bluuebunny/crossref_metadata_2025 huggingface dataset:
CRIMINAL OFFENSES ARE IN CERTAIN AREAS OF THE AIRPORT WITHOUT PERMISSION FROM THE AIRPORT AUTHORITY
Authors: Timbonga Yotham Th.
Published: January 2024

Only sometimes flights can be carried out well according to the rules because bad things still happen during their implementation. Aware that undesirable things are still happening at airports, anyone is prohibited from being at the airport without permission from the authorized official; this is in line with the contents of Article 210 of Law Number 1 of 2009 concerning Aviation. This research determines the elements of material offenses for criminal acts of being in certain areas at the airport without permission from the airport authority (study Decision Number 725/Pid.B/2020/PN.Sda). This research uses normative legal analysis with a case and statutory approach. The research materials consist of primary legal materials, namely statutory regulations and judge's decisions. The conclusion in this research is that the material offense element of a criminal act is in a particular area at the airport without permission from the airport authority in Decision Number 725/Pid.B/2020/PN Sda, which is correct because it fulfills the elements in Article 421 paragraph 91) Law Number 1 concerning Aviation, the material aspects of which consist of Any person who is in a particular area at the airport, without obtaining permission from the airport authority as intended in Article 210.
JURIDICAL ANALYSIS OF THE CRIME OF MALTREATMENT RESULTING IN SERIOUS INJURY
Authors: Alice  , Bonggoibo
Published: January 2024

Persecution is a crime committed by intentionally damaging the health of another person resulting in injury or pain to a person's body, this persecution is also usually carried out because of a grudge or feeling humiliated by others persecution. the problem of persecution and the Judges' Legal Considerations in imposing crimes against perpetrators of persecution in the Manokwari District Court Decision No. 149/Pid.B.2021.PN.MNK. The purpose of this research is to find out the provisions referred to in the crime of maltreatment of serious injury and to find out the application of criminal sanctions against victims of maltreatment causing serious injury with case number 149/Pid.B.2021.PN.MNK).  The method of analysis and the data obtained are analyzed qualitatively, namely the analysis carried out by understanding and assembling legal materials related to the problems that have been collected descriptively so that an overview of the problem under study can be obtained, then the legal material is presented systematically and then legal interpretation is carried out.
THE EFFECTIVENESS OF THE PROSECUTOR'S AUTHORITY AS AN INVESTIGATOR OF ALLEGED CORRUPTION OFFENSES
Authors: Badaru Baharuddin
Published: January 2024

This study aims to determine the effectiveness of the investigation into alleged corruption and the factors that influence the effectiveness of the investigation into alleged corruption. The research method used in writing this is an empirical method, with secondary and primary data coverage. The results of this study indicate that the effectiveness of the investigation into alleged corruption is still not effective, this can be seen from the existence of areas in investigations that have not been completed due to several obstacles in adjusting to the material elements of corruption and there are several factors that influence the effectiveness of the investigation into alleged corruption, including namely; legal substance, legal structure, facilities and infrastructure, and legal culture of the four factors that have the most influence on the effectiveness of the investigation of suspected corruption is the legal structure of calculations Auditor to BPK/BPKP. Recommendations for research on all forms of obstacles for the effectiveness of investigations into criminal acts of corruption committed by the investigating prosecutors so that they are even more efficient in finding evidence for the sake of accelerating investigations, increasing the number of prosecutors' personnel, and it is necessary to procure a new profession of prosecutors who are authorized in auditing (auditor certification), so that they have special expertise in financial auditing without Waiting too long for the audit results of other institutions for the sake of efficiency and acceleration of the next law enforcement process. Keywords: Investigative effectiveness, corruption.
LEGAL PROTLEGAL PROTECTION FOR CUSTOMERS OF CECTION FOR CUSTOMERS OF CONVENTIONAL INSURANCE COMPANIES THAT CONVERT INTO SHARIA GENERAL INSURANCE
Authors: Manurung Qhairul Fadly
Published: January 2024

The problem of legal protection for customers who are members of insurance companies that carry out conversion from conventional insurance to general Sharia Insurance has indications of the emergence of legal problems.  This is because the  customer must decide whether to renew the policy contract with Adira Insurance for conventional general insurance products or change the policy contract to a Sharia General Insurance Policy.  The research method used is normative juridical. The purpose of this study is to answer about legal protection for customers who are members of insurance companies that carry out conventions from conventional insurance  to general Sharia Insurance. The results showed that its urgency to  find a format and solution from the company for all former clients of PT Zurich Insurance Indonesia so that clients who do not want to transfer their policies to Sharia General Insurance have clear certainty and legal protection.
THE TRADEMARK RENEWAL PROCESS RELATES TO THE EXCLUSIVE RIGHTS OF THE BRAND HOLDER BASED ON LEGAL CERTAINTY
Authors: Laiya Leonard Tasuno , Rahaditya
Published: January 2024

