improving and/or developing their workers' competencies through job training (Article 12 paragraph (1). Job training is conducted and directed to equip, improve and develop job competencies to improve the ability, productivity and welfare of the workforce. Workforce development efforts are carried out through planning and employment programs such as training, trading and employment placement services. The job training program also aims to prepare manpower to fill opportunities or job openings. Keywords : employment, labor, Workers on Probation, Legal Protectio
TINJAUAN YURIDIS TENTANG PERLINDUNGAN HUKUM TERHADAP KEKERASAN SEKSUAL PADA ANAK DITINJAU DARI UNDANG-UNDANG NO 35 TAHUN 2014 PERUBAHAN ATAS UNDANG UNDANG NOMOR 23 TAHUN 2002 TENTANG ANAK
This study discusses the juridical review of legal protection against sexual violence against children in terms of Law No. 35 of 2014 amendments to Law No. 23 of 2002 concerning Children. This study aims to determine the juridical review of legal protection against sexual violence against children in terms of Law No. 35 of 2014 amendments to Law No. 23 of 2002 concerning Children. Data collected by means of non-participatory observation and interviews. The results of this study indicate that the existence of this law can emphasize the importance of imposing strict criminal sanctions and fines on perpetrators of crimes against children, providing a deterrent effect and restoring the physical, psychological and social conditions of children who experience violence, even if it is perpetrated by parents. In terms of violence against children, the sanctions given if the perpetrators themselves are parents are higher. A child according to Law Number 35 of 2014 is someone who is not yet 18 (eighteen) years old, including children who are still in the womb. Child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with human dignity and values, and receive protection from violence and discrimination. The definition of protection in the field of law especially for children is contained in Article 1 number 2 of Law Number 23 of 2002 concerning Child Protection which states that protection is all activities to secure and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with the dignity of humanity and receive protection from violence and discrimination. From this protection, protection activities are intended to be able to provide guarantees and protection for children including their rights so that they can grow and develop physically and mentally
TINJAUAN YURIDIS TENTANG HAK-HAK NORMATIF PEKERJA/BURUH BERDASARKAN UNDANG-UNDANG NOMOR 11 TAHUN 2020 TENTANG CIPTA KERJA
The Omnibus Law on Job Creation (Ciptaker) continues to be debated in society, especially workers. One of the points that is enough to attract workers' attention is the payment of severance pay for layoff victims. This is because the Secretary General of the All Indonesian Workers' Organization (OPSI) Timboel Siregar revealed that the maximum amount of severance pay was reduced from 32 months of wages to only 25 months of wages in the Omnibus Law on Job Creation. This is because the government deleted a number of articles in Law Number 13 of 2003 concerning Manpower. Quoting the draft Omnibus Law on Job Creation, one of the points amended in the law is Article 156 Paragraph 4. The government omitted points related to compensation for rights that should have been received from housing replacement as well as treatment and care which was set at 15 percent of severance pay and/or severance pay. Long service award for those who meet the requirements. Therefore this study aims to examine more deeply related to the normative rights of workers or laborers based on Law No. 11 of 2020 concerning Job Creation. The research method used in this study is a normative legal research method where the data sources used were obtained based on primary legal materials, namely Law No. 11 of 2020 concerning Job Creation and secondary legal materials such as books, journals and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords : layoffs, severance pay, rights
PERLINDUNGAN HUKUM BAGI PEKERJA/BURUH DALAM PERJANJIAN KERJA WAKTU TERTENTU DI TINJAU DARI UNDANG-UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN
A work agreement is an agreement between a worker/laborer and an entrepreneur or employer which contains the terms of work, rights and obligations of the parties. One form of work agreement is a specified time work agreement (PKWT). The thing that causes problems is that there are many violations in the application of the Specific Time Work Agreement (PKWT) system, the Specific Time Work Agreement (PKWT) that is implemented is not in accordance with or does not even refer to the Specific Time Work Agreement (PKWT) rules regulated in Law No. 13 of 2003 concerning Manpower. This study aims to find out about how the implementation of workers or laborers in the Specific Time Work Agreement (PKWT) since the enactment of Law Number 13 of 2003 concerning Manpower. The research method used is normative method. Legal protection is always related to government power and economic power. In relation to government power, the issue of legal protection for the (governed) people against the (governing) government. With regard to the people, in Article 1 paragraph 3 of Law Number 13 of 2003 concerning employment, a worker or laborer is any person who works and receives wages in other forms. If in the employment agreement the employer terminates the employment relationship (PHK), namely terminating the employment relationship due to a certain matter which results in the end of the rights and obligations of the worker, then it is very important to carry out legal protection for the worker/laborer. Law No. 13 of 2003 concerning Manpower, authorized officials, especially the local Manpower Service, should carry out direct supervision and guidance to the field. Keywords: work agreement, workers, PKWT
KEPASTIAN DAN PERLINDUNGAN HUKUM PADA SISTEM PUBLIKASI NEGATIF DALAM PENDAFTARAN TANAH DIINDONESIA
Indonesia adheres to a negative publication system in land registration activities, where the state does not guarantee the accuracy of the data presented in the certificate. This at first glance illustrates the condition where legal certainty is not guaranteed in land registration activities, so that many parties want the government to change the land registration policy towards a positive system. The author is interested in further research with the aim of obtaining a philosophical understanding of the land registration publication system prevailing in Indonesia. This research is a normative legal research using secondary data. The results of the analysis show that basically the negative publication system adopted by Indonesia is not a publication system that does not guarantee legal certainty. This is because the negative publication system is not valid forever, but is only valid for 5 years. The negative publication system in Indonesia still adheres to a positive element, where the government will guarantee the correctness of the data presented after 5 years of registration of the land. This restriction aims to provide legal protection for the true land owner, so that it is possible for a claim by parties who feel they are entitled to within 5 years of the legally issued certificate. In this way, legal certainty as the objective of land registration is achieved. Philosophically, this system is in accordance with the legal values that live in society, where land must be obtained in good faith, occupy it in real terms and maintain it. This provision is further enhanced by the national land law, namely by registering rights to obtain legal certainty and protection. It is better if those who feel entitled to land really control their land in real terms and register the rights, so that protection and legal certainty are obtained even with a negative system. Keywords: land registration, legal certainty, publication system
PEMBAHARUAN HUKUM PERKAWINAN PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR: 22/PPU-XV/2017
