JURNAL HUKUM SEHASEN

Development of Legal Aspects in the Beauty and Care Products Industry

2024-10-08T10:00:06+00:00

The beauty and care products industry has experienced rapid growth in recent years, both at national and international levels. This growth brought attention to legal issues related to safety, quality, and ethics in the production, distribution, and marketing of beauty and care products. So it is not surprising that there are many cases of the beauty industry and care products that violate the law and cause a stir in Indonesia. Even though consumers are getting smarter and demanding clear and accurate information about the beauty products they use, because the beauty industry business is very lucrative from a profit standpoint, there are still many individuals who have bad intentions and justify any means to gain as much profit as possible. magnitude. The journal aims to identify and analyze legal aspects related to this industry as well as provide views on legal developments necessary to protect consumers and ensure product safety. This journal aims to identify and analyze legal aspects related to this industry and provide views on developments. This journal uses normative juridical research methods by collecting and analyzing data from various legal sources, including laws, regulations, government policies, and court decisions related to the beauty industry and care products in Indonesia.

The Role And Authority Of The World Trade Organization (WTO) Towards International Dispute Settlement Seen From The Case Of Indonesia's Nickel Ore Exports With The European Union (EU)

2024-10-08T10:00:10+00:00

This research aims to analyze the role and authority of the World Trade Organization (WTO) towards international dispute resolution seen from the case of Indonesia's nickel ore exports with the European Union (EU). This type of research is descriptive analytical. This research was conducted with normative juridical methods sourced from primary legal materials and secondary legal materials which include relevant sources of international law, such as international conventions / treaties, international customs, general legal principles, court decisions, as well as teachings / doctrines of legal experts websites, books and other sources. The data analysis technique in this study collects the data and then analyzes it so that it gives rise to a conclusion. The result of this research is that the World Trade Organization (WTO) as the only international organization (OI) engaged in international trade has an important role for resolving disputes regarding trade because it concerns the world economy. Although basically the WTO is an organization that guarantees smoothness and aims to create good and peaceful international trade, the existence of supporting organs such as the Dispute Settlement Body and the Appellate Body is a concrete manifestation of the WTO's authority in resolving international disputes based on doctrines such as attributed, implied, and inherent power. In the case of Nickel Ore Exports, Indonesia and the European Union can resolve existing disputes through various means offered by the WTO which can be utilized as well as possible, especially to improve relations between the two in terms of trade by using the settlement facilities provided by the organization. However, in finding a way out of the settlement, it should not ignore the function of the WTO which is based on the main principles. One of them is the fact that Indonesia is a developing country which, according to the basic principles of the WTO, is entitled to certain special treatment.

Review Of The Role Of Paralegals Regarding Violence Against Woman And Children In Cilandak Barat And Lebak Bulus Urban Villages

2024-10-08T10:00:16+00:00

Women and children, being the most vulnerable to environmental violence, often have their rights overlooked due to various factors. Law No. 16 of 2011 on Legal Aid was enacted to ensure the equitable provision of legal assistance, aiming to maximize the involvement of Advocates who infrequently offer free aid through paralegals. This research, utilizing socio-legal research methods, examines the paralegal's role in reducing violence against women and children in West Cilandak and Lebak Bulus Villages. Based on the research findings from interviews and observations, linked to the theory of effectiveness, it can be concluded that the paralegal's role in minimizing violence against women and children in West Cilandak and Lebak Bulus Villages has not proven to be effective.

Batu Tahu As A Form Of Conservation Of Coastal Areas And Habitat Of Biological Resources In Bengkulu From A Legal Perspective

2024-10-08T10:00:20+00:00

Batu Tahu is one of the icons of coastal tourism in Bengkulu City. This beach is unique in the form of coral rock formations that form beautiful cliffs along the coastline. Apart from its natural beauty, Batu Tahun Beach is also a habitat for various types of marine biological resources, such as coral reefs, fish, and other biota. This research aims to examine the conservation efforts carried out in the Batu Tahu Beach area in order to preserve the coastal area and protect the biological resource habitat within it. Using a qualitative descriptive approach, this study analyzes the conservation practices implemented, such as limiting tourist activities, protecting coral reef ecosystems, and educating visitors about the importance of preserving the coastal environment. Data was obtained through field observations, interviews with managers, and study of related literature. It is hoped that the results of the research will provide an overview of conservation efforts in the coastal tourist area of Bengkulu City and become a reference for the management and preservation of biological resources in similar areas.