In this age of digitalization, the significance of Intellectual Property cannot be ignored. In experiencing the changing era, the Intellectual Property protection system also needs to adjust well, along with the changes, growth, challenges, and opportunities that exist. The growth of the era cannot be ignored, and in the context of the current growth of Intellectual Property, the protection system must also explore so as not to lag behind and protect the rights of individuals efficiently. With this growth, the process of acquisition and ownership of Intellectual Property as a form of protection of intellectual property, absolutely must be supported, facilitated and facilitated by all parties. With such support, facilitation, and ease, this will not only increase the number and quality of Intellectual Property ownership, but more importantly, it will reflect progress in the field of science and technology at the national level. Not only that, it is also a sign of economic progress and the welfare of citizens. The most important is the trademark which is one of and cannot be separated by aspects of Intellectual Property, along with the Exclusive Rights of the Trademark Holder. Because all of these contexts concern the principle of legal certainty. In the context of the disappearance of national borders due to globalization, with the presence of freedom of entry of objects and services. The management of intellectual property rights is very meaningful for the nation's materials because it can share legal protection for intellectual property owned by creators, inventors, designers, and creators related to their creations or intellectual works.
LEGAL ANALYSIS OF THE PRACTICE OF TRANSFER OF RIGHTS BY FINANCING INSTITUTIONS THROUGH AN ABSOLUTE POWER OF POWER: A REVIEW OF VIOLATIONS OF LAW AND ITS LEGAL IMPACT
Authors: Rohmawati Indah , Khaerudin Ariy , Yudanto Dika
Published: January 2024

This research aims to examine unlawful practices committed by financing institutions in the process of transferring rights by using absolute power of attorney and examine the legal consequences of using absolute power of attorney against the law. The research uses a statutory approach and applicable regulations along with legal principles used to examine the problem under study. The conclusion obtained is that in practice there are still many financing institutions in collaboration with authorized officials who still practice debt and credit mixed with buying and selling, therefore the use of absolute power of attorney in the transfer process is a legal act prohibited by laws and regulations which can be canceled and null and void and is a form of abuse of circumstances and vigilante efforts. The legal consequences of the practice of unilateral transfer of rights using an absolute power of attorney are a form of legal smuggling where when the conditions for the validity of the agreement are not met, which include subjective conditions in the form of an agreement containing elements of unlawful acts and objective conditions regarding legal causes because they violate the Civil Code and Presidential Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights which was later replaced and refined in Government Regulation No. 24 of 1997 concerning Land Registration.
CONSTRUCTION OF ABORTION CRIMINAL PROVISIONS IN THE REFORM OF THE NATIONAL CRIMINAL CODE
Authors: Munandar M. Aris
Published: January 2024

The construction of criminal sanctions for perpetrators of the crime of abortion in Law of the Republic of Indonesia Number 1 Year 2023 concerning the Indonesian Criminal Code (Kitab Undang-Undang Hukum Pidana/KUHP) in general contains a change in perspective regarding abortion. The criminalization of abortion in the National Criminal Code is a form of reform in law enforcement for the crime of abortion. The method of research used in normative legal research. The result of research reduction in the threat of imprisonment in the National Criminal Code for abortion perpetrators indicates a moderation of criminal sanctions for perpetrators of criminal acts. This is very different from the spirit of the Law of the Republic of Indonesia Number 36 Year 2009 concerning health (the Health Law) in preventing abortion. This is because abortion is indeed a field of criminal health law, which expresses the verb is and should indeed be regulated in health law as a lex specialist. However, there are also efforts to benefit that are proposed in the National Criminal Code, namely by providing 14 (fourteen) weeks of pregnancy termination for women who wish to have an abortion either for medical indications or for the crime of rape or other criminal acts of sexual violence.
LAW ENFORCEMENT AGAINST CHILDREN WITH VIOLENCE
Authors: Juhriati  , Jufrin  , Muhammad Amin
Published: January 2024

The purpose of this research is first to describe the implementation of law enforcement against child victims of intercourse accompanied by violence in the Bima Kota Police PPA Unit; second, to describe the obstacles in law enforcement against child victims of violent intercourse at the Bima Kota Police PPA Unit. Empirical legal research methods (non-doctrinal), case and policy approaches, using data collection, documentation, observation and interviews and integrating with literature review of legal documents relevant to the object under study, and analyzed descriptively. The results of the study show, First, the implementation of law enforcement against child victims of violent intercourse at the Bima City Police Unit PPA is in accordance with applicable laws and regulations using the Criminal Procedure Code and the SPPA, where at the investigation level it is carried out starting with an initial examination or interrogation of witnesses who can provide clues to the incident. Then a post mortem et review was carried out on the victim's child to identify injuries to physical violence. Then the crime scene was processed at the scene to confirm other clues. Second, obstacles in law enforcement against child victims of sexual intercourse, (1) Witnesses who are still children and find it difficult to communicate during the examination process. Especially if the key witness is a child who is still traumatized by the events he witnessed. (2) There were no witnesses who saw them directly and the witnesses did not want to come to provide information. (3) There were difficulties in uncovering the cause of death of the victim's child because in the jurisdiction of the Bima City Police there were no forensic experts so they had to carry out an autopsy at the Bayangkara Hospital in Mataram. (4) There is no expert psychologist witness accompanying the child witness in proving the quality of the testimony given by the child witness.
SETTLEMENT OF LAND OWNERSHIP DISPUTES BETWEEN MM LACHINSKY AND NY CAECILIA
Authors: Marshella Evi , Arikha Saputra
Published: January 2024

