bluuebunny/crossref_metadata_2025 huggingface dataset:
Tinjauan Yuridis Tanggung Jawab Hukum dalam Perjanjian Kredit Perbankan Apabila Debitur Wanprestasi
Authors: Nuralisha Marsheila Audrey , Mahmudah Siti
Published: July 2023

Humans are social beings who need each other to achieve what will be achieved. The goal is to communicate thoughts and feelings that arise from his common sense. With the relationship between humans with one another, this can also happen between humans and banks. Which human or someone will lend funds or credit to banks. But in reality, someone who has done credit financing does not follow the agreement and causes default. Thus, the occurrence of this default resulted in a person having to take legal responsibility to resolve the problem. Therefore, This research focuses on the legal principles in default regulations in banking and legal responsibility in resolving default debtor problems. This paper aims to explain the juridical review and legal responsibility in bank credit agreements if the debtor defaults. The research method uses a normative juridical approach that has descriptive characteristics. The result of this study is a juridical review based on the Banking Law and legal responsibility is carried out by mediation first so that the debtor and creditor can choose a middle way. If the debtor cannot resolve the case, then the final solution is to file a lawsuit with the court based on an agreement between the two parties.
Tinjauan Hukum Islam terhadap Ketentuan Penegakan Hukum Pemberantasan Korupsi di Indonesia
Authors: Iswandi Iswandi , Bukhari Bukhari
Published: July 2023

This study seeks to find solutions to the rampant corruption practices in Indonesia today. The purpose of this study is to further reason about the legal norms contained in the legislation related to law enforcement corruption eradication in Indonesia by using the approach of Islamic law theory. The research method used in this study is a normative juridical approach that is done by examining the theories, concepts, principles of law, legislation by putting the law as a building system of legal norms. the results of the study conducted that the legal norms contained in the legislation on the eradication of corruption contains only two elements, namely AR-Rashi and al-murtashi, on the contrary in Islamic law there are three elements of ar-Rashi, al-murtashi and ar-Ra'isy. If the element of ar-raisy (intermediary) is not absorbed into the sub-system of Corruption Eradication law, it will become very weak. the concept of punishment in the Corruption Eradication legislation is limited to imprisonment and fines, while in Islamic law it is divided into three categories, namely; First, the ta'zīr law which is about the body consisting of the death penalty and volumes; second, the ta'zīr punishment which is about the independence or freedom of a person in the form of imprisonment; and Third, ta'zīr law regarding property, such as punitive damages or fines and confiscation so that Islamic law looks more comprehensive and systematic.
Gerakan Bahagia Bersama Tetangga (GBBT): Analisis Implementasi Distribusi Dana ZIS di Desa Pacar Peluk Kecamatan Megaluh Kabupaten Jombang
Authors: Hikmah Salma Utiya , Choiri Muttaqin
Published: July 2023

Pacarpeluk is a village located in Megaluh District, Jombang Regency. The researcher is interested in analyzing the management of the ZIS distribution for one of the philanthropic activities that is also carried out by the girlfriends, namely the Happy Together with Neighbors Movement (GBBT). GBBT is a movement carried out in order to optimize the use of ZIS funds through active distribution from the community at the village level which in practice provides assistance during the month of Ramadan every year. This research is a descriptive qualitative research in which there are primary data obtained by means of interviews and direct observation and secondary data obtained from various literacy related to ZIS distribution management. The results of this study are that GBBT implements 4 management functions so that the distribution is well managed. The distribution of ZIS from the community to relatives in the same village has an impact that can be felt directly by the community from this movement, which has generated high interest from the community to continue giving donations and shadaqah through GBBT managers, considering that GBBT's income has increased 3 times in just 1 year.
Implementasi Undang-Undang Nomor 2 Tahun 2004 Tentang Penyelesaian Perselisihan Hubungan Industrial dalam Hal Penyelesaian Pemenuhan Hak Pekerja Wanita
Authors: Maudina Friska , Nurdin Maharani
Published: July 2023

The purpose of writing this journal is to find out what women's rights are, and what companies should provide to fulfill the rights of women workers, and besides that to find out how the role of Law Number 2 of 2004 concerning industrial dispute resolution in resolving disputes over women's rights carried out by companies through the mechanism contained in Law Number 2 of 2004, specifically by way of Bipatrit settlement. The writing method used is the normative juridical method (statute approach) because in this writing it examines several statutory regulations, especially the law regarding the settlement of industrial relations disputes. then the approach taken is a statutory approach. Based on the results of the presentation of the material that has been written, it can be seen that the fulfillment of the rights of women workers has not been fully fulfilled, there are still many companies that do something about fulfilling the rights of women workers, it is not uncommon for women to even take leave on the first day and secondly when menstruation is subject to wage deductions, this is contrary to the Labor Law, in the case of not fulfilling the rights of female workers, female workers can sue the company to ask for their rights to be fulfilled, an easy settlement is done first before going further can be done by bipatrit, in this way women workers can claim to get their rights as explained in the Manpower Act.
Pembebanan Hak Tanggungan pada Hak Guna Bangunan diatas Hak Milik
Authors: Nastiti Althea Salza , Darmawan Madeleine Evania , Irawan Deny , Arifah Nurmalita Fajar
Published: July 2023

