bluuebunny/crossref_metadata_2025 huggingface dataset:
PERAN PENTING TEKNOLOGI DIGITAL BLOCKCHAIN DALAM UPAYA MENGURANGI KASUS KORUPSI PENGGELAPAN SURAT BERHARGA
Authors: Moch. Ravy Mauludy Baza  , Moh. Agil
Published: August 2024

Keresahan masyarakat dan tingkat kepercayaan masyarakat terhadap pengelolaan keuangan pemerintah akibat banyak sekali oknum pemerintah yang melakukan tindak korupsi. Namun ada beberapa hal yang harus diperhatikan dalam upaya optimalisasi kasus korupsi di Indonesia yaitu dengan memanfaatkan perkembangan teknologi yang ada dan berkembang pesat saat ini. Kehadiran sebuah teknologi tersebut membantu pemerintah dalam upaya mengurangi angka korupsi terhadap pengelolaan keuangan di Indonesia. Kehadiran Blockchain Open Ladger System memberikan sebuah solusi untuk pengelolaan keuangan dalam rangka mengurangi angka korupsi di Indonesia. Penulisan artikel ini mengacu kepada uraian permasalahan diatas dengan menerapkan dan memanfaatkan perkembangan teknologi yang ada dalam era society 5.0. Metode yang digunakan yaitu literature review yang bersumber kepada penelitian terdahulu. Hasil dari pembahasan ini menunjukan bahwa Blockchain Open Ladger System merupakan sistem yang bergerak dalam proses transparansi pengelolaan keuangan. Dalam sistem ini masyarakat dapat mengetahui dengan jelas arah perputaran anggaran keuangan negara yang berjalan sehingga apabila terjadi penyelewengan atau ketidaksesuaian akan dapat langsung terdeteksi pelaku atau permasalahannya.
PERLINDUNGAN HUKUM TERHADAP ANAK DIBAWAH UMUR YANG MENJADI KORBAN TINDAK PIDANA
Authors: Zainudin Hasan  , Nathaniel Benecia Simanjuntak  , M. Al Barade Umaru Jaya
Published: August 2024

Perlindungan anak yaitu segala aktivitas dalam melindungi dan menjamin anak dan hak-haknya untuk bisa berpartisipasi, berkembang, tumbuh, dan hidup dengan maksimal berdasarkan martabat dan harkat kemanusiaan, dan memperoleh perlindungan dari diskriminasi dan kekerasan. Kekerasan pada anak adalah wujud penganiayaan yang disertai dengan tindakan kekerasan baik secara emosional atau fisik yang berakibat buruk kepada tumbuh kembang anak. Dari hal tersebut, sehingga permasalahan yang diangkat pada penelitian ini yaitu bagaimana upaya pencegahan kekerasan terhadap anak dibawah umur di Kota Bandar Lampung. Dalam pelaksanaan kegiatan perlindungan anak, kepastian hukum harus dilakukan untuk mencegah tindakan yang tidak diharapkan. Dibutuhkan sistem perlindungan  terpadu sebagai wujud pencegahan kekerasan pada anak. Upaya pencegahan kekerasan terhadap anak dibawah umur di Kota Bandar Lampung dilakukan dengan cara melakukan penyuluhan dan sosialiasi mengenai undang-undang perlindungan anak dan hak-hak anak, serta dampak kekerasan kepada pembentukan karakter dan kesehatan anak, melaksanakan pelatihan Kader Perlindungan Anak Terpadu Berbasis Masyarakat (PATBM) di beberapa lokasi di Bandar Lampung, melakukan audiensi ke sekolah-sekolah, membentuk program sekolah ramah anak, membangun puskesmas ramah anak dan ruang kreativitas, serta melakukan konseling terkait kekerasan pada anak dibawah umur
Kepastian Hukum Lelang Eksekusi Objek Hak Tanggungan Berdasarkan Parate Executie
Authors: Rahmadi Indra Tektona  , Moh. Ali  , Anang Suindro
Published: August 2024

In general, there are laws that provide protection to banks as lenders to obtain repayment of their debts when the debtor is in default, this is stated in Article 1131 of the Civil Code which reads: "All assets of the Debtor, whether movable or immovable, whether existing ones or those that will be in the future become dependents/guarantees. Debtor's assets, both movable and immovable, both present and future will become dependents/guarantee for their debts. One of the characteristics of the UUHT is that it is easy and certain to execute, which means executing the mortgage certificate. must be carried out but can still provide legal certainty for interested parties, in this case, the auction seller, auction buyer and auctioneer. Therefore, in carrying out executions based on parate execution, it must be able to provide convenience and legal certainty for all interested parties.
Crime Victims in Indonesia's Criminal Justice System Based on The Criminal Procedure Law (KUHAP)
Authors: Santriana Santriana  , Desi Anisah  , Satria Indra Kesuma
Published: August 2024

The purpose of this study is to examine how crime victims are treated by Indonesia's criminal justice system. This scientific study was written utilizing the normative legal research method, which employs a statutory approach (act approach). The study's findings demonstrate that Indonesia's criminal justice system, which is based on the Criminal Code (KUHAP), places an undue emphasis on offenders and minimal emphasis on victims. The absence of provisions in the Criminal Procedure Code that address the existence of victims of crime is one indication of this. As a result, the crime victim in this instance serves simply as a witness to establish the defendant's guilt in a court of law. In actuality, victims of crimes as much as criminals face the issue of justice and respect for human rights.
Perlindungan Hukum Terhadap Justice Collaborator Ditinjau Dari UU 31/2014 Dan Hukum Islam
Authors: Alifia Nur Basanti  , Tajul Arifin
Published: August 2024