The most fundamental thing about the modus operandi of violations in the implementation of Agrarian Law is the error in understanding, recognizing and applying the conversion of land rights from before and after the enactment of UUPA No. 5 of 1960. Apart from that, the worst thing is that there have been actions, among others, legalizing the mutation of documents with legal defects, the wrong application of the relevant law, changing the measuring papers to pictures of the situation and the mistakes of law enforcers and law enforcement. The results of this study indicate that the Basic Agrarian Law has never regulated that since the enactment of the Law, lands owned by citizens and foreigners have become land controlled by the State. Conversely, when the law is enacted, the old land rights must first apply the conversion provisions that are relevant to the position of the case, in this case are Article 1 paragraph (3), (4), (5) Provisions Conversion of UUPA and Article 12. These regulations are actually looser for foreign citizens who are being burdened with former rightsground lease. This concession and protection are explicitly or implicitly stated in these regulations, namely when there are obstacles for foreign nationals to obtain land conversion e.I dobecome property rights based on Article 1 paragraph (1) of the UUPA Conversion Provisions No. 5 of 1960, then article 1 paragraph (3) protects foreign ownership through conversion to building use rights referred to in article 35 paragraph (1) UUPA No. 5 of 1960. Whereas according to Article 36 paragraph (1) point a. Building use rights are forcitizen Indonesian only.
LEGAL REASONING OF THE JUDGE'S DECISION REGARDING GOVERNMENT PROCUREMENT CONTRACT GUARANTEE CLAIM
Authors: A Malik Djamil , Erwin Yulias , Nurjannah Septyanun
Published: January 2024

The decision is a written legal text made by an authorized judge, and its legal product is categorized as a crown. However, despite being considered a crown, a judge's decision is not exempt from examination by legal scholars. The optics used in the examination process are based on various perspectives, including hermeneutics as the fundamental basis for interpreting the text (decision). Substantively, hermeneutics has three main streams of thought, namely as a theoretical (methodological), philosophical, and critical hermeneutics, each with different understandings. Hermeneutics as a method focuses more on the effort to capture and reveal the meaning of the text, while philosophical hermeneutics goes beyond that and emphasizes "capturing meaningful meaning," implying that the meaning of the text can be continuously produced through a dialectical process. On the other hand, critical hermeneutics focuses on the aspect of disclosing the meaning of the author's ideological interests. This research aims to examine the legal reasoning in Decision No. 272 / PDT.G / 2017 / PN.BDG regarding the Government Procurement Contract Guarantee Claim from the perspective of Hans Georg Gadamer's Hermeneutic Circle. The research type is normative doctrinal, using secondary data sources consisting of primary, secondary, and tertiary legal materials with a conceptual approach, statutory approach, and case study. The research findings suggest that the process of claiming a bank guarantee through the judicial institution can be carried out by the Procurement Committee (PPK) as long as they obtain authorization from the Budget User, who is the owner of the work (bouwheer). This is due to the hybrid nature of government procurement contracts, which distinguishes them from private contracts, and the clarity of the scope of authority of the Budget User serves as the establishment of formal justice, acting as a bridge (epistemology) toward substantive justice.
COMPARISON OF CIVIL INHERITANCE LAW AND TOBA BATAK TRADITIONAL INHERITANCE LAW REGARDING THOSE WHO ONLY HAVE DAUGHTERS AS HEIRS
Authors: Sipahutar Gracia Taruli Apriliani , Yunanto
Published: January 2024

This research aims to determine the position of daughters in the distribution of inheritance based on Toba Batak customary inheritance law. This research contains a comparison of the laws contained in the Civil Code with the Toba Batak Traditional Inheritance Law that lives in society. The research method was carried out in a normative juridical manner using a comparative legal approach. This research uses primary legal sources, namely Legislation and Customary Law. Meanwhile, secondary legal sources are obtained from literature studies using journals or other written research. This literature study also uses sources obtained via the internet, such as expert opinions in webinar videos. Based on research, there are differences in provisions in the Civil Code and the Toba Batak Traditional Inheritance Law. The division of inheritance in the Civil Code equalizes the position of women and men. Meanwhile, in the Toba Batak Traditional Inheritance Law, the position of men is still considered higher than women. This research also shows that there are traditional misunderstandings that cause discrimination against women. In the more traditional Toba Batak Customary Law, women also receive inheritance, but in a different form, for example pauseang.
JURIDICAL ANALYSIS OF REJECTION OF INKORTING BY TESTAMENTER HEIRS
Authors: Hermawan Firza Ayudya , Rahandy Rizky Prananda
Published: January 2024

The inheritance system that is enforced in Indonesia, among other things, is by using an inheritance system based on the Civil Code. This provision allows the deceased to bequeath his assets to ab intestato heirs or even to a third party by making a will or testament. Making a will allows the deceased to give some, a part, even all of their assets to other people, which opens the possibility of the absolute portion or Legitieme Portie being violated by the legitimatary heirs. In the event that the legal heirs object to the violation of the absolute portion, it is possible to reduce or inkorting the assets obtained by the testamentary heirs. This article aims to determine the position of a testament in an inheritance and whether or not a testamentary heir can rejected in the event of being decided to do inkorting using research using normative juridical methods. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive. The conclusion obtained is that the position of the testament is considered higher because it is the final wish of the testator, but its application is still limited by Article 913 of the Civil Code. Meanwhile, incorruption cannot be rejected by the testamentary heirs, because the arrangements regarding the fulfillment of the legitieme portion are coercive.
DEVELOPMENT OF REGULATIONS ON VOTING RIGHTS PEOPLE WITH MENTAL DISORDERS POST-CONSTITUTIONAL COURT RULING APPLIED
Authors: Oktari Tanti
Published: January 2024