Constitutional Court Decision No. 22/PUU-XV/2017 is a breath of fresh air for legal changes that can prevent child marriage, but the continuation of this decision is still questionable, does this decision reflect the legal protection of women substantially? Considering that the decision do es not immediately set a minimum age for marriage for women, but waits for 3 (three) years for legislators to set the age of marriage for women. The Constitutional Court argued that the determination of the minimum age limit for marriage was an open legal policy which was the realm of the legislature, so the Constitutional Court did not have authority over this matter. However, it is possible that during those 3 (three) years there could be many marriages that caused women's constitutional rights to be violated. In Law No. 1 of 1974 it has been explained that marriage is an inner and outer bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on Belief in One Almighty God. While the purpose of marriage in Islam is to fulfill the demands of humanity, relate between men and women in order to create a happy family on the basis of love and affection, to obtain legitimate offspring in society by following the provisions regulated by sharia. Marriage does not only unite two human partners, namely a man and a woman, but binds a sacred covenant in the name of Allah, that the bride and groom intend to build a household that is sakinah, peaceful, and filled with love and affection. To achieve the goal of marriage, of course one must have physical and mental readiness and maturity because physical and mental maturity before marriage is an inseparable unit. The ongoing marriage of the same adults is considered to have a good impact on the development of the household, with this maturity both physically and mentally will make the household peaceful and peaceful so that what is aspired to in household life can be achieved. The fees targeted in this study are mandatory fees in the form of national journals and additional fees in the form of journal proceedings. Keywords : Marriage Law Renewal, MK Decision
KEPASTIAN HUKUM TERHADAP PENYALAHGUNAAN NARKOTIKA YANG DI LAKUKAN OLEH OKNUM POLRI
The purpose of this research is to find out the Legal Certainty Against Narcotics Abuse by Police Officers. The results of the research show that the abuse of narcotics and dangerous drugs is a phenomenon that has existed for a long time and is experienced by all countries in the world. The abuse of narcotics and dangerous drugs is basically included in transnational crime, considering that the link in the drug abuse chain includes trade and production activities. Of the many problems that have happened now, many. However, due to many abuses of this type of drug, it is no longer used in the world of medicine. A type of drug that is often abused and causes dependence. Drug use has various reasons including to overcome stress, to have fun, or to socialize. The analysis of the data used is by analyzing various information collected from the mass media which is reinforced with the sources in the book explaining what the dangers of drugs are, the factors that cause drugs among teenagers, efforts to overcome drug use, the writing results show that: factors that cause teenagers abusing drugs among family factors that pay less attention to their children, and also environmental factors can also have a big influence. With education and religious education is the outermost wall to prevent drug abuse Keywords : Narcotics, Police, Medicines
PENEGAKAN HUKUM TERHADAP KETERLAMBATAN PEMBAYARAN PAJAK KENDARAAN BERMOTOR DI TANGERANG
This research is motivated by the issuance of Article 2 paragraph (1) of the Law on Regional Taxes and Regional Retribution This provision explains that law and law enforcement are an inseparable unit, both must be able to operate simultaneously. Law enforcement means as a step how to enforce the legal norms contained in the Tax Law. The Law on General Provisions and Tax Procedures (UU KUP) states that law enforcement can be carried out by imposing administrative sanctions and criminal sanctions. The law enforcement process involves all legal subjects in every legal relationship. Anyone who carries out normative rules or does something or does not do something based on the norms of the applicable law, means he is carrying out or enforcing the rule of law. In a narrow sense, law enforcement is only interpreted as an effort by certain law enforcement officials to guarantee and ensure that a rule of law operates as it should. There are 4 factors that hinder the enforcement of late payment of motor vehicle tax, namely: economic problems, the distance to the sub-district area is far from the Samsat office, waiting for principal bleaching, and vehicles that are only used for gardening. Keywords : Law on Regional, law enforcement, administrative
SANKSI PIDANA TERHADAP PELAKU PENGANIAYAAN YANG BERUJUNG KEMATIAN PADA KORBAN DI KALANGAN REMAJA
Persecution is arbitrary treatment with torture, oppression and so on against victims of violence or persecution. Meanwhile, according to jurisprudence, persecution is intentionally causing bad feelings, pain, or injury. Mr. M.H. Tirta Amidjaja defines persecution as follows: "to abuse" is to intentionally cause pain or injury to another person. However, an act that causes pain or injury to another person cannot be considered as abuse if the act is done to protect the body. But in various laws that apply in Indonesia, there are known terms that are not uniform in translating strafbaar. A criminal act is a term that contains a basic understanding in the science of law, as a term formed with awareness in giving certain characteristics to criminal law events. Criminal acts have an abstract meaning from concrete events in the field of criminal law, so that criminal acts must be given meanings that are scientific in nature and clearly defined to be able to separate them from terms that are used daily in people's lives. the responsibility of the person for the crime he committed, thus the occurrence of criminal liability because there has been a crime committed by someone. The principle that applies to criminal responsibility is not being punished if there is no mistake (Geen straf zonder schuld; Actus non facit reum nisi mens sist rea). It has been stated above that the element of criminal responsibility is the existence of an error consisting of the ability to be responsible, intentional, negligent and the absence of excuses. This act of persecution can attack anyone, especially among teenagers and children. Violence can take various forms, such as physical violence, psychological violence, up to the climax, namely sexual violence. Violence is an inappropriate action to take because it is not in accordance with the article of the 1945 Constitution Number 23 of 2002 which has been amended to become the 1945 Constitution Number 35 of 2014 concerning child protection where the welfare of every citizen has been guaranteed by the Unitary State of the Republic of Indonesia. Keywords : Persecution, violence
PERTANGGUNGJAWABAN PIDANA TERHADAP KORPORASI DALAM MELAKUKAN PEMBAKARAN HUTAN
Forest fires can occur due to two factors, the first is due to accident, and the second is due to intentional involvement of several parties. From the incident of forest fires in Indonesia, the actors involved can be individuals or corporations. One way to stop these exploitative actions against forests is by imposing criminal responsibility on the perpetrators of forest fires, including corporations. This study examines the appropriate formula for imposing criminal penalties on corporations and how the judges face obstacles in imposing these penalties. This research uses normative research with prescriptive research characteristics, and the research data used is secondary data. This research shows that there are still different characteristics if a corporation is to be punished, because a corporation is a legal entity that does not have a body and soul like humans in general. With these obstacles in place, corporate criminal responsibility can be expanded in scope to the perpetrators who are responsible for forest fires in Indonesia. Keywords: forest burning, corporate responsibility.