Legal Efforts for Victims of Sexual Violence Who Undergo Abortion

2024-10-08T10:00:25+00:00

Tujuan dari penelitian ini adalah untuk mengetahui bagaimana upaya perlindungan hukum terhadap korban perkosaan yang melakukan aborsi yang mengakibatkan kehamilan, Untuk mengetahui pertanggung jawaban pidana terhadap pelaku aborsi menurut hukum positif di Indonesia , serta mengetahui peran Negara dalam memberikan perlindungan hukum terhadap korban perkosaan yang melakukan aborsi yang mengakibatkan kehamilan. Metode yang dilakukan dalam penelitian ini adalah dengan menggunakan jenis penelitian hukum normatif. Data sekunder didapat meliputi buku-buku yang terkait dengan permasalahan penelitian ini, hasil penelitian, dan pendapat-pendapat hukum. Hasil penelitian ini kemudian dianalisis secara kualitatif. Dari hasil penelitian ini ditemukan bahwa, pertama, bahwa upaya perlindungan hukum terhadap korban telah diatur di dalam Undang-Undang Nomor 36 Tahun 2009 tentang Kesehatan, namun korban perkosaan yang melakukan aborsi masih banyak yang dikriminalisasi, kedua, pertanggungjawaban pidana terhadap pelaku aborsi menurut hukum positif di Indonesia tidak dapat dimintakan pertanggungjawaban sesuai dengan ketentuan Pasal 48 KUHP, ketiga, bahwa pemerintah telah memberikan kepastian hukum bagi korban perkosaan yang melakukan aborsi melalui Undang-Undang Nomor 36 tahun 2009 tentang Kesehatan, namun nyatanya upaya yang dilakukan pemerintah masih belum optimal, karena masih minimnya fasilitas layananan aborsi yang legal.

Kesesuaian Ratio Decidendi Majelis Komisi Pengawas Persaingan Usaha dalam Penyelesaian Monopoli Jasa Transportasi Pengiriman Benih Bening Lobster (Studi Putusan KPPU NO.04/KPPU-I/2021)

2024-10-08T10:00:31+00:00

Perubahan aturan mengenai pengelolaan benih bening lobster di Indonesia sangatlah berpengaruh terhadap bisnis benih bening lobster. Kementerian Kelautan dan Perikanan dengan peraturan yang diciptakannya secara tidak langsung menunjuk PT. Aero Citra Kargo sebagai satu-satunya pelaku usaha yang dapat melakukan kegiatan transportasi benih bening lobster dalam sektor bisnis benih bening lobster. Sehubungan dengan permasalahan yang telah dikemukakan maka isu utama dalam penelitian ini adalah dampak dari peraturan yang mengakibatkan terjadinya praktik monopoli sebagaimana dalam Putusan Komisi Pengawas Persaingan Usaha Nomor 04/KPPU-I/2021 mengenai dugaan pelanggaran Pasal 17 Undang-Undang Nomor 5 Tahun 1999 yang dilakukan oleh PT. AeroCitra Kargo dalam layanan pengurusan transportasi benih bening lobster. Penelitian ini menggunakan metode penelitian yuridis-normatif dengan pendekatan peraturan perundang-undangan dan konseptual. Hasil penelitian mengungkapkan bahwa PT. AeroCitra Kargo terlibat dalam praktik monopoli dengan menyalahgunakan posisi dominannya untuk menghalangi pesaing masuk ke pasar dan mengeksploitasi konsumen, yaitu para eksportir, dengan menetapkan tarif layanan yang tinggi. Oleh karena itu, Putusan Komisi Pengawas Persaingan Usaha Nomor 04/KPPU-I/2021 berdasarkan penelitian yang dilakukan dianggap tepat karena dapat membuktikan bahwa PT Aero Citra Kargo telah melanggar Pasal 17 Undang-Undang Nomor 5 Tahun 1999.