Debt guarantees attached to building use rights above property rights are prone to problems, especially if there is default or there has been no repayment but the building use rights have expired. Based on that, this study aims to analyze the imposition of Mortgage Rights on land with building use rights on property rights and explain the legal protection for creditors as the holder of Mortgage Rights. The type of research that will be used is normative research. In this study will use a statutory approach or statute approach. The data collection technique used was literature study with prescriptive analysis techniques. The results of this study indicate that building use rights over property rights can be charged with mortgage rights. The creditor as the party holding the Mortgage must apply the precautionary principle in the event of default by the debtor. As for the legal protection that can be applied to the imposition of Mortgage Rights on building use rights over property rights through the Deed of Granting Mortgage Rights. This is to accommodate if the process of carrying out the Mortgage auction takes a long time, so that it will affect the term of the right to use the building over the right of ownership. Creditors are also given the authority to renew building use rights over property rights as one of the efforts to prevent the erasure of building use rights over said property rights.
RETRACTION: Implementasi Prinsip At-Tadarruj terhadap Modal Bank Konversi dari Bank Konvensional menjadi Bank Syariah (Studi Bank NTB Syariah)
Authors: Khiyaroh Latifatul
Published: July 2023

Artikel ini ditarik karena terindikasi tindak plagiasi
Implementasi Asas Keterbukaan dalam Pelaksanaan Program PTSL di Kabupaten Jepara
Authors: Hikmawan Moh Wildan , Adhim Nur
Published: July 2023

Land registration is a process that should be carried out by every community who exercises control over their land, the government seeks various ways to create people who are aware of the importance of registering land under their control with the aim of obtaining legal certainty and legal protection, therefore the government carries out a land registration program complete systematic in Jepara district. This paper aims to explain the implementation of a complete systematic land registration program in Jepara Regency and the implementation of the principle of transparency in the implementation of the PTSL program in Jepara Regency. The research method uses a normative juridical approach that has descriptive characteristics. The results of this study are that the implementation of the PTSL program in Jepara Regency is carried out by the National Land Agency with participation in each village so that the PTSL program is carried out in that village, and also explains the steps in implementing the PTSL program, and solving problems in land disputes and errors in the publication land certificates registered by the community, and the creation of the principle of openness in the PTSL program in Jepara Regency.
Perspektif Hukum Dalam Penanganan Pandemi Covid-19: Studi Komparatif di ASEAN-5
Authors: Widiantoro Andri , Astutik Sri
Published: July 2023

Literature regarding legal perspectives in handling Covid-19, especially with comparative studies between countries, is still small, so this study aims to analyze legal perspectives in handling the Covid-19 pandemic by applying comparative studies in ASEAN-5, namely Indonesia, Malaysia , Singapore, Thailand and the Philippines. This study uses normative legal research methods and comparative descriptions. The results of the study show that all countries focus on the health, social and economic recovery sectors.
Kajian Hukum Terhadap Bahaya Pengumpulan Informasi Rekayasa Sosial Melalui Fitur Add Yours Instagram
Authors: Novitasari Nanda Silvia , Tantimin Tantimin
Published: July 2023

The development of information technology has changed human behavior and increased performance and productivity because it allows various activities to be carried out quickly, precisely, and accurately. As technology develops, the use of social media is also growing. The Addyourss feature on Instagram Stories is based on user-generated content and should positively impact broader engagement on Instagram; however, in Indonesia, this feature is abused by irresponsible parties, causing problems. Fraud and misuse of personal identity. This study is designed to analyze legal research on the dangers of collecting information on psychological manipulation by adding your Instagram capabilities and to analyze the extent to which the government provides legal protection for personal data against data misuse, personal data on social media platforms based on the ITE Law and what legal actions what victims can do about misuse of personal data on social media platforms. This qualitative research uses the natural environment to explain what happened and was carried out by involving existing methods. The findings of this study indicate that legal protection of personal data against misuse of personal data on social media platforms still needs to be improved and comprehensive. Establishing a clear and comprehensive law is urgently needed to identify clear steps in using personal data to provide legal certainty for protecting public personal data. According to the law, legal action for victims of misuse of personal data on social media platforms is still limited to filing lawsuits and demanding administrative penalties.
Kajian Hukum Penerapan Ketentuan Hukuman Mati dalam Undang-Undang Tindak Pidana Korupsi
Authors: Ginting Grenaldo
Published: July 2023