TINJAUAN YURIDIS TERHADAP HASIL PUTUSAN KASUS PEMBUNUHAN BERENCANA YANG DISERTAI PENGANIAYAAN DITINJAU DARI KUHPIDANA DAN KAITANNYA DENGAN UU NOMOR 39 TAHUN 1999 TENTANG HAK ASASI MANUSIA (Analisis Putusan Nomor 1770/Pid.B/2016/PN/Tng)
The Constitution Number 39 of 1999 clearly states that everyone has the right to equal recognition, protection and legal certainty before the law. This means that every human being as an Indonesian citizen has the right to equal position before the law without any discrimination that every human being should have. Even so, there are still many murder cases that claim the right to life of many people. Where deprivation of human rights in any form can be given the most severe sanctions and has its own rules. So, this research was conducted aiming to find out how the judge’s considerations in imposing sanctions on perpetrators of murder who have deprived human rights in terms of the Criminal Code and how it relates to The Constitution Number 39 of 1999 concerning Human Rights. This research was carried out based on the type of normative legal research where in this research a legal study was carried out as a norm, namely researching and studying objects against their legal principles and principels. Conducted through a statutory and conceptual approach to sharpen the analysis which aims to identify deficiencies and understand the concept of laws and regulations that underlie killings and persecution, especially in deciding similar cases. The output to be achieved in this research is a mandatory output in the form of a national journal and additional output in the form of proceedings journal. Keywords: Premeditated Murder, Persecution, Human Rights
KEPASTIAN HUKUM SERTIFIKAT TANAH ELEKTRONIK SEBAGAI BUKTI KEPEMILIKAN HAK ATAS TANAH DITINJAU DARI PERATURAN MENTERI AGRARIA DAN TATA RUANG NOMOR 1 TAHUN 2021
Certificates of land rights are valid as strong evidence as emphasized in Article 19 paragraph (2) letter c of the UUPA and Article 32 paragraph (1) of Government Regulation Number 24 of 1997 concerning Land Registration. Land certificates were originally issued in the form of printed sheets of paper, equipped with a hologram with the BPN logo to avoid certificate forgery. But in reality, the problems encountered so far are cases of multiple land certificates, which ultimately resulted in legal problems of land disputes very rampant in Indonesia until now. The government issued a new regulation regarding proof of land ownership, namely Regulation of the Minister of ATR / BPN Number 1 of 2021 concerning Electronic Certificates. This Ministerial Regulation explains that electronic land certificates will replace physical land certificates, including the replacement of land books, measurement letters / plan drawings. The Head of the Land Office in each region will later be tasked with withdrawing the Certificate to be united with the land book and stored as a note at the Land Office. This research aims to determine the legal force of electronic land certificates as proof of ownership of land rights. This research is based on the type of normative legal research. In normative research, an assessment of the law as a norm is carried out, namely examining and examining objects against their legal principles, through a statutory approach to the law, and also a historical juridical approach to sharpen the analysis of research legal materials aimed at knowing the rationale and laws and regulations governing the legal force of electronic certificates as stipulated in Regulation of the Minister of ATR / Head of BPN Number 1 of 2021 concerning Electronic Certificates. The targeted outputs in this research are mandatory outputs in the form of national journals and additional outputs in the form of journal proceedings. Keywords : Certificate, Land, Electronic
PENYELESAIAN TINDAK PIDANA DESERSI TERHADAP ANGGOTA TNI-AD DIWILAYAH HUKUM PENGADILAN MILITER II-08 JAKARTA
The Indonesian National Armed Forces (TNI) is one of the Indonesian military forces that supports the sovereignty of the State which is tasked with safeguarding, protecting and defending the security and sovereignty of the state. The TNI is a general part of the general public who is specially prepared to carry out the task of defending the state in order to support and maintain the unity and integrity of the State. In carrying out the duties of TNI members, it is limited by military regulations so that all actions and actions taken must be based on applicable law. To carry out its duties and obligations, the TNI is trained and educated to obey orders or decisions in accordance with the provisions of military law. Every member of the TNI must obey and obey the legal provisions that apply specifically to the military, namely the Military Criminal Code (KUHPM). However, in carrying out all its responsibilities and obligations to the state, the TNI is not spared from all its problems, one of which is desertion. Desertion is the act of leaving a task without notice after a period of time that has been determined by the rules. This provision is contained in Article 14 paragraph 1 letter a of the Government Regulation (PP) of the Republic of Indonesia Number 1 of 2003 concerning the Dismissal of Members of the Indonesian National Police. The article reads "Members of the Indonesian National Police are dishonorably discharged from the Polri service if they leave their duties illegally for more than 30 consecutive working days". In the Military Criminal Code (KUHPM), desertion committed in a period of time is threatened with a maximum imprisonment of 2 years and 8 months (two years and eight months). Meanwhile, during the war, the maximum imprisonment of 8 years and 6 months (eight years and 6 months) will be threatened. The purpose of this study was to determine the application of criminal sanctions against members of the Indonesian National Armed Forces who committed a criminal act of desertion at the Military Court II-08 Jakarta had implemented criminal sanctions as they should, this can be seen from the handling of existing cases, and the executions carried out. carried out by the Military Prosecutor has been carried out in accordance with the procedures and provisions imposed on the Indonesian National Armed Forces who committed the crime of desertion. The research method used in this study is a normative law research method where the source of the data used is obtained based on primary legal materials, namely Court Decision No. 48-K/PM II-08/AD/III/2021 and secondary legal materials such as books, journals, and so on. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords : TNI, Desertion, Military
PERLINDUNGAN HUKUM BAGI KONSUMEN DENGAN METODE PEMBAYARAN KREDIT GOPAYLATER PADA APLIKASI GOJEK