The Role Of Legal Sociology In Implementing PPP (Public-Private Partnership) (Lhok Guci PPP Case Study)

2024-10-08T10:00:40+00:00

Legal products can be used as a means of improving infrastructure development in Indonesia. The preparation of legal products must be in accordance with the conditions and desires of society and in connection with this, the branch of science that can be used is called legal sociology. The implementation of the PPP (Public-Private Partnership) scheme in Indonesia has shown a significant impact in providing infrastructure. Starting from the need for a legal sociological view of the implementation of infrastructure development with a PPP financing scheme, the author wants to study it further. This research aims to determine the role of legal sociology in implementing PPP (Public-Private Partnership). This research is included in the type of normative research with a statute approach and conceptual approach. The results of the research show that the application of legal sociology in the implementation of PPP, especially the Lhok Guci PPP, can be used as a means of assessing legal effectiveness, revealing ideology and interests and also legal sociology can be used to assess the identification of cultural and religious influences in the implementation of infrastructure development carried out using PPP financing schemes.

Analisis Kriminologis Korupsi Perspektif Pendekatan Sobural Sebagai Upaya Pencegahan Korupsi di Indonesia

2024-10-08T10:00:45+00:00

Korupsi merupakan fenomena kejahatan yang bersifat kompleks, tidak hanya berkaitan dengan persoalan hukum, melainkan juga persoalan sosial politik dan kebudayaan, sehingga pendekatan penyelesaianya juga dapat menggunakan pendekatan sosial, budaya dan structural. Kerumitan dalam pemberantasan korupsi selalu terjadi, hal ini terlihat semakin meningkatnya tindak pidana korupsi, baik dari segi kuantitas maupun jumlah kerugian negara yang diakibatkan oleh tindak pidana korupsi. Metode sobural bukanlah suatu prinsip yang digunakan untuk menyelesaikan suatu masalah atau kasus, namun metode ini berperan dalam memahami suatu perbuatan jahat secara tepat melalui tiga lensa nilai yang mempengaruhinya, yaitu nilai sosial, nilai kultural, dan unsur struktural. Tujuan penelitian ini untuk mengetahui Analsisi kriminologis korupsi prespektif teori sobural. Metode penelitian yang digunakan adalah Dalam penelitian ini menggunakan metode penelitian hukum normatif, yaitu penelitian yang difokuskan untuk mengkaji penerapan kaidah-kaidah atau norma-norma dalam kehidupan sosial masyarakat. Dengan pendekatan antara lain pertama Pendekatan Historis (Historical Aprroach) dilakukan untuk memahami nilai-nilai sejarah yang menjadi latar belakang pendekatan nilai sosial, nilai budaya dan faktor struktural (Sobural) menjadi pisau analisa kriminologis yang membedah causa kejahatan Korupsi. Kedua Pendekatan Konseptual (Conceptual Approach). Temuan berdasarkan hasil penelitian yakni pertama pendekatan nilai sosial, nilai budaya dan faktor struktural (Sobural) menjadi pisau analisa kriminologis yang membedah causa kejahatan secara utuh, baik diri pelaku maupun masyarakat. Keunggulan pendekatan nilai sosial, nilai budaya dan faktor struktural (Sobural) memberikan cara bagi penegak hukum, terutama hakim untuk memahami perbuatan korupsi dalam memutuskan perkara. Kedua pendekatan sobural dapat menjadi instrument kegiatan pencegahan korupsi, sebab pencegahan korupsi pada dasarnya merupakan bagian dari semangat pemberantasan korupsi. Untuk menghindari korupsi, sangat penting untuk memperhatikan pendekatan Sobural pada masyarakat di mana tindakan tersebut dilakukan dalam hal nilai sosial, budaya, dan variabel struktural sebagai upaya pencegahan korupsi.

Implementation Of Article 45 Of Law Number 1 Of 1974 Concerning Marriage Related To The Fulfillment Of Children's Rights Post-Divorce Based On The Principle Of Legal Certainty

2024-10-08T23:41:03+00:00

The legal perspective regarding Law Number 1 of 1974 concerning Marriage (Marriage Law) has undergone changes through Law Number 16 of 2019, as in Article 45 of Law Number 1 of 1974 which regulates providing children's rights after divorce. The implementation of Article 45 of Law Number 1 of 1974 concerning Marriage regarding providing children's rights after divorce can vary in practice, depending on the context and policies implemented by the institution or institution that handles divorce cases. The legal basis for educating children's rights after divorce is based on the Marriage Law and the Compilation of Islamic Law (KHI) which involves the 1945 Constitution of the Republic of Indonesia and the Basic Principles of the Convention on the Rights of the Child which was approved in 1990. This research is based on scientific allegations that protection and the interests of children are given less attention in divorce settlements. In a marriage relationship, problems often arise which lead to divorce. Many things are triggering factors, and usually the victims are children. This research aims to analysed the application of the principle of legal certainty mandated in Article 45 of Law Number 1 of 1974 concerning Marriage. The research method used is a normative juridical research method by taking material from statutory regulations, literature and legal journals.