This research only focuses on the regulation of the right to vote in general elections, whether at the national or regional level, for people with mental disorders. The general paradigm is very varied regarding the mental condition of people with mental disorders. There is a crucial ambiguity regarding the intellectual capacity of people with mental disorders. The effect of the debate concerns granting them the right to vote as a constitutional right. This research aims to explore further the legal politics of regulating the right to vote for people with mental disorders in Indonesia. The research method used is normative legal research with a statutory and comparative approach. The results of this research show that people with mental disorders are subjects who are excluded from being granted the right to vote. This is confirmed in Article 57 paragraph (3) letter a of Law Number 8 of 2015. The meaning of this provision has shifted after Constitutional Court Decision Number 135/PUU-XIII/2015. Restrictions are granted only in cases of mental disorders and/or permanent memory according to mental health professionals who have lost the ability to choose. The ratio decidendi which is the argument is that the condition of people with mental and/or memory disorders is not permanent enough to eliminate their intellectual capacity to choose. As a result, people with mental disorders can participate in voting in national or regional elections as long as they are not declared by mental health professionals to be incompetent to vote.
POLEMIC OF THE CRIMINAL CODE BILL FROM THE PERSPECTIVE OF ADVOCATES
Authors: Soekasah Siti Sakina
Published: January 2024

Indonesia's existing Criminal Code (KUHP), a remnant from the Dutch East Indies colonial era, is regarded as outdated and disconnected from current societal realities. This has spurred the Indonesian Government to initiate a comprehensive update of the criminal provisions via the Draft Criminal Code (RUU KUHP), which has been in the making for several decades. The RUU KUHP aims to accommodate the evolving needs of the nation's criminal law system. However, this endeavour has sparked controversy, particularly regarding Articles 282 and 515 of the RUU KUHP, which are viewed as discrediting Advocates as independent enforcers of the law. These articles are claimed to be at odds with the Advocate Act, the lex specialis of the RUU KUHP, raising concerns about the potential impact on the professional status of Advocates. Moreover, Article 281 of the RUU KUHP has raised alarms due to its potential as a 'rubber article', susceptible to multiple interpretations, which could undermine the principle of legal certainty. This normative-juridical study utilises a descriptive-analytical methodology to analyse these contentious aspects of the RUU KUHP. It concludes that the provisions regarding Advocates conflict with the Advocate Act, and the ambiguity in Article 281 raise the risk of misuse and legal uncertainty. While the RUU KUHP signifies a crucial effort towards modernising the nation's criminal law system, these issues must be addressed to ensure its credibility and effectiveness.
ASPECTS THAT INFLUENCE THE QUALITY OF PUBLIC SERVICES FOR PERSONS WITH DISABILITIES IN OBTAINING HUMAN RIGHTS IN INDONESIA
Authors: Utami Angelina Yusi , Arvianti Eri Yusnita , Rifai Muhamad
Published: January 2024

Public service quality is a public service provided by organizations to serve the needs of people in Indonesia, including people with disabilities. The aim of this research is to identify aspects that influence the quality of public services for people with disabilities in obtaining human rights. The research method used in this article is a literature study by summarizing and examining the extent to which previous studies analyzed phenomena among people with disabilities in achieving human rights and analyzed them comparatively into scientific works. The results of this writing show that the aspects that are a problem are the lack of adequate public services for people with disabilities. Often their rights and obligations are not fulfilled due to various aspects, namely lack of access to information, families closing themselves off so that data is not obtained by the government, being a source of mercy or being used by certain individuals to become beggars and the absence of socialization about people with disabilities to the general public.
ERADICATION OF CRIMINAL ACTS OF CORRUPTION TOWARDS DIRECTORS OF COMMANDITAIRE VENNOOTSCHAP WHO PERFORM CRIMINAL ACTS OF CORRUPTION
Authors: Sibghatullah BW As'ad Djaelani
Published: January 2024

This study aims to determine and to qualify criminal acts of corruption within article 2 and article 3 of Law Number 31 Year 1999 On Eradication of Criminal Acts of Corruption, and to determine the application of material criminal law and legal considerations by the judges in deciding the verdict

The statute approach, which examines laws that are related to research problems, is the approach used in this normative research. In addition to the statue approach, the author also carries out a case approach, which means that this research is complemented by a review of the judge's considerations in the decision. The primary and secondary materials obtained were then analyzed descriptively to then be presented qualitatively.

This research concluded that: 1) Article 2 and Article 3 of the Law of 1999 has several differences. One of the differences can be found on the subject. Article 2 applies to anyone who commits the act and Article 3 applies to anyone with a "post or position" who abuses the authority in committing the act. This means the subject of Article 3 only refers to Civil Servants; and 2) the application of material law against the CV Director who committed the criminal act of corruption is improper due to the facts that the defendant as a CV director is not considered as a Civil Servant and the judge consideration sentenced the defendant with subsidiary indictment ( Article 3) because according to the judges his action fulfills the materials of the article.
JURIDICAL ASPECTS OF UNDERAGE MARRIAGE AND CUSTOMARY LAW
Authors: Royani Esti , Nurtjahjo Arief , Bilung Norti , Sajid Ali
Published: January 2024