GopayLater by Findaya is a technology-based financial service that means a service in the Platform or Authorized Platform Partner which is the provision of information technology-based loan facilities. In the use of the GopayLater payment method, a multipurpose financing agreement will arise. The problems in this study are the provisions governing the multipurpose financing agreement with the GopayLater payment method in the Gojek application, then regarding the rights and obligations of the parties to the multipurpose financing agreement with the GopayLater payment method in the Gojek application and legal protection for consumers related to problems arising in the use of the GopayLater payment method in the Gojek application. This type of research uses normative law using a descriptive form of analysis. The source of data used in this study is secondary data in the form of laws or written laws which in this case are the Civil Code, Law Number. 8 of 1999 on consumer protection, and Law on the credit system. The data collection method used is library research. Data analysis in this writing uses qualitative data. In Article 19 paragraph (1) of the Financial Services Authority Regulation Number 35/POJK.05/2018 concerning the Implementation of Financing Company Business it is stated that "Financing Companies can carry out their business activities by utilizing information technology". Forms of legal protection of consumer users. GopayLater is a provision that describes the protection of consumer rights, compensation, handling consumer complaints and resolving consumer disputes. Keywords : Legal Protection, Credit, GoPayLater, Consumer
PROBLEMATIKA TRANSPORTASI DI ERA KEHADIRAN APLIKASI ONLINE DITINJAU DARI UNDANG-UNDANG NO. 8 TAHUN 1999 TENTANG PERLINDUNGAN KONSUMEN DAN PERATURAN MENTERI PERHUBUNGAN NO. 12 TAHUN 2019
: Transportation is an activity of transporting/moving goods/people from another place to a different place. Transportation services that are increasingly qualified and have greater carrying capacity will make it easier for people to carry out their activities. Then with the emergence of online transportation it seems to help make it easier for people in transportation problems, where initially consumers had to go to the terminal or wait on the sidewalk to wait for public transportation. The existence of online transportation is not without competition with other transportation, but rather creates competition for other transportation, namely conventional transportation such as taxis, motorbike taxis, and also vehicles with yellow vehicle numbers which have been around for a long time as transportation services for consumers. The problem of this research is that the provisions governing that two-wheeled vehicles are not allowed to be used as public transportation. It is very clear that it can be said that companies providing online transportation application facilities that use two wheels as their transportation fleet have no existence in the eyes of the law. And consumer protection for users of online transportation services. This type of research uses normative law by using a descriptive form of analysis. The data source used in this research is secondary in the form of Law no. 8 of 1999 concerning Consumer Protection, and the Road Traffic and Transportation Act. The data collection method used is library research. Data analysis in this writing uses qualitative data. Protection for Go-Jek consumers is regulated in Article 16 of the Minister of Transportation Regulation Number 12 of 2019 concerning Safety Protection for Motorcycle Users Used for Public Interests. Keywords : Online Transportation, Consumer Protection, Consumers.
AKIBAT HUKUM DARI KETERLAMBATAN GAJI DITINJAU DARI UNDANG – UNDANG NOMOR 13 TAHUN 2003 TENTANG KETENAGAKERJAAN
Wages are labors’ rights that received and expressed in the form of money in return from employers to the workers who are determined and paid according to a work agreement, settlement or law regulations, including allowances for workers and their families on an agreement and/or services that have been or will be conducted. Employers are required to fulfill the rights of their workesrs including giving wages on – time. Nevertheless, employers sometimes necglecting it and make their workers experienced delays in paying wages and they get a significant impact on it. Regarding the late payment of wages, workers have legal protections regulated in Article 88A Paragraph 3 of Law Number 13 of 2003 concerning Employment and Article 55 paragraph 1 of Government Regulation Number 36 of 2021, thereafter there are Criminal Sanction and fines for employers who violated them. This research aims to find out whether there are consequences and legal protections related to this problem and how it is regulated. The research method used in this study is a normative legal research method in which the source of the data used is obtained based on primary legal materials, such as Law Number 13 of 2003 concerning Employment and secondary legal materials in the form of books and legal journals. The outputs targeted in this research are mandatory outputs in the form of accredited national journals. Keywords : Legal Protection, Employment, Delayed Wages, Labor Rights
Pembagian Hak waris Bagi Anak Angkat Berdasarkan Kompilasi Hukum Islam dan KUHPerdata
A family is the smallest relationship in a society consisting of the head of the family and several people who are gathered and live on a roof in a state of interdependence with each other. A family has an important role in human life as a social being consisting of a Father, Mother, and Son in reality not always these three elements are fulfilled. The purpose of a person carrying out the adoption of children is to continue offspring when a marriage does not obtain offspring. An adopted child is not related by blood to his adoptive parents but he is entitled to affection such as a biological child, earning a living, getting a decent education and the right to get the fulfillment of life's needs. A legal consequence of the event of the adoption of the child is regarding the status of the child as the heir of the adoptive parents, Based on the Supreme Court Circular No. 2 of 1979 concerning the adoption of the Child, that: "The ratification of the Adoption of a Child of an Indonesian citizen can only be done by a determination in the Neegeri Court and is not justified if the adoption of the child is carried out by a notarial deed legalized by the District Court". Adoption is an act in a legal event that creates a new relationship between the adoptive parents and the adopted child. In the event that the inheritance of an adopted child according to the Compilation of Islamic Law is not to let go of lineage (relatives) from his biological parents, then the adopted child does not inherit from his adoptive parents and vice versa, but the adopted child gets a mandatory will, namely a will whose implementation is not influenced or does not depend on the will or the will of the deceased shall not exceed one-third of the inheritance of his adoptive parents. Compilation of Islamic Law adopted children cannot become heirs of their adoptive parents, only obtain a will. According to Civil Law, the adoption of a child results in the transfer of the family from the biological parents to the adopting family. The status of the child is as if born from the marriage of adoptive parents. So the status of an adopted child is the same as a legitimate child. And in the law of inheritance he is also referred to as the heir to the two adoptive parents with the restriction that the adopted child is only the heir of the part that was not bequeathed. Inheritance rights according to the Staatblad, adopted children have the same inheritance rights as those of biological children. Keywords : Right, Inheritance, Children, Islam, Civil Code