Assessing Labor Wage Systems in Companies from an Islamic Legal Perspective

2024-10-08T23:44:19+00:00

This study aims to examine the wage system at CV Bregas, located in Desa Maen Likupang Timur, and assess its compliance with Islamic economic law principles. This field research, conducted at IAIN Manado, employs a qualitative approach grounded in juridical legal methods to study natural objects. Data was collected through interviews, observations, and documentation, and analyzed using an interactive model that includes data reduction, data presentation, and conclusion drawing. The findings reveal that CV Bregas, owned by Mr. Karmin, implements a wage system with variations in daily, weekly, and monthly wages. Monthly and daily wages exceed the UMP of North Sulawesi Province and the UMK of the relevant regency/city, while weekly wages fall below these standards. The wage mechanism is based on agreements between workers and company management. The wage system at CV Bregas is deemed compliant with Islamic economic law, as wage determination is based on mutual consent, payments are made after work completion, and disputes are resolved primarily through deliberation.

The Law Of Mahar Gifts From The Perspective Of The Syafi'i And Maliki

2024-10-08T23:48:21+00:00

The aim of this research is to investigate and comprehend the laws and practices regarding the giving of mahar from the perspectives of the Shafi'i and Maliki schools of thought within Islamic jurisprudence. This study seeks to compare the viewpoints of the Shafi'i and Maliki schools regarding the law of mahar in marriage through a deep analysis of fiqh literature, classical scholars' opinions, fatwas, and relevant research. The goal is to understand the differences and similarities between their perspectives and to draw theoretical conclusions regarding their Islamic legal perspectives on mahar within the context of marriage. The analysis reveals that mahar in Islam is a mandatory gift given by the husband to the wife during the marriage contract, serving as a token of appreciation and acceptance of the marriage, as mandated in the Quran. While the Shafi'i and Maliki schools differ in their views on the amount, type, and manner of giving mahar in marriage, they both uphold the principle that mahar is an integral part of Islamic marriage law.

Legal Consequences Of Typographical Errors In Notarial Minutes

2024-10-10T15:14:36+00:00

The purpose of this research is as follows: To analyze the legal consequences for a notary's negligence in correcting typographical errors in notarial minutes, and to analyze the procedures followed by notaries in practice when typographical errors occur in notarial minutes. Legal research is divided into two types: Normative Legal Research and Empirical Legal Research. This study utilizes normative juridical research, analyzing legal regulations as its basis. Based on the types of data used, legal materials are categorized into primary legal materials, secondary legal materials, and tertiary legal materials. The research finds that a notary who neglects to correct typographical errors in notarial minutes may face civil and administrative sanctions. Typographical errors due to a notary's negligence can lead to civil lawsuits to claim compensation under Article 1365 of the Civil Code, as well as administrative sanctions under Article 85 of Law Number 2 Year 2014 concerning Notarial Office. Procedures for correcting typographical errors in notarial minutes include renvooi, corrections, or correction statements. Changes before the document is signed are termed renvooi and must be initialed by relevant parties, while changes after signing must be documented in a correction statement in the presence of the concerned parties and noted on the original notarial minutes. Copies of the correction statement must be provided to all parties involved. Failure by the notary to adhere to renvooi or correction procedures results in the document having evidentiary value as a private document only, and aggrieved parties may seek compensation from the notary.

Electronic and Information Technology Law as a Control Tool and Legal Umbrella for Communities and Business Actors in Facing the Demographic Bonus 2030

2024-10-11T03:01:56+00:00

In the year 2030, the number of productive age groups will double, and this demographic bonus presents an opportunity for Indonesia to enhance productivity as it enters the digital transformation era. In its implementation, the demographic bonus in the era of digitalization and information technology, while offering positive effects on productivity, also carries negative consequences. These include an increase in criminal activities facilitated by the use of information and electronic transaction technologies, and due to the ease and sophistication of available technology, these crimes can transcend national boundaries. To address these challenges, efforts in enforcement and prevention, particularly in criminal law, need to be undertaken while still considering the norms prevailing in society. The existence of Law No. 11 of 2008 Concerning Electronic Information and Transactions and Republic of Indonesia Law No. 19 of 2016 Concerning Amendments to Law No. 11 of 2008 Concerning Electronic Information and Transactions ('UU ITE') is expected to serve as a legal framework for society and business actors, thereby maximizing the productivity of the demographic bonus and achieving societal well-being.