A justice collaborator are suspect, defendants or convicts but work together with law enforcement officials to provide information in uncovering criminal acts that have occurred. The aim of the research is to analyze the legal protection of justice collaborators in terms of Law 31/2014. This study uses normative legal research methods with qualitative data. The results of the study show that (1) Legal protection for justice collaborators in terms of Law Number 31 of 2014 explained in article 5 that law enforcement officials have the obligation to provide protection and assistance to justice collaborator from legal entities so that they feel safe from threats which will come. (2) Legal protection for justice collaborators in terms of five basic principles or commonly called Maqashid Asy-Syariah which can be concluded that Islam highly upholds the protection of human rights, which in this case is legal protection for justice collaborators who have important services in helping officials Law enforcers uncover a crime.
Perlindungan hukum bagi pemegang saham minoritas dalam konteks perusahaan keluarga dengan dikaitkan prinsip-prinsip manajemen perusahaan keluarga di PT Citra Muamalat Mandiri.
Authors: Mu´amalah Rosita  , Hosin As Ari  , Sumriyah Sumriyah
Published: August 2024

Bisnis keluarga adalah jenis usaha unik yang menghadapi sejumlah tantangan dan peluang. Tiga isu utama yang sering muncul dalam bisnis keluarga adalah prinsip kepemimpinan, kepemilikan, dan manajemen. oleh karena itu anggota keluarga sebagai pemegang ssaham memiliki peranan oenting dalam pengambilan keputusan. Dalam konteks ini, pemegang saham minoritas dalam perusahaan keluarga sering kali menghadapi tantangan dalam memperoleh perlindungan hukum yang memadai. Keterbatasan perlindungan hukum ini dapat berdampak pada hak-hak pemegang saham minoritas dan integritas operasional perusahaan keluarga secara keseluruhan. Dalam jurnal ini membahas bagaimana perlindungan hukum bagi pemegang saham minoritas dalam perusahaan keluarga yaitu di PT Citra Muamalat Mandiri dikaitkan dengan prinsip-prinsip manajement perusahaan keluarga. Oleh karena itu Penelitian ini menggunakan metode normatif empiris dengan pendekatan deduktif.
Pengumpulan data berupa teori-teori berbagai sumber dan kemudian menghasilkan kesimpulan. Hasil penelitian menunjukan bahwa PT Citra Muamalat Mandiri dalam melindungi pemegang saham minoritas sudah sesuai dengan UU yang berlaku.
PERLINDUNGAN HUKUM PADA PEMEGANG SAHAM MINORITAS BAGI PERSEROAN TERBATAS YANG MELAKUKAN KONSOLIDASI
Authors: Ahmad Gharizi  , Nurma Amalia Sholihah  , Sumriyah Sumriyah
Published: August 2024

Konsolidasi atau yang dikenal peleburan merupakan salah satu upaya dan strategi perseroan terbatas untuk memajukan perusahaannya. Dalam Undang-Undang Nomor 40 Tahun Tahun 2007 tentang Perseroan Terbatas memberikan definisi konsolidasi sebagaimana terdapat dalam Pasal 1 angka 10 Konsolidasi adalah perbuatan hukum yang dilakukan oleh dua Perseroan atau lebih untuk meleburkan diri dengan cara mendirikan satu Perseroan baru yang karena hukum memperoleh aktiva dan pasiva dari Perseroan yang meleburkan diri dan status badan hukum Perseroan yang meleburkan diri berakhir karena hukum. Di dalam perusahaan perseroan terdapat 2 (dua) jenis pemegang saham yang sama-sama memiliki hak untuk ada dalam RUPS, yaitu pemegang saham mayoritas dan pemegang saham minoritas. Pemegang saham mayoritas atau majority stockholder adalah pemegang saham yang memiliki kepentingan untuk mengawasi suatu perusahaan karena kepemilikan saham yang lebih dari 50 % saham. Sedangkan pemegang saham minoritas definisinya tidak disebutkan dalam peraturan perundang-undangan tertentu. Proses konsolidasi terdapat  RUPS yang melibatkan semua pemegang saham. Pemegang saham minoritas menjadi perhatian karena kedudukannya masih lemah diantara pemegang saham mayoritas. Kedudukan yang lemah ini, pemegang saham sangat perlu dilindungi demi keadilan bagi setiap pemegang saham. Kedudukan pemegang saham dalam proses konsolidasi perseroan terbatas masih lemah dan wajib mendapatkan perlindungan jika mendapat perlakuan tidak adil dalam proses konsolidasi tersebut.
Peer To Peer Lending : Hubungan Hukum Para Pihak Dan Perlindungan Hukum Apabila Gagal Bayar
Authors: Hugo Fernando Felix  , Dewa Gede Pradnyana Yustiawan
Published: August 2024