In Mahakam Ulu Regency, underage marriages occur, where men are only 16 years old and women are 14 years old. From a positive legal perspective, underage marriage is very unusual for those who marry at a very young age, from a legal perspective it can violate Law Number 35 of 2014 the role of parents to prevent underage marriages in this case is contrary to the Act. Child Protection Act. Throughout 2019, in Mahakam Ulu Regency in the past year,  according to research recorded at the Population and Civil Registration Office in Mahakam Ulu Regency, 20 underage couples got married. The majority of couples who marry underage are pregnant out of wedlock due to promiscuity. Of the twenty couples, the village with the highest number of child marriages compared to other villages, namely six couples, occurred in Mahakam Ulu Regency. empirical juridical research, research using field data. The results showed that the Juridical Aspects of Underage Marriage according to Indonesian Positive Law can be seen in the provisions of Law Number 16 of 2019 concerning Marriage Article 7 paragraph (1) Marriage is only permitted if the man has reached the age of 19 years and the woman has reached the age of 19 years. Article 6 paragraph (2) To carry out a marriage, a person who has not reached the age of 21 years must obtain permission from both parents and Law Number 23 of 2002 concerning Child Protection Article 26 (1) Parents are obliged and responsible for: caring for, maintaining, educate and protect children, develop children according to their abilities,  talents and interests and; prevent child marriage.
REVIEW OF CUSTOMARY DIVORCE IN MANIPI VILLAGE, PANA DISTRICT, MAMASA DISTRICT
Authors: Hidayah Nur , Idrus Wahyuni , Putri Andi Istiana Inayah Dwi
Published: January 2024

Divorce in Manipi Village, Pana District, Mamasa Regency still uses customary Law. Mamasa is where there is no need to bring a divorce suit to court, but it can be carried out according to custom; apart from that, there are also customary sanctions for perpetrators of divorce. This writing uses nonmatof research with a statutory and conceptual approach. Divorce according to custom in Manipi Village, Pana Subdistrict, Mamasa Regency, namely through customary judges and the local government, and giving Mamasa customary divorce sanctions (Kapaa) based on Tana' (caste) where the customary sanctions are in the form of buffalo and pigs, but due to developments the times, the payment of Kapaa at this time is by the agreement of the family in a case in the form of money or anything that costs a pig or buffalo.
JURIDICAL REVIEW OF BANKRUPTCY CONDITIONS AND DELAY OF DEBT REPAYMENT OBLIGATIONS
Authors: Hidayat Anwar , Abas Muhamad , Purwana Dalih
Published: January 2024

Bankruptcy results in a general confiscation of all assets of the bankrupt debtor (budel bankrulit). An important phase in the bankruptcy process is the insolvency stage. Based on the explanation of Article 57 paragraph 1 of the Bankruptcy Law and PKPU, what is meant by insolvency is the state of inability to pay, this is in line with the Central Jakarta Commercial Court Decision Number: 44 / PDT. SUS. PAILIT/20 20/PN. TRADE. JKT. PST. That PT.  Pazia Retailindo was declared bankrupt. Application for bankruptcy filed by PT. Dana Kaya through its Directors, namely Sri Dewi Endang Mumpuni and Ambar Bawono on October 20, 2020, was represented by the appointed legal representative, namely PARLIN SIHOMBING, S.E., S.IP., S.H. Advocate at the Law Firm BELASSANDRO TORUAN &; PARTNERS. The problem raised in this study is the condition of Insolvency of PT. Pazia Retailindo before the bankruptcy decision  , and what underlies the judge's consideration in the bankruptcy decision Number: 44 / Pdt.Sus.Pailit / 20 20 / Pn.Niaga.Jkt.Pst which refers to Law Number 37 of 2004. This research uses a Normative Juridical approach. The result of this study is that the legal considerations used by the panel of judges in deciding the bankruptcy case of PT. Pazia Retailindo complies with Law Number 37 of 2004 concerning Bankruptcy and PKPU, namely the fulfillment of all elements contained in Article 2 Paragraph 1 and Article 8 Paragraph 4 of the Bankruptcy Law and PKPU.
COMPARATIVE ANALYSIS OF MARRIAGE DISPENSATION ARRANGEMENTS IN LEGISLATION IN INDONESIA
Authors: Bima Muhammad Rinaldy
Published: January 2024

This thesis aims to determine the age limit for marriage as regulated in Law No. 16 of 2019. The law regulates the minimum age for marriage, which is 19 (nineteen) years for both men and women. In addition, this thesis also examines the implementation of the new Marriage Law in the city of Makassar and the factors that cause underage marriages in the city of Makassar. This research uses empirical legal research (non-doctrinal legal research), which is a legal research method that focuses attention on the legal reality in society. The conclusion is that the number of underage marriages in the city of Makassar is still relatively high both before and after the enactment of Law No. 16 of 2019 concerning marriage in October 2019. The percentage of underage marriages in the Makassar City Religious Court obtained the following data: there were 70 cases of underage marriages in 2017, 82 cases in 2018, 57 cases in 2020, and there were 44 cases in 2021. In addition, based on the results of research, several factors cause underage marriages in Makassar City, including education factors, accidental marriage (pregnancy out of wedlock), low level of education, and economic factors. The recommendation of this research is for the community because many requests for dispensation from marriage are motivated by the social environment, one of which is because of association. Therefore, it is necessary to give religious understanding from an early age to minimize the occurrence of things that are not good.
DETERMINATION OF THE CONCEPT OF VIRTUAL PERMANENT ESTABLISHMENT IN ELECTRONIC TRANSACTIONS TO CREATE LEGAL CERTAINTY
Authors: Emelia Retno Kadarukmi Maria
Published: January 2024

This article is intended to analyze the following issues, the establishment of the concept of virtual Permanent Establishment (BUT) and the criteria required to create legal certainty in the collection of income tax on transactions via the Internet. Based on the research results, it is known that essentially e-commerce transactions are not visible (intangible). Through the definition of Article 2 paragraph (5) letter p, the Government attempts to "realize" the transaction into the real thing, so that it meets the criteria of BUT, as mentioned in the OECD in the form of "place of business". In fact, the Government in terms of determining the concept of virtual permanent establishment (BUT) and criteria required to create legal certainty in the collection of income tax on e-commerce transactions, still use the existing criteria in Article 2 paragraph (5) of Income Tax Law. However, the definition in Article 2 paragraph (5) letter p of Income Tax Law has not explained component "fixed" explicitly as required by the OECD, because it has not confirmed the limits of a certain time period, so that a server be "fixed."
A Study on the Future Talent Development of the Casino Industry
Authors:   Korea Integrated Resort Forum, Choi Eun-Mi , Jin Chan-Ho
Published: January 2024