Corruption is categorized as an extraordinary crime where the impact can be very detrimental to the country and can even have a very bad impact on the economy and development of the country. Efforts to deal with and eradicate criminal acts of corruption as meant in Law Number 31 of 1999 which has been amended by Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, put forward several important points and main ideas and are considered capable of providing a deterrent effect against the perpetrators of this extraordinary crime, namely the principle of reversed proof and severe legal sanctions, including the death penalty. This research is a normative legal research. The main characteristics of normative legal science research in conducting legal studies are primary and secondary legal materials, using interpretation methods, and using normative juridical analysis. The result of this research is that the regulation on capital punishment in the PTPK Law is stated in Article 2 paragraph (2) which formulates "in the event that a criminal act of corruption as referred to in paragraph (1) is committed in certain circumstances the death penalty can be imposed". The specific situation in question is a situation that can be used as a reason for criminal aggravation for perpetrators of corruption, namely if the crime is committed against funds earmarked for overcoming a dangerous situation. Article 1 paragraph (3) of the 1945 Constitution formulates that: "Indonesia is a state based on law". The consequence of a rule of law is the protection of human rights, including the right to life. Thus, the imposition of death penalty for corruptors who have been hampered by human rights issues, especially the right to life can be upheld.
Analisis Hukum Terhadap Klausula Eksonerasi pada Nota Laundry di Kecamatan Padang Hilir, Kota Tebing Tinggi Perspektif Wahbah Az-Zuhaili
Authors: Siregar Wilma Putri Handayani , Permata Cahaya
Published: July 2023

Business actors in Padang Hilir Subdistrict, Tebing Tinggi City make exoneration clauses to release responsibility for damage and loss experienced by consumers. The consumer protection law stipulates that business actors may not include exoneration clauses in offering goods and/or services intended for trade. The purpose of this study is to find out what the factors causing the use of exoneration clauses in laundry notes, how the regulation of exoneration clauses according to legislation, and how the responsibility for using exoneration clauses by business actors in Padang Hilir District, Tebing Tinggi City from the perspective of Wahbah Az-Zuhaili. This type of research is empirical juridical with a living case studies approach, statute approach, and conceptual approach. The results showed that the liability of business actors using an exoneration clause on laundry notes is inappropriate, while according to Wahbah Az-Zuhaili business actors must be responsible for damage and loss experienced by consumers. In conclusion, the exoneration clause based on Wahbah Az-Zuhaili's opinion cannot be used to release responsibility. If anyone makes such a clause, it is null and void
Perlindungan Hukum bagi Para Pihak dalam Perjanjian Jual Beli Tanah Letter C dibawah Tangan
Authors: Aprilio Zulfikar Madyasta , Silviana Anna
Published: July 2023

The agreement made in the private sale and purchase of Letter C land constitutes a legal relationship between the two parties. Legal relationship is a relationship that gives rise to legal consequences guaranteed by laws and regulations. Every legal action that gives rise to legal consequences must receive legal protection, especially if there is a dispute between the parties. Disputes can occur after a private agreement on the sale of Land Letter C is agreed. This study aims to analyze and understand the law given to the parties involved in private agreements on Letter C land sellers, where protection can usually be obtained from clauses in the agreement and outside the agreement in statutory regulations. Legal protection is an important aspect to guarantee the fulfillment of one's legal rights. Legal protection is needed to provide solutions, certainty and clarity to existing settlements and potential post-agreement disputes. The research method used is the normative juridical research method. The approach used is the statutory approach. The primary legal material collection is by collecting regulations and examining all laws and regulations related to the research problem. From the results of this study, it is illustrated that protection for the seller is asking the buyer to immediately pay the price of the object of the agreement within a certain period of time. Based on Articles 1513 and 1514 of the Civil Code, the protection that can be exercised by the buyer in executing a sale and purchase agreement is to examine the existence of proof of ownership of the land rights that are the object of the agreement. The buyer is based on Article 1491 of the Civil Code.
Tinjauan Yuridis terhadap Bidan yang Memperdagangkan Obat Substandar dalam Perspektif Hukum Pidana dan Hukum Pidana Islam (Studi Putusan Nomor 1406/Pid.Sus/2020/PN Mdn)
Authors: Hasyim Nafa Fadhilah , Panjaitan Budi Sastra , Ramadani Ramadani
Published: July 2023