The aim of this publication is to clarify the legal relationship between parties involved in peer-to-peer lending as well as legal protection in the event of default. This research uses a method known as normative legal research or library law research, where secondary data or library materials are used as source material. In addition, this page explains in general the P2P lending model, rules, P2P lending arrangements in Indonesia, and consumer legal protection. Based on this research, it is known that the parties involved in P2P lending have power relations, loan agreements, and cooperation agreements. Depending on the cause of default, the lender or P2P Lending provider may be liable for default risk. Although illegal P2P lending is not subject to OJK regulations, legal P2P lending businesses are regulated by the Financial Services Authority (OJK) and must comply with OJK regulations. Subjective terms are violated by loan agreements signed through illegal P2P Lending, allowing requests for cancellation in court.
Penerapan Sanksi Kepada Perusahaan Yang Tidak Melaksanakan Corporate Social Responsibility (CSR) Terhadap Pekerja
Authors: Luh Made Ramadia Sari  , Ida Bagus Erwin Ranawijaya
Published: August 2024

Basically Corporate Social Responsibility (CSR) is manifested in the social role of a company or Limited Liability Company (PT) towards the company's internal environment, namely the welfare of its workers' lives. The existence of a level of welfare for workers is one way or strategy that can increase the participation of workers, motivation and loyalty of the workers. This problem is included in the Law of the Republic of Indonesia Number 40 of 2007 concerning Limited Liability Companies and in addition to the Law Number 25 of 2007 concerning Investment (UUPM) Article 34, namely "companies that invest in are required to implement CSR" to create conditions that are harmonious, balanced and in accordance with the environment, norms, and culture, as well as the Law that regulates the Social Security System and which establishes the Employment Social Security Administering Agency as an institution that regulates all labor guarantees for all Indonesian people, namely BPJS employment.
The purpose of this writing is; 1). Providing a form of CSR responsibility to the company for the welfare of the workers; 2). Implement sanctions given to companies if they do not carry out CSR responsibilities to employees. This method uses writing in the form of normative legal methods or in legal research literature from the results of a study, there is one main thing that can be concluded. Namely, there are several rules that regulate corporate social responsibility, there is a law on State-Owned Enterprises (BUMN), an investment law and a social security law. a requirement for CSR that has the potential to cause multiple interpretations in practice, because not all laws that have regulated and contain rules that are subject to sanctions in it.
Model Penyelesaian Konflik Sosial Hutan Adat Pubabu Di Desa Linamnutu Kecamatan Amanuban Selatan Kabupaten Timor Tengah Selatan
Authors: Serfina Hoar Klau  , Robertus Robertus  , Johannis N. Kallau
Published: August 2024

This study aimed to describe the model of social conflict the resolution costumary forest Pubabu. The focus of this research study is history of forest position Pubabu costumary, root of the problem of social conflict the traditional forest Pubabu and model of conflict resolution the costumary forest social Pubabu. The method of this study is qualitative oriented. Some techniques of data collecting in this study are interview, field observation, field note and document study. Technicques of data collectin in this study is interactive by Miles and Huberman with itssteps of process: data collecting, reduction, verification, data presentation. The results obtained from this study as follows: 1). Costumary forest and costumary society, 2). Cooperation of between the community and the government so that happened the social conflict of the costumary forest Pubabu in the management of costumary forest by society and government with base perspective and aimed of different which one of start conflict the costumary forest of logging in the year 2003, 2006, 2008, 3). Minister of the environment of regulation the number 83 year 2016 about is social forestry that 5 offer concept are: village forest, community forest, plant forest society, costumary of forest and community partnership. But of the 5 it concept offers, aspirations of costumary society is costumary forest; The forest owned by indigenous people previously it was a state forest or not state forest. Costumary forest are owned by community and the forest by community and the forest management costumary  it managed by indigenous peoples. This concept becomes aspiration costumary society Pubabu, the beginning of the struggle until now.
Distorsi Keterwakilan Perempuan Melalui Pasal 8 ayat (2) PKPU Nomor 10 Tahun 2023
Authors: Ogie Nuggraha  , Durohim Amnan
Published: August 2024

Issuance of General Election Commission Regulation Number 10 of 2023 concerning the Nomination of Members of the DPR, Provincial DPRD and Regency/City DPRD, special wabil Article 8 paragraph (2) raises a new polemic because it is felt to deny the value of the struggle for democracy and the rule of law principle which has been painstakingly built so far sucks. The regulation is considered to reduce and distort the instrument of struggle for women's groups known as the affirmative action quota for women's representation of 30% in Parliament. The purpose of this study is to describe the problems that occur and discuss them in depth through methodological analysis. The research method that the author uses in this work is normative-juridical research with a library research approach which is coupled with gender theory and democratic principles and which is linked to the theme of this research discussion and uses qualitative methods. Research results Based on the description above, the authors conclude that Article 8 paragraph (2) PKPU 10/2023 is contrary to the principles of non-discrimination and the substantive equality and justice approach because it is not in line with the spirit of The Convention on the elimination of All Forms of Discrimination against Women (CEDAW ) which is further regulated in Law no. 7/1984 concerning the Convention on the Elimination of All Forms of Discrimination Against Women. Furthermore, the PKPU is not in line with the idea of ​​equality contained in the body of the 1945 Constitution of the Unitary State of the Republic of Indonesia such as Article 27 paragraph (1), Article 28D paragraph (3), Article 28H paragraph (2), and Article 28I paragraph (2). Article 8 paragraph (2) PKPU 10/2023 does not follow up on the essence of the legal norms of Article 245 Law Number 7 of 2017 concerning General Elections.
Pertanggungjawaban Online Shop Menggunakan Konten Endorsment Orang Lain Tanpa Izin Di Instagram Untuk Kepentingan Komersial
Authors: Alif Wildan Anugrah  , Adhitya Widya K
Published: August 2024