TINJAUAN HUKUM PENGATURAN MASA JABATAN PRESIDEN 3 PERIODE MENURUT UUD 1945
Restrictions on the term of office of the president in Indonesia are carried out so that there is no abuse of authority and power by the leader of the country. Previously during the days of Presidents Soekarno and Soeharto, they served more than two terms, although elections were held but were always the sole candidates so they were always elected and the term of office was very long. During this period of authoritarian leadership, there were many deviations from the 1945 Constitution. After the end of authoritarian rule, amendments were made to the 1945 Constitution, one of which was the limitation of the presidential term. The 1945 Constitution affirms that the president and vice president, holding office for 5 (five) years and thereafter can be re-elected to the same office for only one term, thus a maximum person can only be president or vice president in two terms, whether consecutive or not. The discourse of changing the presidential term to 3 (three) terms has appeared in the People's Consultative Assembly, but the proposal is contrary to the spirit of the 1998 reforms and many walks of life do not approve of the extension of the presidential term. This research uses normative types of research and its approach is oriented towards the statute approach, historical approach, and conceptual approach. The legal material used in this study is secondary law and is supported by relevant non-legal materials. This study aims to review and examine the arrangement of a 3-term presidential term. The outputs targeted in this study are mandatory outputs in the form of national journals and additional outputs in the form of proceedings journals. Keywords : Tenure, President, 1945 Constitution
ANALISIS YURIDIS PUTUSAN ULTRA PETITA TINDAK PIDANA KORUPSI (AnalisisPutusanNomor 17/Pid.Sus/TPK/2014/PN.JKT.PST)
Ultra petita, that is the term, where the judge makes a decision on a case that is not prosecuted or passes more than what is requested, in other words ultra petita is a decision made by a judge on a case that is not prosecuted or decides more than what is requested. In the context of Criminal Procedure Law, the Decision was issued, because the Public Prosecutor's indictment was imperfect and as a form of progressive legal development in which Judges are not only mouthpieces of law but are mouthpieces of justice that are able to provide quality decisions by finding the right source of law. This study aims to identify and analyze the application of the ultra petita principle in decisions on corruption cases and to analyze whether the application of ultra petita decisions is in accordance with the principles in criminal law. This research is a normative research with a case approach, a statute approach, a conceptual approach. The material obtained was in the form of primary legal material and secondary legal material which were analyzed systematically, factually and accurately and then presented descriptively, namely explaining, describing and describing in accordance with the problems that are closely related to this research. The results of the study show that the legal position of ultra petita decisions in corruption cases, especially related to the Susi Tur Andayani case, can be justified because judges have the authority in Law Number 48 of 2009 concerning Judicial Power to explore values that live in society. The aspects of justice, benefit and legal certainty in the application of the ultra petita decision in the Susi Tur Andayani corruption case do not undermine justice in law. The ultra petita decision in the Susi Tur Andayani case focused more on justice and expediency. Keywords:Ultra Petita Decision;Corruption.
PERTANGGUNGJAWABAN PIDANA TERHADAP TINDAK PIDANA PENANGKAPAN IKAN DENGAN MENGGUKAN BAHAN PELEDAK (Analisis Putusan Perkara No: 71/Pid.B/LH/2020/PN Mam)
Illegal Fishing is a criminal act regulated by Law no. 31 of 2004. Illegal Fishing is fishing activity that violates state law or international regulations, including the use of dangerous tools or materials without a complete permit and violates the specified area, route or time. This study aims to find out the legal rules regarding the crime of using Illegal Fishing gear, criminal sanctions or penalties for the use of Illegal Fishing gear, and analysis of the considerations of the Panel of Judges in the Decision of Case No. 71/Pid.B/LH/2020/PN Mam . The data collection technique used in this study was a literature study to obtain concepts, theories or doctrines, opinions or conceptual thoughts from previous researchers related to the object of this research, which could be laws and regulations or other sources. This research is a juridical analytical descriptive research. Based on this decision, the defendant was found guilty and sentenced to 6 months imprisonment and given a court fee of Rp. 2,000,-. The evidence taken by the defendant was destroyed except for the wooden boat which was returned. Keywords: Illegal Fishing, crime, criminal liability, criminal sanctions, analysis of the judges' considerations
ANPRESTASI DEBITUR DENGAN KREDITUR YANG DILAKUKAN DI LUAR PERJANJIAN KREDIT BANK DITINJAU DARI KITAB UNDANG-UNDANG HUKUM PERDATA PASAL 1234
In the field of civil law, an agreement is one of the most important and mandatory contents in legal relations in the field of assets. The law of engagement is regulated in the third BW (Part III of the Civil Code) which is broadly divided into two parts, namely first, general agreements, both agreements by agreement and agreements by law, and secondly agreements by agreement. Engagement originating from law. engaged. A deal, a certain deal. Each agreement is born either because of agreement, either because of the law as stipulated in book III Article 1233 of the Civil Code, while the engagement itself gives the rights and obligations of achievement of each of the parties to do something based on the existence of a free consensus as long as it is not Contrary to the rule of law Engagement is a legal relationship in assets between two or more people, where one party is entitled to something and the other party is obliged to something legal relationship in these assets is a legal consequence of an agreement or other legal event that gives rise to an agreement or agreement. Often the things that become a problem in contract law are the debtor's negligence or negligence to the creditor, or the fulfillment of promises made by the debtor. In civil law, both are referred to as achievements for those who fulfill promises and defaults for those who do not fulfill promises. The default cases raised in this study are an example of various types of default cases that have occurred in Indonesia. This shows that there are still many Indonesian people who underestimate the terms of the agreement agreed upon by both parties. Keywords : engagement, default, result of law.