Substandard medicines trade is a very dangerous crime because it can harm society. This is the background for conducting research on Decision Number 1406/Pid.Sus/2020/Pn Mdn. The purpose of this research is to find out the review of criminal law against midwives who trade substandard medicines, to find out the review of Islamic criminal law against midwives who trade substandard medicines and to find out the judge's considerations of midwives who trade substandard medicines in decision Number 1406/Pid.Sus /2020/PN Mdn. This research is a type of normative juridical research using library research. The research approach used in this study is the case approach. The legal materials used in this study are primary legal materials in the form of court decisions and legislation, secondary legal materials in the form of law books and journals, and tertiary legal materials in the form of searches on the internet and the Big Indonesian Dictionary. In criminal law, it is prohibited to trade substandard medicines because they are considered to be detrimental and disturbing the community and will be subject to appropriate sanctions. Meanwhile in the view of Islamic criminal law, trading substandard medicines is considered a criminal act of fraud which is a Jarimah Ta'zir, namely that the criminal conviction is handed over to the judge in court. In determining sanctions against midwives who trade substandard medicines, it is more suitable to use Law Number 36 of 2009 concerning Health rather than the Criminal Code (KUHP) and Law Number 8 of 1999 concerning Consumer Protection.
A Analisis Perlindungan Konsumen dalam Tindakan Penyalahgunaan Data Pribadi oleh Penyelenggara Pinjaman Online Berdasarkan Perspektif Hukum Indonesia
Authors: Novri Novrianti , Amboro Florianus Yudhi Priyo , Hutauruk Rufinus Hotmaulana
Published: July 2023

The emergence of regulations regarding personal data in 2022 is eagerly awaited and anticipated by consumers who feel aggrieved by online service managers, especially in the field of online-based loan financial services. The rules that specifically regulate the protection of personal data are Law no. 27 of 2022 concerning Personal Data Protection, prior to the existence of special regulations regarding personal data, the ITE Law and other similar legal regulations were used as a reference for consumer protection. Law Number 27 of 2022 concerning Personal Data Protection was formed so that it does not overlap with other regulations that guarantee the protection of personal data in the community. In addition to these regulations, there are still several regulations governing this matter, namely Law Number 11 of 2016 on amendments to Law Number 11 of 2008 concerning ITE, provisions of the Financial Services Authority (OJK) Number 1/POJK.07/2013 concerning Consumer Protection and OJK Provisions Number 77/POJK.01/2016 concerning Online-Based Loan Services. The research method used to write this article is a normative research method which is defined as research that has basic material from data in similar journals, articles, theses, theses, and so on. Consumers who are harmed can act legally with two choices, namely arbitration and litigation channels, if arbitration has been carried out then there is no agreement between the two parties for peace then they can pursue litigation channels by reporting this matter to the local police or can file lawsuits against the law to local District Court.
Peran dan Kedudukan KUA dalam Pengajuan Pembatalan Perkawinan Akibat Pemalsuan Identitas (Putusan 2856/Pdt.G/2022/PA. Mdn)
Authors: Suryaningsih Fitri Sri , Hayati Amal
Published: July 2023

This study aims to examine the role and position of the KUA when submitting an annulment of a marriage due to falsification of identity in the decision 2856/Pdt.G/2022/PA. Mdn. Where usually those who file lawsuits for annulment of marriages are husbands, wives or relatives who get married because there are parties who feel cheated. What is unique is the decision number 2856/Pdt.G/2022/PA. Mdn. is that the plaintiff filing a lawsuit for annulment of the marriage is the KUA itself. This research is a normative juridical research, with a statutory and conceptual approach. The results of the study described that the KUA was less thorough in examining the identity documents of the prospective bride and groom. And the KUA also filed a lawsuit for annulment of the marriage to the Religious Court, even though juridically it is very permissible. So that the role and functions of the KUA are really needed which can actually be carried out according to the applicable procedures, namely to help carry out some of the district ministry of religion offices in the field of Islam in the sub-district area. This study concluded that the head of the KUA made a mistake and filed a lawsuit for annulment of his marriage to the Medan Religious Court. Juridically, this is perfectly permissible. however, this is a very unique and rare occurrence. And the steps of the KUA in submitting the application are correct, here the KUA as a marriage registrar, issues a marriage book, supervises marriages in accordance with Article 1 PERMA No. 19 of 2018 concerning registration of marriages.
Tinjauan Yuridis Pelaksanaan Eksekusi Lelang pada Perjanjian Kredit Macet dengan Hak Tanggungan
Authors: Jannah Masitoh Miftahul , Badriyah Siti Malikhatun
Published: July 2023

Mortgage rights are born because of the underlying agreement, namely a credit agreement. The existence of a credit agreement results in the debtor being obliged to carry out his performance in the form of debt repayment to the creditor. If the debtor defaults, a legal action is taken in the form of execution, which is generally carried out by auction on Mortgage Rights. This type of research is normative which is descriptive.  The data sources used are primary data and secondary data. With literature study data collection techniques. And using qualitative data analysis methods. With the existence of executorial power in the credit agreement, the creditor as the holder of the Mortgage Rights can take action to execute the auction of the land rights charged with the Mortgage Rights. Auction with Mortgage Rights is a class of execution auction, because it is based on a credit agreement. The implementation of the execution auction of Mortgage Rights must be carried out in accordance with the procedures of existing laws and regulations, so that there is a legal certainty, both for debtors, creditors, and auction winners.
Tinjauan Yuridis Kasus Persamaan Merek Poskota dan Poskotaco (Studi Kasus Putusan No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst)
Authors: Rahma Arina Nafida , Mahmudah Siti
Published: July 2023