The purpose of this research is to determine the responsibility of online stores that use other people's endorsement content without permission on Instagram for commercial purposes and to find what legal remedies can be taken by influencers whose endorsement content is misused by other people without permission. Instagram for commercial purposes. This type of research is norrmative juridical, data analysis uses norm ative research methods through library research and secondary data review. The data collection method used is literature studyy with data sources of primary legal materials and secondary legal materials. The results of this research are that the use of endorsement content by other online shops outside the agreement has violated the moral rights and economic rights of endorsement content creators as regulated in Article 9 paragraph (1) letters a, b, c and/or g for commercial use as well as Article 9 paragraph (2) Law no. 28 of 2014. Based on Article 113 paragraph (3) of Law no. 28 of 2014, the legal remedy that can be taken is to try to comment on the post and ask other online stores to delete it. You can also settle the lawsuit in the competent court in the country that has jurisdiction to try the lawsuit, namely Indonesian law.
Hak Kepemilikan Tanah Bagi Warga Negara Indonesia Yang Menikah Dengan Orang Asing
Authors: Nadia Ardine  , Mey Lia Sari  , Aisyah Resta Melati  , Arifa Kurnia Suci  , Asti Giri Anjani
Published: August 2024

Land ownership rights are one of the fundamental human rights. However, land ownership rights for Indonesian citizens who marry foreigners are specifically regulated in Indonesian laws and regulations. These provisions aim to maintain state sovereignty and prevent land control by foreign parties. Based on Indonesian laws and regulations, Indonesian citizens who marry foreigners can only have rights to certain land, namely use rights, rental rights for buildings, ownership rights to apartment units, and ownership rights to residential or residential houses. Ownership rights to land can only be owned by Indonesian citizens. This research aims to examine the regulation of land ownership rights for Indonesian citizens who marry foreigners in Indonesian legislation. The law regarding mixed marriages is regulated in Article 57 of Law Number 1 of 1974 concerning Marriage. In essence, mixed marriages allow Indonesian citizens to choose the citizenship they will follow, whether the citizenship of the husband or wife, in line with the provisions of Article 26 of Law Number 12 of 2006 concerning Citizenship of the Republic of Indonesia. Indonesian citizens who undergo mixed marriages have the possibility to create a marriage agreement that allows the separation of property between spouses during the marriage period, while maintaining their citizenship status..
Perlindungan Hak Asasi Manusia
Authors: Fawaid Fawaid  , Mohammad Haris Taufiqur Rahman  , Dian Puspita Sari
Published: August 2024

Human rights are basic rights or citizenship that are inherent in individuals from the moment they are born by nature, which are given directly by God Almighty, whose existence cannot be taken away or revoked and must be respected, upheld and protected by the state, law, government and every person. for the sake of honor and protection of human dignity. Indonesia is a country based on law. So the Indonesian state is obliged to provide human rights protection to every citizen. Meanwhile, a legal state is a state based on legal sovereignty. The law is sovereign. The state is a legal subject, in the sense of rechtstaat. Because the state is seen as a legal subject, if it is guilty it can be prosecuted before a court for violating the law.
Kebijakan Hukum di Eropa Tentang Konsep Sekularisme Atau Laicite di Prancis
Authors: Hissah Kristina Marbun  , Rohma Safitri  , Rinnauli Saragih  , Amelia Situmorang  , Isnaniah Isnaniah  , Sri Hadiningrum
Published: August 2024

This article aims to examine the principle of French religion being secular, or laïcité. France adopted this principle in 1905. This principle separates religious and state affairs, including state interference in religious worship. This principle also aims to protect the freedom of French people to adhere to or not adhere to religion and prevent religion from entering state institutions, one of which is education. The method used in this research is library research, namely a method of collecting data by understanding and studying theories from various literature related to the research.
Analisis pelaksanaan perjanjian sewa menyewa kios antara pihak BUMDes dengan penyewa
Authors: Sumriya Sumriya  , Riesta Yoga Hastama  , Linda uril khofifah
Published: August 2024

the purpose of this study is to analyze the management of village property. Village property in the form of land and buildings that have been handed over for the economic progress of the village community which is invested in BUMDes on the basis of the season can be used optimally. So that it does not burden the village budget and expenditure. This study examines agreements by analyzing the application of legal principles of agreements in cooperation contracts for the management of village property leased to BUMDes and community management. The principles of treaty law which is a civil law concept applied in the concept of state administrative law become an interesting one because the agreement is in the regulation of private law and public law. Goverment contracts are routine goverment legal acts,to ensure legal certainty for the parties involved, legislation is needed that speciffcally regulates commercial contracts by the government both regarding procedures and limits of authorty.
Understanding The Ruling Of The Constitutional Court No: 90/PUU-XXI/2023 From A Civil Law And Common Law Perspective
Authors: Endro Satoto  , Zainal Arifin Hoesein
Published: August 2024