PERLINDUNGAN HUKUM DAN PEMNUHAN HAK-HAK PENYANDANG DISABILITAS MENURUT UNDANG-UNDANG NOMOR 8 TAHUN 2016 TENTANG PENYANDANG DISABILITAS
Persons with disabilities have the same position, rights and obligations as non-disabled people. As part of Indonesian citizens, it is appropriate for persons with disabilities to receive special treatment, which is intended as an effort to protect against vulnerability to various acts of discrimination and especially protection from various violations of human rights. Such special treatment is often seen as an effort to maximize respect for, promote, protect and fulfill universal human rights. The Legal Protection Convention on the Rights of Persons with Disabilities (hereinafter abbreviated as CRPD) is a convention that has become mainstreaming in these various conventions. The CRPD, namely the convention on the Rights of Persons with Disabilities/Disabilities, has been ratified by the Republic of Indonesia in the Law of the Republic of Indonesia Number 19 of 2011 (hereinafter abbreviated as Law No.19/2011) concerning Ratification of the CRPD. CRPD is an international and national human rights instrument in an effort to respect, fulfill and protect the rights of people with disabilities in Indonesia (Development tool and Human Rights Instrument). The aim of this convention is to promote, protect and guarantee equal rights and fundamental freedoms for all persons with disabilities, as well as respect for the dignity of persons with disabilities as an integral part (inherent digit). Keywords : Disability, Legal Protection, Rights
TINJAUAN YURIDIS TERHADAP PERJANJIAN PINJAM-MEMINJAM UANG YANG DINYATAKAN BATAL DEMI HUKUM (Studi Kasus Putusan Nomor 451/Pdt.G/2012/PN.Jkt.Bar)
Agreement law in business practice is present as one of the aspects that is developing very rapidly throughout the world, to meet the needs of human transactions. However, along with the development of contract law in business practice, the actors are sometimes unable to act solely on the basis of the provisions in Book III of the Civil Code concerning Contracts. This study aims to find out whether the West Jakarta District Court judge's decision to decide on a loan agreement between Nine AM Ltd. with PT. Bangun Karya Pratama Lestari is null and void according to the law whether it complies with the legal agreement or not and to state the juridical implicit of the West Jakarta District Court's Decision in Case Number 451/Pdt.G/2012/PN.Jkt.Bar regarding the cancellation of the loan-borrowing agreement. This study uses a type of normative research (normative legal research) using a statutory research approach (statute approach) and a case approach (case approach). The results of this study are 1) The decision of the West Jakarta District Court is in accordance with the law of the agreement that the agreement is null and void. This is because the Loan Agreement has violated the provisions of Article 1320 of the Civil Code, namely it does not fulfill the elements of a lawful cause and contradicts Article 31 of the Language Law and Article 1339 of the Civil Code which stipulates that an agreement is not only bound by what is expressly agreed in the agreement, but also bound by decency, custom, and law. 2) The juridical implication of the decision is that any agreement that is not made in accordance with the provisions of Article 31 of the Language Law will be declared null and void/the agreement is deemed to have never existed and the parties are returned to their original condition. Likewise with any follow-up agreements (accessories) will also be declared null and void, even though the agreement was made in the presence of the official who provided it. Keywords : Agreement, Borrow Money, Null and Void.
SERTIFIKAT HAK MILIK ATAS TANAH YANG TUMPAH TINDIH DITINJAU DARI UNDANG-UNDANG NOMOR 5 TAHUN 1960 TENTANG PERATURAN DASAR POKOK-POKOK AGRARIA
This study aims to determine the factors causing the overlapping certificate of property rights to land at the BPN kuala pembuang office, as well as the settlement strategy carried out by the Land Office. This research is normative research. Data collection is carried out based on the provisions of the basic agrarian law no. 5 of 1960. The collected data are analyzed by qualitative methods. The results showed that: (1) The factors causing the overlapping certificate of title to land at the Kuala Pembuang BPN Office are: The land office does not carry out its duties in accordance with the procedures and provisions of the applicable laws and regulations, the land office does not yet have a complete registration map, the applicant is domiciled outside the city of the disputed land, The applicant did not understand the location of the boundaries of his estate. (2) Resolution of the problem shall be carried out by: complaints, research, prevention of mutations (status-quo), revocation of the Decree in the Land Sector by the Banjarbaru City Land Office and a lawsuit to the Central Kalimantan Administrative Court. (3) The solutions and recommendations provided by the land office shall be through a computerized program of land registration maps, orderly administration of land registration, orderly administration of villages relating to land information. Keywords : Tumpang Tindih, Sertipikat, Hak milik.