Brand infringement case between POSKOTA owned by PT. Media Anatarkota Jaya and POSKOTACO owned by PT. Millennial Voice Media is listed in Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst, PT. Media Anatarkota Jaya (POSKOTA) as the aggrieved party sued for the cancellation of the PT. Media Suara Millenial (POSKOTACO). The object of the case in the decision is trademark infringement which is the same. The panel of judges granted the plaintiff's claim and ordered the defendant to cross out and cancel the registration of the POSKOTACO Mark. The purpose of this research is to find out the legal protection for trademarks that have been registered and the legal consequences of trademark equality disputes and to analyze the Decision of Court Decision No. 39 /Pdt.Sus-Merek/2022/PN Niaga Jkt.Pst. The approach method in this journal research is normative juridical by studying the Trademark Law and relating it to practice in the field. The results of this journal writing research are that brand owners who feel aggrieved due to parties who commit equality violations can apply for trademark cancellation based on the reasons in Articles 20 and 21 of Law Number 20 of 2016 Concerning Marks and Geographical Indications. The legal basis for the judge's consideration in deciding the trademark cancellation case is based on Article 76 jo. Article 20, Article 21 of Law Number 20 of 2016 concerning Marks and other relevant regulations.
Legal Protection for Small Businesses in the Free Market Era in Indonesia Review of Law Number 20 of 2008 concerning Micro Small and Medium Enterprises
Authors: Widiarty Wiwik Sri
Published: July 2023

Implementing the free market in the ASEAN region is one way to grow an advanced economy. Entrepreneurs must be able to compete in this free market era, including small businesses in Indonesia. Small businesses in Indonesia have an essential role in social welfare and economic development in Indonesia. Therefore, the presence of small businesses must be protected because small businesses are absorption of labor. For this reason, a problem must be answered: how to provide legal protection for small businesses in Indonesia's free market era. Meanwhile, the research method used in this study is a normative legal research method, namely library law research conducted by examining library materials or mere secondary data. This research resulted in a conclusion that legal protection is essential to be provided by the government for MSMEs in Indonesia so that there is legal certainty in guaranteeing the activities of small business actors; several Laws and Invitations have been issued which regulate them among others, the MSME Law, and Law No. 7 of 1994 concerning the Agreement Establishing the World Trade Organization.
Implementasi Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen Terhadap Bisnis Biro Travel
Authors: Panggabean Herman Daud , Badriyah Siti Malikhatun
Published: July 2023

Transportation business activities are often used by many people, and more and more times there are conflicts between sellers and buyers regarding cooperation in travel agency transactions related to promotions that are carried out online but are not in accordance with reality. To find out the implementation of Law No. 8 of 1999 concerning Consumer Protection (UUPK) related to business. And to find out the factors that influence the effectiveness of UUPK. The research method, namely normative juridical. The research approach is quantitative, data analysis techniques are data reduction, data presentation, and conclusions. The results of the research, that UUPK and UU no. 11 of 2008 concerning electronic information and transactions (UUITE) so that consumers can freely give their opinions. come to the LPKSM office for consultation. If the consumer gives power of attorney to LPKSM, LPKSM then makes a power of attorney which is signed and approved by the LPKSM consumer, an action that is carried out first with family efforts. Factors that influence the effectiveness of UUPK namely; The government is less responsive to community developments in electronic transactions, there are no regulations that technically provide protection to consumers against online transactions, business actors and consumers do not understand their rights and obligations. The conclusion from this study, LPKSM as an extension of the government has been active but there are no policies that technically regulate and protect consumers in electronic transactions, the factors that influence the effectiveness of the UUPK are the government which is less responsive, ignorance of consumers and business actors regarding their rights and obligations.
Penyimpangan Pelaksanaan Undang-Undang Nomor 40 Tahun 2007 dalam Pendirian Perseroan Terbatas
Authors: Putri Astuti Yudhika , Santoso Budi
Published: July 2023

The establishment of a limited liability company has its own conditions which have been regulated in law number 40 of 2007 regarding Limited Liability Companies, however, when someone is about to set up a company limited, there are some who deviate from the law that has been determined wrong one of which is the requirement for the establishment of a PT to be carried out by (2) two or more people, however, this is not regulated in the PT Law clearly regarding the requirements to become a shareholder so that in practice it often occurs irregularities where the use of shareholders nominee. Agreement nominee as a shareholder in PT is an agreement and or a statement confirming that share ownership in the limited liability company for and on behalf of another person. The Company Law does not regulate provisions the use of nominee shareholders so that it can trigger legal problems if shareholders nominee it is not in good faith
Rekonstruksi Konsep Tamkin Sempurna dalam Pasal 80 Ayat (5) KHI Perspektif Maqasid Abdullah bin Bayyah
Authors: Fashihuddin Muhammad , Sj Fadil , Izzuddin Ahmad
Published: July 2023