To ensure legal certainty in a country, various countries in the world have different legal systems which are acclimated to the needs and characteristics of each country. In general, two legal systems are commonly applied, namely the civil law legal system and the common law legal system. The civil law system is a legal system that originates from mainland Europe and is based on Roman law with the main characteristic being the existence of a codification system of the main legal principles. The three primary features of civil law legal systems are codification, non-precedential judges, and an inquisitorial judiciary. Meanwhile, the common law system is a system that refers to customs in England that are not written down and which through judge decisions are then made legally binding. The choice of the legal system will affect the preparation of legal products and the results decided. The choice of legal system significantly impacts legal products produced, whether regulations or jurisprudence. Indonesia's recent Constitutional Court verdict (90/PUU-XXI/2023) is raising concerns over its legitimacy and potential impact on the country's legal framework. Further analysis and scrutiny are necessary.
Peran Serta Perkembangan Hukum Perseroan di Indonesia dalam Maraknya ISU Penyimpangan Hukum Perseroan
Authors: Alfaatihah Intan Inayah  , Nevarezita Rahmanda Arsyilhakim
Published: August 2024

Some of the existing issues examined in this study include: how is the development of a Limited Liability Company(hereinafter referred to as “PT”) in Indonesia after the enactment of Law Number 40 of 2007 on Limited Liability Company? This study uses normative research. How to obtain the data used in this study the use of secondary data collection techniques. The technique of collecting secondary data obtained from the study of literature. The analysis used in this study is qualitative analysis, the data obtained will be described in the form of information and explanations, will now be studied by experts, legal theories that are relevant, and the arguments of the own author. The results showed that PT was first set out in Article 36 through Article 56 Indonesian Commercial Code(Hereinafter referred to as “KUHD”). In addition, PT is regulated in Article 1233 to Article 1356 and Article 1618 to Article 1652 of the Indonesian Civil Code(Hereinafter referred to as “Kuhperdata”). New Orde, Indonesian Government issued Law Number 1 of 1995 on PT which became the lex specialis under Indonesian legal framework over KUHPerdata and KUHD. In the Era of Reform, Indonesian Government issued Law Number 40 of 2007 regarding on Indonesian Limited Liability Company Law. New things are regulated in the Law as follows: Social Responsibility and Environment (TJSL) which is an application of the concept of Corporate Social Responsibility (CSR), changes in the company's capital, the affirmation of the board of company’s responsibillity and registration of the company's own use of Information technololgy (IT) therefore that the company registration can be performed online.
Praktek Berbangsa Dan Bernegara Berdasarkan Ketuhanan Di Indonesia Dalam Kaitanya Dengan Teori Pembentukan Negara Teokrasi
Authors: Riyanto Riyanto  , Avi Firzashafira  , Taufiqurrohman Syahuri
Published: August 2024

Pancasila as a national ideology implies a religious view of the nation, which upholds the values of God Almighty. This is as determined in the constitution of the Republic of Indonesia, which is stated in Article 29 A paragraph (1) of the 1945 Constitution as a result of the amendment of Chapter XI which states that "The state is based on the Almighty God" so that religious legitimacy is still needed in various aspects of the life of the nation and state, so that it cannot be separated from the Theory of Theocracy which states that the supreme power in a country is God's power which means, no one has supreme power in a country, apart from God. The purpose of this study is to examine and analyse carefully the practice of the nation and state based on divinity in Indonesia in relation to the theory of the formation of theocratic states. The legal research method used is normative juridical legal research method by conducting research on library materials and using statute approach. The result of the research is that the practice of religious life should strengthen and strengthen unity, integrity, and national resilience with Pancasila as the state philosophy and ideology of the nation as a determinant of national integration, a source of ethics for state administration, and continue to clarify and reinforce the role of religion as a state direction in the nation and state.
Implementasi Peran Bahasa Indonesia Dalam Menghadapi Era Globalisasi Ditinjau Dari UU Nomor 24 Tahun 2009
Authors: Satrio Wicaksono Adi
Published: August 2024

Bahasa plays a very important role for people and society, for example by creating a tool to maintain the exchange of ideas between, among, or within groups of people within a particular group. Groups are also considered personal identities. Communication is an activity that unites, connects and builds relationships between many people. This scientific work aims to formulate the problem of the role of Indonesian in facing the era of globalization. This research uses a literature review method, which means this method examines the results of analysis of various conceptual information as well as qualitative and quantitative data from various previously published scientific articles. Almost all agreements in Indonesia are dominated by long sentences, up to eighty to one hundred words in one sentence. This is ironic, because Indonesian shouldn't be like that, thus showing clichéd mistakes that keep repeating themselves and lead to uncertainty. In short, understanding Indonesian is no longer the responsibility of a linguist or writer, but also of legal practitioners as the spearhead of law enforcement in Indonesia.
Peran Civil Law Dalam Sistem Hukum Indonesia
Authors: Tri Bowo Hersandy Febrianto
Published: August 2024