Purpose: The purpose of this study is to analyze the educational environment of the casino industry and to suggest ways to cultivate future talent.
Method: Based on the literature review of the Ministry of Culture, Sports and Tourism, this study examined the cultivation of future talents in the casino industry.
Results: Through this study, it was confirmed that the casino industry will increase new recruitment and turnover due to the new opening of Inspire Entertainment Resort.
Conclusion: A comprehensive development plan (dealing standardization, casino dealing competition, industry-academia-research) is needed to foster the casino industry as a tourism industry that is internationally competitive, transparent and healthy and contributes to the development of the MICE industry.
Interdisciplinary Research Implications: This study is a study on the future human resources development of the casino industry in the tourism industry, and interdisciplinary research for the leisure field of the complex resort should be carried out in connection with the aspect of physical education in the future.
A Study on The Price Determinants of Newly Built Apartments: Focusing on Gangnam-gu, Seocho-gu, and Songpa-gu in Seoul
Authors:   Korea Real Estate Industry Society, Park Dukkyu , Park Munsu
Published: January 2024

A study analyzed the impact of housing characteristics on apartment prices in the Gangnam districts of Seoul using transaction data from 2018-2022. The study found that certain housing characteristics such as the number of floors, reputation of construction companies, number of parking spaces, and elapsed years had a positive effect on price. On the other hand, factors like the number of households, dedicated area size, and floor area ratio had a negative effect. Apartments with a view of the Han River had the highest price premium among environmental characteristics. Additionally, the transaction year had a strong positive effect on price, indicating a continuous increase in apartment prices during the studied period.
Manevi Danışmanlar İçin Kılavuz: Danışma İlke, Beceri ve Teknikleri
Authors: KAVURKACI Esma Zennure
Published: January 2024

Manevi danışmanlık, ülkemizde son yıllarda gelişmelerin yaşandığı ve alanda çalışmaların hız kazandığı bir danışmanlık hizmetidir. Bu sebeple alanda yazılan Türkçe kaynaklar oldukça sınırlıdır. Bu makalede tanıtılacak olan kitap, alandaki sınırlı sayıda çalışmaların artmasına yardımcı olmuştur. Buna ek olarak yazar asıl amacını; alandaki yeterlilikleri oldukça az olan danışmanlara, uygulayabileceği yöntemlerin tanıtıldığı bir el kitabı ve kılavuz oluşturulması olarak ifade etmiştir.
Nefs Psikolojisi: Kuram & Uygulama
Authors: İSKEÇLİER Tuba Nur
Published: January 2024

Nefs psikolojisi ve maneviyat kapsamında yapılan çalışmalara katkı sağlaması amacıyla kaleme alınan bu eser, alanda yapılan diğer çalışmalardan ve psikoterapi sürecindeki pratik deneyimlerden faydalanarak nefs psikolojisi yaklaşımını teorik ve pratik çerçevede ele almayı hedefleyen nitel bir araştırmadır. Kendisinden sonra alanda yapılacak çalışmalara yol gösterici nitelikte olması ve Türkiye’de nefs psikolojisi alanında akademik anlamda yapılan ilk çalışma olması bakımından önemlidir.
Manevi Danışmanlık ve Rehberlik Perspektifinden Nefs Psikolojisi ve Nefs Psikoterapisi
Authors: AKTAY Elif Nihal
Published: January 2024

Danışanlarının ruhsal ve manevi bütünlüğünü korumayı amaçlayan manevi danışmanlık ve rehberlik, onların günlük yaşamlarında karşı karşıya kaldıkları stres, kaygı ve depresyon gibi sorunlarla başa çıkmalarını sağlayan kontrol mekanizmalarını kuvvetlendirmeyi hedefler. Manevi danışmanlık ve rehberlik hizmetleri, danışanların başa çıkma süreçlerinde etkili bir rol oynamaktadır. Bilinen ana akım psikoloji ekollerinin birçoğu, dine ve maneviyata karşı mesafeli duruşuyla bireyi genel olarak pozitivist bir yaklaşımla inceler. Nefspsikolojisi ekolü ise insan doğasını diğer ekollerden farklı bir anlayışla ele alır. Bu çerçevede, her ekolün kendine özgü bir teorik arka planı ve uygulama tekniği vardır. Nefs psikoterapisi de bu ekolün pratik uygulamasıdır. Manevi danışmanlık ve rehberlik perspektifinden nefs psikolojisi ve nefs psikoterapisinin değerlendirildiği bu makalenin amacı,nefs psikolojisi ekolünün ve bir terapi tekniği olarak nefs psikoterapisinin, manevi danışmanlık ve rehberlik alanındaki bağlamına katkı sağlamaktır. Bu doğrultuda ilk olarak ekolün tanımı ve amacından söz edilerek terminoloji, bağlam ve tarihçesine yer verilmiştir. Daha sonra ise nefs psikoterapisi betimlenerek ilişkili olduğu diğer terapi çeşitlerine yer verilmiştir. Bu noktada nefs psikoterapisi uygulamalarındaki işleyiş ve terapi dinamikleri de betimlenmiştir. Son olarak manevi danışmanlık ve rehberlik araştırmalarında nefs psikolojisinin bağlamı ve manevi danışmanlık ve rehberlik uygulamalarındakinefs psikoterapisinin fonksiyonelliğine değinilmiştir. Makalede sonuç olarak; (i) manevi danışmanlık ve rehberliğin danışanlara olan yaklaşımında, psikolojide uygulanan danışma yöntemlerinin yanı sıra maneviyattan da yararlandığı ve danışanın yaşadığı zorlu yaşam olaylarıyla başa çıkmasında dinin ve maneviyatın önemli bir destek sağladığı; (ii) temelinde İslam teolojisive mistisizmi olan nefs psikolojisi ekolünün insanı analiz etme şeklinin tinsel ve metafizik inanç yönünü de dikkate almasından dolayı bütüncül bir yapıda olduğu; (iii) nefs psikoterapisinin, nefs psikoloji ekolünün pratik bir uygulama tekniği olduğu ve danışanın içinde bulunduğu yaşamsal krizlerle başa çıkıp manevi bir bakış açısıyla onu anlamlandırması süreçlerinde yardımcı olduğu belirlenmiştir. Bu doğrultuda, nefs psikolojisi ekolü ve nefs psikoterapi tekniğinin Türk manevi danışmanlık ve rehberlik araştırma ve uygulamalarında etkin bir şekilde kullanılabileceği önerilmektedir.
Manevi Danışmanlık Bağlamında Türk Müziği Makamlarının Terapötik Etkileri
Authors: BOLAT Hatice
Published: January 2024