The Compilation of Islamic Law is the material basis for the Panel of Judges in deciding cases in the Religious Courts. However, the substantive content of KHI still needs to be reviewed. One of them is the problem of perfect tamkin as the cause of the husband's obligation to support his wife in Article 80 paragraph (5) KHI. The meaning contained in this phrase is classified as abstract, thus giving birth to various interpretations of judges, even though in essence the cases handled tend to be the same. Therefore, this study aims to determine substantive weaknesses and reconstruct the meaning of perfect tamkin and review it from Abdullah bin Bayyah's maqasid perspective. The method used is normative qualitative method using KHI as the primary legal material. Methods of data collection using the method of documentation. This research resulted in: (1) in article 80 paragraph (5) KHI found substantive weaknesses that must be addressed, namely: a) incomplete adoption of fiqh opinions; b) the substance of the article which leads to the applicability of meaning in general; and c) the judges' interpretations vary which causes confusion in the meaning of nature. (2) in reconstructing the article, elaboration is needed between the interpretation of the fuqaha and the judge. In order to find a formula regarding the definition of perfect tamkin, its indicators, and the conditions for a wife to earn a living. In the maqasid review, it was found that the method used to determine tamkin is sukut al-syari' and it belongs to al-wasilah ila al-maqsad al-tabi'i
Pertanggungjawaban Pidana Terhadap Pelaku Penyakit Bipolar dalam Penyebarluasan Tindak Pidana Pornografi
Authors: Fachrozy Dicky , Panjaitan Budi Sastra
Published: July 2023

The aims to analyze the criminal responbility of sufferers of bipolar disorder, in this case the perpetrators distribute pornographic videos of victim, in law the 2008 Pornography Law regulates this, therefore the victim wants to sue the perpetrator to court. And in Law No. 18 of 2014 concerning mental health Article 71 paragraph 1 reads “For the sake of law enforcement, a person suspected ODGJ who committed a crime must get a Mental Health examination. “For this reason, the purpose and scope of the research focused on this article. This study usednormative and qualitative methods with the nature of prescriptive research. The results i found were from the evidence as the statemenr the perpetrator can prove he has bipolar disorder, therefore in the Criminal Code Article 44 paragraph 1 states that no one can be punished for carrying out an act for which he cannot be held accountable, because his mind is imperfect or he has a change of mid. Bipolar discorder is adjusted to the conditions that accompany the sufferer in certain legal cases. However, in this case it cannot be equated that every criminal act commited by a person wuth bipolar disorder cannot be partially responsible.
Perlindungan terhadap Lembaga Consumer Finance atas Wanprestasi yang Dilakukan oleh Konsumen
Authors: Purwanti Cindy Mutiara , Zulham Zulham
Published: July 2023

This research discusses how the law protects business actors from consumers who do not have good faith in carrying out their obligations in paying installments. So, this study aims to analyze, prove, and find value on the principle of default committed by consumers in cases between PT. SINARMAS MULTIFINANCE MEDAN BRANCH with its debtors in decision No. 688/Pdt.Sus-Bpsk/2018/PN Medan. Based on the objectives to be achieved, this study uses a normative juridical method using references from various books, journals, legislation, and other supporting literacy. The results of this study reveal that the agreement given by the consumer finance party regarding the rights and obligations imposed on the debtor is to pay instalments, if this obligation is not fulfilled then a subpoena can be given. If it is not fulfilled, then the goods that are used as objects can be withdrawn, as a result the debtor can lose the right to the goods, and the consumer finance party can terminate the agreement unilaterally. Finally, this study concludes that there has been an act of default by the debtor to the creditor. Furthermore, he found that the form of protection for consumer finance for motorized vehicles for consumer default, namely the agreement of substitution power for unit acquisition and the sale of fiduciary guarantees.
Ganti Rugi Penyewa Atas Pemanfaatan Fasilitas Kamar Hotel Menurut Fatwa DSN-MUI NO: 112/DSN-MUI/IX/2017 (Studi Kasus Hotel Syariah Kec. Rantau Utara Kab. Labuhan Batu)
Authors: Hasibuan Eliza Hanum , Zahara Fatimah
Published: July 2023