The legal problems currently developing are of various forms and types, so legal codification must be adapted to these developments. Since the decade of Indonesia's independence, civil law has been used as the axis of the national legal system which aims to create legal certainty. Certainty and justice are not something new in the Indonesian legal system, this is the role of judges to create laws based on applicable laws and regulations. This research aims to explain the role of civil law as a national legal system applied by Indonesia to create law. The normative juridical approach method is an approach based on the main legal material by examining theories, concepts, legal principles and statutory regulations. The results of the research show that civil law still has an important role in the legal system in Indonesia, but legal codification needs to be adapted to increasingly advanced developments so that legal events that occur are still contained in statutory regulations.
Peraturan Hukum tentang Pemberian Hak Tanggungan Tanah
Authors: Surya Rianto  , Santy Fitnawati WN  , Dika Ratu Marfu’atun  , Nurhasan Nurhasan
Published: August 2024

The bill governs the administration of liability-rights. The rights of the liquefied are not divided unless promised in the document the rights are given. If a lien was applied to a certain land right, then it could be agreed upon in the corresponding document of the lien grant, that the payment of secured debts could be made in installments of the same amount as the price of liens. It is part of the title of the load that will be separated from the rights of the load, so the rights of the load in turn weigh only the remainder of the load to secure the rest of the debt. Land rights that can be encumbered with a mortgage are property rights, commercial property rights, and building rights. In addition to the land rights, the land rights of the state that, according to the prevailing regulations of legislation, must be registered and depending on the property that can be deducted, can also be the property rights.
Analisis Hukum Terhadap Sengketa Kepemilikan Tanah di Perdesaan Bersertifikat Ganda
Authors: Cepi Winarso  , Nathasya Nathasya  , Santy Fitnawati WN  , Robby Nurtresna
Published: August 2024

Land ownership was part of the civil rights, and the state gave legal evidence to probed peoples with land certificates. Inaccuracies in the making of the land papers/certificates could be due to deliberate or fraud (fraud) and/or coercion (dwang) in the making of the physical or legal data recorded on the land list. Hence, the certificate given may be invalid. The purpose of this research is to 1. Analyzing how the settling of the overlapping land-ownership disputes led to a dual certificate. 2.  BPN responsibility analysis and legal protection methods in the making of double certificates. The study is conducted using a methodological study of prescriptive law and a field investigation approach. The land dispute was a dispute between two or more persons to retain a legal property rights against each person or group to maintain an interest in the same land or item inside or above the ground.
Kriteria Itikad Tidak Baik Bank Dalam Pelaksanaan Lelang Atas Objek Hak Tanggungan
Authors: Nabilah Nurmasitha
Published: August 2024

From traditional trading practices to today's global financial system, credit agreements have played an important role in the formation of the world economy. Good faith can often be said to be a high norm in civil law, especially in contracts, because objective good faith refers to a normative concept related to moral standards in carrying out legal actions, especially in carrying out auctions. Bad faith is a contario of the definition of good faith, namely that good faith will be the background for someone to act against the law which results in harm to another party. Bad faith has not been clearly regulated in any statutory regulations, so determining whether someone is acting in bad faith is not easy considering that there are no provisions related to bad faith in statutory provisions, including BW. This research aims to analyze the basic determinants of bad faith in the implementation of mortgage rights execution auctions by banks based on credit agreements and the legal consequences for banks who act in bad faith in implementing mortgage rights auctions. The research method used in the research is normative legal research using a statutory approach, case approach and conceptual approach. This research uses legal materials sourced from primary legal materials and secondary legal materials which are then collected through literature study, analyzed using qualitative methods. The results of the research are that the basis for determining the existence of bad faith can be seen from actions that violate the law which are not based on the principle of caution or are not careful in carrying out their duties. Therefore, as a legal consequence of bad faith, you can file a lawsuit for cancellation of the auction which causes the auction to be canceled to the Local District Court.
Peran dan Manfaat Arbitrase sebagai Alternatif Penyelesaian Sengketa Ditinjau dari Perspektif Pelaku Usaha
Authors: Indradewi Astrid Athina , Sugianto Fajar
Published: August 2024

Every person experiences disagreements, conflicts, issues, and confrontations in their lifetime. Nobody wants to get into a disagreement with someone else. Each business actor, particularly in economic activities, should always be prepared for the possibility of disagreements that may arise at any point in the future. Here, the business actor will select the form of dispute resolution that best fits their requirements. This study employed a normative juridical research methodology that combines a doctrinal and statutory regulation approach. This study concludes that arbitration is a non-litigation dispute settlement mechanism. With its many benefits, arbitration plays a big part in settling business conflicts.
Pertanggungjawaban Pidana terhadap Tindakan Pembajakan Film di Aplikasi Tiktok
Authors: Emiliana Febriyanti Alda Jalut  , Orpa Ganefo Manuain  , Adrianus Djara Dima
Published: August 2024