Müzikle tedavi, tarih boyunca insanlık tarafından kullanılan en eski tedavi yöntemlerinden biri olarak karşımıza çıkmaktadır. Günümüzde geleneksel tedavi yöntemlerinin yeniden yaygınlaşmasıyla birlikte müzikle tedavi yöntemine duyulan talep artmış, geçmişten günümüze bu alanda yapılan uygulamalar üzerine araştırma ve inceleme çalışmaları başlatılmıştır. Bu çalışmada, Türk müziği makamlarının insan ruhu üzerindeki etkileri incelenmiştir. Bu bağlamda çalışmamız ilk olarak “Türk müziği nedir?” sorusuna cevap vermiştir. Türk müziği, başlangıcını Türk tarihine dayandırdığı için kısaca Türk müziği tarihi hakkında bilgi verilmiştir. Türk müzik tarihi Altaylılar, Hunlar, Göktürkler, Uygurlar, Karahanlılar, Gazneliler, Selçuklular ve Osmanlılar dönemi olmak üzere sekiz başlık altında incelenmiştir. Çalışmamızda ikinci olarak, Türk müziği makamlarının oluşum sebepleri ele alınmıştır. Türk müziğinde “makam” kavramına yer verilerek, çeşitli sınıflandırmalar neticesinde, özelliklerine ayrılan 12 makam üzerinde durulmuştur. Üçüncü ve son olarak da Türk müziği makamları ile Türk tarihinde müzikle tedavi alanında yapılmış çalışmalar ortaya konularak, makamların insan ruhu üzerindeki etkileri incelenmiştir. Makalede, Türk müziği makamlarının yapısal zemini, Türk müziği tarihi ile temellendirilmiştir. Türk müziği, Türk medeniyeti çatısı altında varlığını ortaya koymuştur. Türk medeniyeti “fayda” üzerine kurulu bir medeniyettir. Türk müziği, oluşumunu medeniyetin özünden alarak “fayda” üzerine kurulu bir müzik geleneği ile karşımıza çıkmıştır. Bu sebeple müziğin tedavi edici özelliği üzerinde ağırlıkla durulmuştur. Bu bağlamda “müzik” ve “ruh sağlığı” kavramları ilişkilendirilerek, Türk müziğinin ruh sağlığı üzerindeki etkileri gösterilmeye çalışılmıştır. Türk tarihinde müzikle tedavinin ortaya çıkışı M.Ö. 3000 yılına dayanmaktadır. Türkler, tarih sahnesine çıktıkları ilk günden itibaren müziğin tedavi edici özelliğini keşfetmiş, birçok hastalığın tedavisinde müziği etkin bir araç olarak kullanmıştır. Müzikle tedavi yöntemi, Türk tarihinde her dönem kendini geliştirerek Selçuklu ve Osmanlı dönemlerinde zirve noktasına ulaşmıştır. Bu dönem itibariyle müzikle tedavi çalışmaları makamsal yapı içerisinde ele alınmış, Türk müzisyen ve hekimleri tarafından Türk müziği makamlarının insan ruhu üzerindeki etkileri incelenmeye çalışılmıştır. Bu incelemeler sonucunda Türk müziği makamlarının hastalık, burç, zaman, milliyet, meslek ve ten rengi özellikleri göre farklı etkiler gösterdiği sonucuna ulaşılmıştır.
Maneviyat ve Ruh Sağlığı: Maneviyat ve Psikolojik İyi Oluş Arasındaki İlişki Üzerine Bir Araştırma
Authors: TOSYALIOĞLU Mustafa Burak , ALBAYRAK Ahmet
Published: January 2024