This research is entitled tenant compensation for the use of hotel room facilitiesaccording to the DSN-MUI fatwa NO: 112/DSN-MUI/IX/2017 (Case study ofsharia hotels in North Rantau District, Labuhan Batu Regency), this study aimsto find out how the provisions for compensation the tenant's loss for the use ofhotel room facilities, how is the implementation of compensation for the tenantfor the use of hotel room facilities according to the DSN-MUI fatwa NO:112/DSN-MUI/IX/2017 in Rantau Utara District, including, Wisma Syariah Hotel,Ahza Syariah and Rifana Residence Syariah. This research uses field research.The research method used is a qualitative research method and data sources wereobtained through interviews with 3 tenants (Musta'jr) and 3 lessees (Mu'jir). Theresults of this study indicate that there are still hotels that enforce compensationlaws for the use of room facilities, this clearly violates the rules according to theFatwa of the National Syari'ah Council Number 112/DSN-MUI/IX/2017concerning Ijarah Contracts which states that Musta'jir in ijarah contract 'ala ala'yan, is not obliged to bear the risk of losses arising from utilization, except foral -ta'addi, al -taqshir, or mukhalafat al-syuruth, and violates the contents andterms of the contract. So that the implementation of leasing creates harm or directimpacts such as a party who is harmed where this contains dharar and includestyrannical actions against tenants.
Pelanggaran Hukum Terhadap Hak Cipta Lagu Karena Melakukan Perubahan Secara Ilegal
Authors: Ndokii Pongki Paulus , Yunanto Yunanto
Published: July 2023

Copyright is the exclusive right of the creator that arises automatically based ondeclarative principles after a work is realized in a tangible form without reducingrestrictions in accordance with the provisions of laws and regulations. Thedefinition of Copyright is regulated in Law Number 28 of 2014 concerningCopyright Article 1 number 1. Copyright is different from other IntellectualProperty Rights which must be registered. Copyright does not protect ideas,information or facts. Copyright begins with the existence of an idea which is thenrealized in a tangible form. The idea that has been realized in a tangible form thengets exclusive rights automatically. There are two types of exclusive rights,namely moral rights and economic rights. Moral rights are the rights ofindividuals or individuals to the copyrighted works they produce not to bechanged by anyone, even though the copyright of the work has actually beenhanded over to other parties. Economic rights are the exclusive rights of thecreator or copyright holder to obtain economic benefits from the work. But infact, there are still many people who commit copyright infringement withoutpaying attention to the moral rights and economic rights of the creator orcopyright holder. At this time technology has developed rapidly and committinga copyright infringement has been easy to do with the development oftechnology. Especially the act of copying product photos that occur on theinternet, namely Instagram social media. This raises the question of whether theact of copying product photos on social media is a violation of copyright andwhat are the legal remedies.
Analisis Hukum terhadap Penolakan Perdamaian oleh Kreditur yang Diajukan Debitur pada Penundaan Kewajiban Pembayaran Utang
Authors: Dahlan Muhammad Fitratallah , Deviany Oky , Aswan Muhammad
Published: July 2023

This research evaluates the peace arrangements in PKPU and their potential to cause injustice to debtors. It also examines the legal implications of bankruptcy decisions on rejected peace plans submitted by debtors to PKPU. The research uses a statutory, conceptual, and case approach, drawing from primary legal materials such the 1945 Constitution of the Republic of Indonesia, BW, HIR, RBG, the Bankruptcy and PKPU Laws, the Judicial Powers Law as well as PKPU decisions. Secondary sources such as scholarly articles and books authored by bankruptcy and PKPU experts, as well as tertiary sources such as dictionaries and encyclopedias, were also utilized.  The research findings reveal that: (1) the rejection of the settlement by the creditor causes injustice, due to the creditor's unreasonable grounds for rejection. However, the Bankruptcy Law and PKPU grant rights to the creditor under Article 222 paragraph (2), Article 289, and Article 281, enabling them to bankrupt the debtor on the grounds that the debtor's peace plan does not cover the entire amount of the debt. (3) a bankruptcy decision resulting from the rejection of a debtor's peace plan is an unsuitable decision that causes significant losses for both the debtor and the creditor.
Korporasi Sebagai Subyek Hukum dalam Tindak Pidana Lingkungan Hidup
Authors: Pratama T. Andana Harris , Ali Muhammad , Fadil Fadil
Published: July 2023

This paper aims to see how corporate responsibility in committing environmental crimes as one of the legal subjects. In order to approach this problem, theoretical references are used from their books by Philipus M. Hadjon and Tatiek Sri Djatmiati who argue that in the civil law system, the first approach is the law approach. The data were collected through the applicable laws and regulations in Indonesia and were analyzed qualitatively. This paper concludes that legal responsibility in criminal acts of environmental damage is not only borne by individuals, but also legal entities or corporations as subjects of criminal law. In this case the board and the corporation have the same burden of responsibility in committing an environmental crime.
Implementasi Perlindungan Konstitusi dalam Hak Pendidikan bagi Kaum Disabilitas pada Sarana Pedidikan Perguruan Tinggi Negeri Islam
Authors: Ananda Arif Firdaus , Muchlisin Ahmad , Albab Mas Ulul
Published: July 2023