TINJAUAN PASAL 67 UNDANG – UNDANG NOMOR 35 TAHUN 2014 PERUBAHAN ATAS UNDANG – UNDANG NOMOR 23 TAHUN 2002 TENTANG PERLINDUNGAN ANAK TERHADAP REHABILITASI ANAK KORBAN NAPZA
Currently, the level of Narcotics protection in Indonesia has become a public marketer, because in reality it is actually mostly carried out by teenagers and young people who are known to have penetrated among elementary and junior high school aged children. Protection of child victims of drug use is the right of every child, therefore it is the duty of parents, society and the government to provide protection to children and how to enforce the Child Protection Law Number 35 of 2014 on the rehabilitation of child victims of drug use. The study in this study is the forms of legal protection for children who abuse drugs, granting the rights of children who are convicted and implementing Law Number 35 of 2014 concerning Child Protection. The results of the study show that the implementation of Law Number 35 of 2014 concerning Child Protection has been realized, because where children are involved in cases of abuse. continue to provide the alleged rights of children. Children still get education for those who are still in school. For children who drop out of school will be given the opportunity to develop their ideas and creativity in an institution that The examination process carried out by children will be accompanied by parents and legal advisors. Children who are proven to have used drugs will be given treatment in the form of rehabilitation until the child is free from drugs. Keywords : law, child protection, drugs
KEPASTIAN HUKUM MENGENAI PENDAFTARAN TANAH DITINJAU DARI PERATURAN PEMERINTAH NOMOR 24 TAHUN 1997 TENTANG PENDAFTARAN TANAH
In Government Regulation No. 24 of 1997 on land registration. Chapter 1 verse 1 explains What is meant by land registration is a series of activities carried out by the government continuously, continuously and regularly. The land registration itself can show Area, value, and ownership of a plot of land, which in principle land registration is aimed at to ensure legal certainty where as provided in chapter II regarding the principles and purposes of the articles 3 and 4 of Government Regulation No.24 of 1997 concerning land registration where registration The land itself has one of the purposes, namely to obtain legal dubioty to the right on land registered with the holder of the right concerned which is then granted a certificate Land RightsWith the demand for the land of a plot, the government held land registration throughout the territory of the Republic of Indonesia This study aims to find out How is the legal certainty regarding the registration of land related to the subject and object of the right to land to be registered with the national land agencyto then obtain evidence ownership of legal land in the form of a certificate besides that this research also has the purpose of to find out how the legal certainty of ownership of land that is double-certified. Deep this research research method used is normative legal researchIn research This normative law legal research focuses on the rules or principles conceptualized as a norm or rule derived from laws and regulations, rulings courts, as well as the doctrines of leading legal expertsin addition the material studied in this normative legal research is library material which is secondary data and also using a juridical approach to sharpen and become a consideration in analysis Legal Research Materials with the aim of knowing the basics of law and backgroundlegislation regulating land registration, especially in the case of obtaining legal certainty of land rights such as objects and subjects to land ownership, land registration firstand maintenance of land registration data.according to Government Regulation No.24 of the Year 1997.The contribution targeted in this study is in the form of national journals. Keywords : Land Registration, Legal Certainty, Double Certificates, Government Regulation No.24 Of 1997 Concerning Land Registration
ANALISIS YURIDIS TERHADAP HAK PEKERJA BERDASARKAN PASAL 79 DAN 88 UU NO 11 TAHUN 2020 TENTANG CIPTA KERJA ANALIS PUTUSAN MK NOMOR 91/PUU-XVII/2020
The Constitutional Court Decision Number 91/PUU-XVIII/2020 states that formal review of unconstitutional Job Creation Law is conditional and still valid with a deadline of 2 (two) years for improvement. The formal examination of the law is aimed at assessing the validity of the process and stages, techniques, and external forms of the formation of laws and regulations. Theoretically a regulation which is declared conditionally unconstitutional in a formal examination does not have binding legal force as a whole. Therefore, it is necessary to conduct research related to the formal review of the Job Creation Law in the Decision of the Constitutional Court Number 91/PUUXVIII/2020 in the perspective of Legislation. The research is juridical normative with a statutory and conceptual approach. Data obtained through literature study in the form of secondary data. All data are processed qualitatively to produce prescriptions for problem solving. The results show that the Constitutional Court's decision stating that the procedure for establishing the Job Creation Law is flawed creates consequences and ambiguity related to the inconsistency of decisions, the indecisiveness of the limits on the suspension of government actions or policies that are strategic and broad in impact, and the unclear improvement of the Job Creation Law and the P3 Law. As a result, the government had to postpone the establishment of implementing regulations for the Job Creation Law, make changes according to the Constitutional Court's decision on the Job Creation Law, and involve the community's active participation in its formation. Keywords: Constitutional Court Decision, Job Creation Act, Procedural Review.
IMPLEMENTASI HUKUM DALAM PERKARA TINDAK PIDANA PERZINAAN YANG DILARANG DI INDONESIA DI TINJAU DARI PASAL 284 KITAB UNDANG-UNDANG HUKUM PIDANA (KUHP)
There are many impacts of adultery, so adultery is a disgraceful act that deserves to be criminalized. Compliance and observance of social values, norms and religion in Indonesia are increasingly being questioned. The regulation of the crime of adultery in the Indonesian legal system has several elements that are inconsistent with living law in society. Changes in lifestyle in society as an implication of globalization is one of the causes. Adultery is one of the things that causes unrest in society. To eliminate anxiety in society, a discourse emerged to make criminal rules for adultery perpetrators, so that on that basis an assessment is needed on the relevance of criminal rules for perpetrators of extramarital sexual relations (zina). The model for the formulation of the crime of adultery in the 2019 Criminal Code Bill has adopted the definition of adultery from the law that lives in society, although it has not yet considered the perpetrator's marital status and pregnancy as an aggravating element. The method used in this study uses normative legal research methods. Where in normative research a study of law is carried out as a norm, namely researching and studying objects against its legal principles, through a statute approach to laws, as well as a socio-legal and historical approach to sharpen the analysis of legal research materials which aims to know the basics of thinking. Based on the results of the research, the arrangements for the crime of adultery are determined in Article 284 paragraph (1) of the Criminal Code. Article 284 paragraph (1) of the Criminal Code has provided clear limitations that one of the elements of this Article on Adultery is limited to circumstances where one person has been bound by a marriage beforehand or both have been bound by a marriage that is legally valid. Further punishment can be carried out in the event that an act of adultery is committed against a minor as stipulated in Article 287 paragraph (1). Then the relevance of setting criminal acts for perpetrators of adultery when viewed from the point of view of the punishment itself adheres to the joint theory. The outputs targeted in this study are mandatory outputs in the form of accredited national journals. Keywords: Adultery, Living Law, Implementation.