Maneviyat ve psikolojik iyi oluş ilişkisi koruyucu sağlık araştır-malarında önemli konulardan birisidir. Maneviyatın, alanyazın incelendiğinde farklı şekillerde tanımlandığı görülmektedir. Ya-pılan tanımlarda amaç, anlam arayışı, kutsalla olan bağ, aşkın olana yönelme ortak öğeler olarak karşımıza çıkmaktadır. Ülke-mizde maneviyat konusunda yapılan çalışmalar Batı’daki kadar çok olmasa da son yıllarda gözle görülen bir artış söz konusu-dur. Psikolojik iyi oluşa baktığımızda kavramdan ilk bahseden Bradburn’dür ancak psikolojik iyi oluşu terim olarak kapsamlı bir şekilde ele alan kişi ise Ryff olmuştur. Ryff, psikolojik iyi oluşu öznel iyi oluştan kapsamlı ve birçok boyutu içine alacak şekilde tanımlamaktadır. Psikolojik iyi oluşu etkileyen birçok un-sur bulunmaktadır ve maneviyat da bunlardan biridir. İki kavram yapılan çalışmalarda farklı değişkenlerle ele alınmıştır. Psikolojik iyi oluş ve maneviyat ilişkisi ve maneviyatın iyi oluşa etkisinin incelendiği araştırmalar özellikle son yıllarda popüler hâle gel-miştir. Farklı örneklem grupları ile yapılan araştırmalarda mane-viyatın psikolojik sağlık üzerinde olumlu etkisinin olduğu sonu-cuna ulaşılmıştır. Bu çalışmada maneviyat ile psikolojik iyi oluş arasındaki ilişki tespit edilmeye çalışılmıştır. Araştırmamızın ana problemi “Maneviyat ile psikolojik iyi oluş arasında bir ilişki var mıdır ve bir ilişki varsa bu ilişkinin yönü nedir?” şeklindedir. Buna paralel değişkenlerimizle bağlantılı olarak alt problemler oluşturulmuştur. Araştırmaya Türkiye’deki üniversitelerde farklı bölümlerde (psikoloji, din bilimleri, sayısal, sözel ve yetenek pu-anı ile öğrenci alan bölümler) hazırlık, 1. sınıf ve 4. sınıfta eğitim gören 525 öğrenci (385 kız, 140 erkek) katılmıştır. Katılımcılara Psikolojik İyi Oluş ve Maneviyat Ölçeği uygulanmış ve sonra-sında ilişkisel tarama modeli uygulanarak öğrencilerin maneviyat ve psikolojik iyi oluşları belirli değişkenler açısından incelenmiş-tir. Araştırmanın sonucunda maneviyat ile psikolojik iyi oluş ara-sında pozitif yönde anlamlı bir ilişki tespit edilmiştir. Diğer de-ğişkenlerimizden cinsiyet, anne-baba beraberlik durumu, mezun olunan lise türü, eğitim görülen bölüm ile döneme göre mane-viyat puanlarında anlamlı bir farklılaşma olduğu sonucuna ula-şılmıştır. Kadınların, anne-babası birlikte yaşayan kişilerin, imam-hatip lisesi mezunlarının, ilahiyat bölümündeki öğrenciler ile 1.sınıf öğrencilerinin maneviyat puanları daha yüksek bulun-muştur.
Digitalization and Spiritual Values in the Context of Spiritual Counseling: Impacts of the Internet on Values
Authors: TOSUN Muhammed
Published: January 2024

This study delves into the influence of digitization and in-ternet usage on spiritual values. The escalating use of the internet in contemporary times has led to substantial shifts in individuals' value systems and spiritual lives. The rese-arch thoroughly explores the extensive effects of the inter-net on individuals' beliefs, values, and spiritual existence. Consequently, the primary objective is to meticulously examine the alterations prompted by internet usage in indi-vidual, social, cultural, and spiritual values, alongside asses-sing how these changes influence the dynamics of society. The examination of the internet's impact on spiritual values has been an ongoing subject of research for many years, presenting a comprehensive perspective through diverse and intricate studies in this field. The impact of the inter-net on spiritual values is the result of the interaction of va-rious factors. The internet has many advantages, enabling individuals to access information more easily, engage with different cultures, and have various experiences. It is utili-zed in various fields, such as business, entertainment, and educational materials, with the potential to facilitate and en-rich individuals' lives. However, the impact of the internet on spiritual values encompasses not only positive aspects but also negative aspects. While the internet facilitates ac-cess to information, it can also make it easier to access inaccurate information, leading individuals to question their values. Additionally, increased interactions on social media platforms may lead individuals to spend more time in the virtual world, potentially diminishing their commitment to real-world relationships. Spiritual values encompass indivi-duals' character, moral principles, and elements that bring meaning to their lives. The impact of the internet on these values can vary depending on how individuals use the in-ternet, the content they are exposed to, and the values they embrace. Therefore, the impact of the internet on spiritual values is an issue involving various factors.
Computer-Aided Strategic Intervention Material (CA-SIM) in Chemistry 7
Authors: Barrameda Margie
Published: January 2024

This research study developed Computer-Aided Strategic Intervention Materials (CA-SIM) in Chemistry 7 to promote students’ academic performance in science. The study aimed to answer four specific questions related to the format, steps in development, acceptability, and attitudes towards the CA-SIM. The study used a descriptive-developmental design and employed survey questionnaires and evaluation checklists for experts and students as research instruments. The data revealed that the CA-SIM is highly acceptable and satisfying for both teachers and students, with a rating of 2.57. The CA-SIM has ten lessons based on the competencies given by the new curriculum and follows the ADDIE model. The study concludes that the CA-SIM is a modern and effective way to teach Chemistry 7, making teaching and learning easier and more enjoyable. It is recommended that teachers can modify the CA-SIM based on the learners’ needs and contextualize the materials. The study provides a useful reference for other schools and teachers who teach Chemistry.