The Indonesian people have equal rights in education, including disabled people. The realization of constitutional guarantees for the education of people with disabilities is strengthened by an additional legal basis in Article 10 of Law No. 8 of 2016 concerning disabilities. In Indonesia, this is still rare and may exist, but only in a few campuses, so it appears that there is neglect of the provisions contained in the constitution. This study aims to analyze the implementation of constitutional protection in the right to education for people with disabilities in educational facilities at Islamic State Universities. This research is a qualitative research with the type of empirical juridical case study related to the application of the law and constitution of this country to education for persons with disabilities in higher education. This research was conducted on the UIN Sunan Ampel Surabaya campus, precisely at the Faculty of Sharia and Law. The results of this study found that the existing rules and conditions in the field have not been implemented due to many factors, which in general are still related to the bureaucracy in this country.
General Election (Election) As an Implementation of The Constitution in A Country with A Democracy System
Authors: Hudhaibi Hasan Aulia
Published: July 2023

This research discusses the implementation of democracy in Indonesia through its governmental and constitutional systems. The main focus of this study is on the role of the constitution, particularly the 1945 Constitution of the Republic of Indonesia, in conducting General Elections (Pemilu) as one of its constitutional mandates. This research adopts a descriptive-analytical approach to analyze how democracy is applied in the governance practices of Indonesia. Through an examination of the constitution's content and its historical development, this study identifies that the founders of the Unitary State of the Republic of Indonesia agreed to draft a written constitution, namely the 1945 Constitution. This constitution aims to guide the administration of the state in accordance with the people's aspirations, to establish good governance, and to support the enforcement of democracy and human rights. The research also explores the role of elections within the constitution as a vital mechanism for political participation. Elections are regarded as instruments to provide legal certainty in their implementation, ensuring fairness for all parties involved. In this context, the research concludes that Indonesia, as a democratic country, is an ideological and factual statement that cannot be denied. This research provides a deeper understanding of how the implementation of the constitution and elections plays a significant role in safeguarding and advancing democracy in Indonesia. The findings of this study are expected to contribute to the ongoing debates and further developments regarding political governance and democracy in Indonesia.
Criminal Liability for Corporate Crime in Indonesia
Authors: Sari Nur Khalifah Agustin
Published: July 2023

Criminal liability for corporate crime in Indonesia has become a topic of increasing interest and importance in recent years. The issue is particularly relevant given the rapid growth of the Indonesian economy and the expanding role of corporations in the country's development. The purpose of this abstract is to provide an overview of the current legal framework in Indonesia for holding corporations criminally liable for their actions, as well as to examine some of the challenges and opportunities associated with enforcing corporate criminal liability in practice. The main sources of corporate criminal liability in Indonesia are the Criminal Code and the Law on Limited Liability Companies. Under these laws, corporations can be held criminally liable for a wide range of offenses, including corruption, environmental crimes, and labor violations. However, the legal framework for corporate criminal liability in Indonesia is still relatively new and untested, and there are a number of challenges to effective enforcement, including limited resources and capacity within law enforcement agencies. Despite these challenges, there are also opportunities for improving the enforcement of corporate criminal liability in Indonesia. For example, recent efforts by the government to strengthen anti-corruption measures and improve transparency and accountability in the business sector have the potential to create a more favorable environment for enforcing corporate criminal liability. Additionally, there is growing awareness among both the public and private sectors of the importance of corporate social responsibility and ethical business practices, which could help to promote greater compliance with the law. In conclusion, while there are challenges to enforcing corporate criminal liability in Indonesia, there are also opportunities for improving the legal framework and enhancing enforcement efforts. The successful implementation of corporate criminal liability will require a collaborative effort between the government, law enforcement agencies, and the business sector to ensure that corporations are held accountable for their actions and that the rule of law is upheld.
Reformulasi Paradigmatik Kedaulatan Sumber Daya Alam dalam Konstitusi
Authors: Safiudin. R Achmad
Published: July 2023

The exploitation of natural resources (SDA) and environmental destruction is not just a problem that becomes a national issue, but regional and even global. In Indonesia, natural resource wealth is understood by the government as an important capital in the implementation of national development, so the unwise use of natural resources and the environment causes these natural resources to decline both in terms of quality and quantity. This is due to the construction of the mainstream of thought of sovereignty in the constitution so far has had an impact on minimal management resulting in the utilization of natural resources without regard to the principles of justice, democracy and the sustainability of natural resources functions and is often considered not based on the ideal conservation and productivity functions. The legal issues in this paper are (a) how is the dynamics of the paradigm of natural resources sovereignty in the constitution and (b) how is the paradigmatic reformulation of natural resources sovereignty in the constitution as an effort to converge in the development of the legal system. This research is within the scope of normative law through statutory approaches, case approaches and comparative legal systems approaches. The results of the research are theoretically expected to contribute ideas and enrich the repertoire of legal science, especially environmental law related to the problem of the management paradigm towards sovereign natural resources. Practically, it is expected to be useful as input material for policymakers.