PEMBATALAN PERJANJIAN SEPIHAK SEBAGAI PERBUATAN MELAWAN HUKUM DITINJAU DARI PASAL 1365 KITAB UNDANG-UNDANG HUKUM PERDATA
An agreement is an event where a person promises to another person or where the two of them bind themselves to an agreement made between the two. Unilateral cancellation of an agreement can be said to be an unlawful act because the act violates the law or law because in the agreement that has been made, both can cause legal consequences, because the cancellation is carried out unilaterally to one of the parties who is felt to be at a weak point with use their arbitrariness to cancel the agreement without any reason justified in law. Looking at how default can be used as an excuse in canceling an agreement, whether between default and unlawful acts have similarities because both are actions that can harm other people. In the research that raises the discussion of "Unilateral Cancellation of Agreements as an Unlawful Act in View of Article 1365 of the Civil Code" this is a normative juridical law study in the form of legislation or written law, in this case the author focuses on Article 1365 of the Civil Code. Civil Law Law, and how default can be used as an excuse by one of the parties to cancel an agreement Keywords: Agreement, Default, Unlawful Act
PERLINDUNGAN HUKUM PERSELISIHAN HUBUNGAN INDUSTRIAL PEMUTUSAN KERJA SECARA SEPIHAK AKIBAT PERIZINAN DAN UPAH MINIMUM DAERAH DITINJAU DARI UU NO.13 TAHUN 2003 J.O UU NO. 2 TAHUN 2004 TENTANG KETENAGAKERJAAN
Industrial Relations is a system of relations that is formed between actors in the process of producing goods and or services consisting of employers, workers or laborers, and the government which is based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. This research aims to find out legal protection for employees who are victims of unilateral Termination of Employment, and to explain the low regional minimum wages felt by workers. Legal protection is a protection given to legal subjects in accordance with the rule of law. Termination of Employment (PHK) is the termination of the employment relationship due to a certain matter which results in the end of the rights and obligations between workers or laborers and the company. Workforce is anyone who is able to do work to produce goods and or services to meet the needs of the community. Wages are compensation received by workers from employers for services provided to companies based on the length of working hours and the number of products produced, as well as an agreement between workers and employers in determining the amount of wages. This research is based on the type of normative legal research, namely researching and studying objects against its legal principles, through a statutory approach to laws, as well as a historical juridical approach to sharpen the analysis of research legal materials which aims to find out the basics of thought, history legal background and statutory regulations governing termination of employment. The mandatory outputs are in the form of national journals and several additional outputs. Keywords: Industrial Relations, Employment, Termination of Employment.
ANALISIS YURIDIS TERHADAP PENJATUHAN HUKUMAN TAMBAHAN BERUPA KEBIRI KIMIA BAGI PELAKU KEJAHATAN KEKERASAN SEKSUAL KEPADA ANAK DI BAWAH UMUR DI TINJAU DARI PASAL 28 b UNDANG-UNDANG DASAR 1945
Children are an important part of society that plays an important role in the survival of a nation and state, therefore the state is obliged to ensure that every child is obliged to obtain legal protection from various aspects of life, as it is known that recently children have become one of the targets crimes, especially crimes of sexual violence. Even from 2019 to 2021 crimes of sexual violence against children are increasing, bearing in mind that Law No. 35 of 2014 has not fully provided a deterrent effect on perpetrators. Therefore, the government, in order to protect children from all forms of sexual violence crimes, made a regulation contained in PP No. 70 of 2020 which regulates the use of chemical castration as a way to give a deterrent effect to perpetrators of sexual violence against children, but in one On the other hand, the provision of additional punishment in the form of chemical castration is considered as torture and is considered to violate human rights because the additional punishment in the form of chemical castration is considered to make the perpetrator unable to continue to reproduce. This study aims to find out what are the implications of the application of chemical castration for perpetrators of crimes of sexual violence against minors when viewed from article 28 b of the 1945 Constitution and to what extent this aspect of giving additional punishment applies. The research method used by researchers in this study is the normative legal method, namely the legal research method used by examining library materials or periodical secondary materials. Keywords : Children, sexual violence, chemical castration
“PERNIKAHAN DINI DIMASA PENDEMI COVID 19â€ (Ditinjau Dari Undang-Undang Republik Indonesia Nomor 16 Tahun 2019 TentangPerubahan Atas Undang-Undang Nomor 1 Tahun 1974 Tentang Perkawinan)
The Covid-19 pandemic in Indonesia has had a very broad impact, starting from the economy, social, education and health. However, during the Covid-19 pandemic the phenomenon of early marriage increased significantly. Ideally marriage According to Law Number 16 of 2019 Amendment to Law Number 1 of 1974 concerning Marriage, couples who want to get married are at least 19 years old,1 most of the factors that cause early marriage are due to association and free sex which causes pregnancy so that it is necessary In addition to the wedding procession, there are also economic, religious and cultural factors. because during the pandemic, most teenagers were active at home because face-to-face teaching and learning activities were abolished. The purpose of this research is to explain about early marriage during the pandemic from a philosophical, sociological and juridical perspective. This underage marriage suggests that the prospective bride and groom are too hasty in entering household life without thinking about the long term. They do not pay attention to physical and psychological readiness which is the main capital of a household. Marriage does not always bring happiness, especially if it is held at an early age. For those who are not happy, they will always fight and even get divorced. This will be detrimental to both parties and also each family, so this will reduce harmony with each family. Keyword : Marriage, Age, Pendemic