This research is conducted with the aim of discussing and analyzing answers to problems such as the forms of actions that can be categorized as criminal acts of film piracy and the qualifications of criminal acts of film piracy on TikTok social media and how criminal liability for acts of film piracy in the TikTok application with regard to positive law in Indonesia. This research method is normative juridical method. Normative juridical method is a legal research method that focuses on library materials or secondary materials. With the approach used by researchers is a statutory approach and a conceptual approach. Based on the results of the research, benefits were obtained. The benefits obtained can be seen from the increase in likes and followers. Then the researcher also concluded that the act of piracy is categorized as a qualified offense with criminal aggravation which is included in the category of voorgezete handelings. In overcoming the existing problems, researchers argue that Tiktok also needs to be held accountable considering the losses caused are not small. However, researchers found that the legislation, especially Law Number 28 of 2014 concerning Copyright, does not separate sanctions for individuals and corporations. According to the author, there needs to be a separation of sanctions because the comparison of losses caused by actions taken by individuals and those taken by corporations is different.
Pengaruh Faktor Idiosinkratik Matteo Salvini Dalam Kebijakan Luar Negeri “Salvini Decree” Italia 2018
Authors: Galih Antonius Ola Lewoema  , Arisanto Puguh Toko
Published: August 2024

This research aims to analyze the influence of Matteo Salvini's idiosyncratic factors in the output of anti-migrant policies, so called Salvini Decree in Italy after the winning of the 2018 general election. According to Matteo Salvini, the migrant issue is a threat to Italy's national identity. The authors analyze by using the idiosyncratic concept of leaders in the foreign policy output adopted by a country.. The findings in this research indicate that there is an influence of Matteo Salvini's perception and personality which has an impact on the foreign policy adopted by Italy in 2018. Aggressive foreign policy and excluding international law from the 1951 Refugee Convention and the Common European Asylum System (CEAS) regarding migrant issues is an indication of the perception elite in breaking through political boundaries. His high level of nationalism and ability to control events and be actively involved in policy making allows Salvini to act dominantly and tends to delegate less power to maintain his power through the anti-refugee terms promoted by Salvini.
Tinjauan Viktimologis Tentang Peranan Korban dan Perlindungan Hukum bagi Korban dalam Terjadinya Kekerasan pada Masa Pacaran di Kota Kupang
Authors: Andreas F. Ratoe Oedjoe  , Aksi Sinurat  , Deddy R. CH. Manafe
Published: August 2024

Dating violence is an act of violence against a partner who is not yet married, including physical, psychological and sexual violence.  The facts behind the occurrence of cases of violence during the dating period occur due to various causal factors, one of the factors that can cause these acts of violence can be caused by the victims themselves. The impact of violence in courtship is of course that there are parties who suffer both physically and psychologically and are entitled to their rights in the fulfillment and protection of their lives, as well as from psychosocial aspects that greatly affect the psychology and life of individuals and are very influential and reciprocal in the lives of victims, with the fulfillment of victims' rights such as medical treatment, counseling, therapy and rehabilitation, victims can be restored to normal. This study aims to determine the role of victim factors in the occurrence of violence in the dating period, as well as the form of legal protection for victims of dating violence. This research uses empirical legal research methods sourced from data obtained directly in the form of statements and opinions from respondents, namely the perpetrator, the victim, the Office of Women's Empowerment and Child Protection, and the PPA Polresta Kupang Kota. The results showed that the occurrence of violence during the dating period was also caused by the role of the victim, namely the provocation of the victim and the dependence of the victim on the perpetrator, then the results also showed that there was a form of legal protection for victims in the form of providing legal assistance, providing health assistance, spiritual assistance and rehabilitation.
Perlindungan Hukum terhadap Hak Kesehatan Anak dari Bahaya Jajanan Sekolah di Kota Kupang
Authors: Viadora Asnawi  , Yohanes G. Tuba Helan  , Detji K. E. R. Nuban
Published: August 2024

The purpose of this research is to analyze the legal protection of children's health rights from the dangers of school snacks in Kupang City. This research is an empirical research, which uses data collection techniques through interviews, documentation studies to obtain primary and secondary data on Legal Protection of Children's Health Rights from the Dangers of School Snacks in Kupang City, with 11 respondents, data analyzed descriptively qualitative. The results showed that the legal protection of school children as consumers of PJAS (School Snack Food) in Kupang City, in conducting legal protection of school children has not been effective because BPOM conducts surveillance in schools in Kupang city only taking sampling from several schools in Kupang city. The efforts of POM Center in Kupang in supervising PJAS (school snacks) in Kupang City, in performing the supervisory function of safe PJAS in Kupang City are limited experts to conduct supervision in the field, the rise of online sales, the low level of public education and the lack of strict law enforcement. (3) Are the prevention efforts carried out by the POM Center in Kupang against PJAS (school snack food) traders in Kupang City, the Food and Drug Supervisory Agency has not been maximized in sanctioning school snack food traders who are proven to use hazardous ingredients in processed food.
Dispute Resolution Of "Supreme" Brand Rights
Authors: Kartiko Nafis Dwi , Soegiono Samuel Putra , Rohman Mohammad Syafi'ur , Tedjokusumo Dave David , Siswanto Carissa Amanda
Published: August 2024

In an era of globalization that has a significant impact on industry and commerce, trademark rights disputes are a crucial issue that needs serious attention. One trademark rights dispute that has attracted attention is the case of "Supreme," which is the focus of this study by detailing the Review Decision Number 37 PK/PDT. SUS-HKI/2023. This dispute involves companies with the trademark "Supreme," and its resolution has an important impact on trademark law in Indonesia. This research aims to dig deeper into the resolution of trademark rights disputes through these case studies. Analysis of court decisions, judges' considerations, and the legal basis used will provide a more comprehensive understanding of the trademark dispute resolution mechanism in Indonesia. Through this search, it is expected to find significant contributions to the development of trademark rights regulations and dispute resolution at the national level. This research uses normative juridical method with statutes approach, conceptual approach and case approach. The result of this research is that the trademark dispute resolution process in Indonesia follows predetermined legal steps, starting from filing a lawsuit in the District Court, continuing with the cassation process in the Supreme Court, and can reach the review stage in the Supreme Court if necessary. This approach reflects Indonesia's seriousness in handling brand disputes fairly and efficiently. The study also emphasizes the importance of good faith in the trademark registration process.
Dilematisasi Pemberian Remisi Bagi Narapidana? Formulasi Berdasarkan Studi Perbandingan Inggris, Irlandia, dan Kanada
Authors: Zainudin Hasan  , Julian Chandra Adi Pratama
Published: August 2024

As a country with an overcapacity prison composition of 265,897 people, Indonesia ranks seventh with the most prisoners in the world. In response to this, the government has made several efforts to reduce the density of prisoners, one of which is by providing remissions. However, granting remissions is actually seen as less effective and actually creates differences in the development process in Correctional Institutions (Lapas). Another problem is how to overcome the dilemma of granting remission to prisoners from the perspective of the national legal system. The research method used in this research is a juridical-normative research method with descriptive analytical research specifications which analytically describe the applicable laws and regulations both at home and abroad and legal theories linked to research problems. Analysis of legal materials uses qualitative juridical analysis. The results of this research indicate that the background to the policy of granting remissions to prisoners needs to be tightened so that it can fulfill a sense of justice for society. Apart from that, regarding the policy of granting remissions to prisoners, it is necessary to consider the legal framework of similar policies implemented in England, Ireland or Canada because the tightening of remissions in these countries has resulted in not all prisoners getting remissions or parole.
Dinamika Peran Alat Bukti Elektronik Sebagai Alat Bukti Pada Sistem Pembuktian Tindak Pidana Di Indonesia
Authors: Aida Jihannisa Haidar  , Zakia Sofi Salsa Bela Laili
Published: August 2024

The recognition of electronic evidence as evidence that can be submitted to court and recognized as valid evidence has been carried out since 1977 through the Company Documents Law which stipulates that microfilm containing recorded documents of a company can be submitted as evidence in court if it arises in the future. lawsuit. According to the Company Documents Law, electronic document evidence is part of documentary evidence, whereas the Corruption Law clearly explains that electronic information and electronic documents are an extension of documentary evidence. Because electronic mail in the form of electronic information or electronic documents has been recognized as one of the valid pieces of evidence in special crimes outside the Criminal Code, in line with the legal evidence in Article 184 of the Criminal Procedure Code which is a new type of evidence, it is hoped that investigators, public prosecutors, advisors The law and judges have an understanding of this electronic evidence. In examining criminal cases, it is hoped that the judge will impose a sentence based on two valid pieces of evidence and the judge will be convinced that the defendant is guilty of committing a criminal act, then the judge must impose the maximum sentence according to the prosecutor's demands, so that the defendant will be deterred and the public's sense of justice will be fulfilled.
Analisis Tanggungjawab Hukum Administrasi Negara dalam Penanganan Korupsi di Sektor Publik
Authors: Novita Mayasari Angelia  , Lingga Abi Rahman  , Maulida Maulida
Published: August 2024

Corruption is often carried out by individuals who hold power, so that the characteristics of corruption crimes are always related to abuse of authority in the context of organized crime. This article aims to analyze the role of State Administrative Law in handling corruption in the public sector. Using the literature study method, this article collects data from various sources such as books, news and journal articles. The discussion includes the importance of administrative law in limiting and controlling excessive power possessed by state officials, as well as the role of bureaucracy in preventing corruption. In addition, this article outlines the types of legal accountability that apply to government officials involved in corruption, as well as the importance of internal and external monitoring in reducing acts of corruption. The principles of good governance and the need to reform the government system were also raised as important steps in eradicating corruption.
Urgensi Perlindungan Hak Cipta Atas Lagu Yang Diunggah Tanpa Izin di Media Sosial
Authors: Ahmad Aqil Dzakki Bintang Kurniawan  , Aaron Yaman Ardiantra  , Fadhillah Amirul Ikhsan
Published: August 2024

Copyright is the legal right that inherently belongs to the creator of a work once it is expressed in a tangible form, and it cannot be limited unless specified by the law. Music and songs are forms of intellectual property that should be registered with the Directorate General of Intellectual Property (DJKI). Song copyright is a legal privilege that musicians can get by creating a piece of art in the form of music and songs. Songs are a form of intellectual property that is safeguarded under Law Number 28 of 2014. With the advancement of highly advanced technology, it becomes more convenient for individuals to enjoy songs or music through an application. Nevertheless, several cover versions continue to be posted without obtaining consent from the original creator. This text seeks to determine if a creator, whose song has been uploaded by a third party, is entitled to legal protection. Additionally, it intends to explore the legal ramifications for individuals who upload a song without the author's consent. The author employs normative research methodologies in this study, analyzing legal resources such as statutory rules, legal theory provisions, and expert opinions. According to Article 5 and Article 9 of Law Number 28 of 2014 about Copyright, creators are granted legal protection for music that are uploaded by third parties, regardless of the medium used to announce the song. This protection applies universally, regardless of location.