Legal Review Of The Application Of Electronic Land Ownership Certificates In The Indonesian Legal System

2024-10-11T03:04:31+00:00

In modern times such as today with the advancement of technology that is very rapidly growing, many things can be used to facilitate work such as in terms of community services, for example with the existence of e-land. The type of research used in this research is normative legal research (doctrinal legal research). The approach method in this study uses a statutory approach, an approach using legislation and regulations. The research results show that the implementation of electronic certificates is effective. Influential factors are human resources, facilities and infrastructure and quality of electronic data. Author Hopely: Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as an electronic service provider in the land sector, maximize the use of electronic services, and more professional human resources, and improve data quality control so that results are maximized.

The Convergence Between Textual Law And Progressive Law In Addressing Contemporary Legal Challenges

2024-10-11T03:27:55+00:00

This article explores the intersection between textual law and progressive law in the context of resolving contemporary legal challenges. Normative law is the choice for this research, with a case and conceptual approach. Collecting legal materials using literature studies and analyzing them using qualitative descriptive. This research produces: Textual law offers legal certainty through strict interpretation of statutory texts, while progressive law emphasizes substantive justice and adaptation to social change. This analysis identifies how these two approaches can complement each other to create a legal system that is fairer and more responsive, and considers community participation in the legal process. Case studies and theoretical contributions support the argument that combining textual legal principles with progressive legal flexibility can increase the effectiveness of law enforcement in dealing with the complexity and dynamics of law in an era of rapid technological development.

Handling of Juvenile Brawl Crimes through Criminal Law Policy in Medan City

2024-10-11T03:59:13+00:00

This study focuses on criminal law policies in dealing with criminal acts of assault or brawls (tawuran) caused by juvenile delinquency in Medan City. Student brawls have become a trend among teenagers, especially at the high school level and equivalent, which are triggered by various internal and external factors, including family influences, school environment, and social pressure. This study aims to determine the legal basis governing criminal acts of brawls, the factors causing brawl behavior among students, and efforts to overcome them made by law enforcement, the community, and schools. The approach used in this study is a qualitative descriptive method, which includes data collection through interviews and direct observation at the Medan Police Headquarters. The results of the study indicate that factors such as frustration, emotional disturbances, and environmental influences contribute to juvenile delinquency behavior that leads to brawls. This study emphasizes the importance of the Restorative Justice approach in resolving brawl cases and proposes the need for collaboration between educational institutions, law enforcement, and the community to prevent and handle these cases effectively.

Measuring Happiness In Utilitarianism Teachings

2024-10-11T04:01:01+00:00

This research aims to examine how to measure happiness in the teachings of utilitarianism, an ethical theory that focuses on maximizing the greatest happiness for the greatest number of people. The approach used in this research involves qualitative analysis. The qualitative approach includes literature studies to understand the theory of utilitarianism put forward by Jeremy Bentham and John Stuart Mill, as well as examining various methods of measuring happiness and criticism of utilitarianism. This study finds that although utilitarianism offers a logical framework for moral decision making, there are significant challenges in objectively measuring happiness and its fair application. Happiness is subjective and varies between individuals, with the potential for injustice to occur when the happiness of the majority is prioritized over the minority. A more objective and fair method of measuring happiness is needed, as well as the importance of considering individual rights in applying the principles of utilitarianism by considering overall welfare and distributive justice.

Obscurity Of Norms: Nurses As Recipients Of Delegated Tasks From Anesthesiologists

2024-10-11T04:07:38+00:00

Nurses, who are an element of health human resources, also have an obligation to carry out their service duties professionally. Considering that nurses are legal subjects, in essence the relationship between nurses, patients and health facilities is a legal relationship. This research is normative legal research; by using types of secondary data obtained from various searches for journal articles, books and information through online news; related to the substance of the research. The aim of this research is to describe legal analysis using a statutory approach, a conceptual approach, and a historical approach to resolve the unclear norms of nurses as recipients of the abundant duties of an anesthetist. The results of this study confirm that understanding the laws and regulations, concepts and history of nurses as one of the health workers who receive various duties from anesthetists, brings changes to the view of the authority of nurses in anesthesia services.

Direct Election Of Regional Heads By The People From A Utilitarian Perspective

2024-10-11T04:09:10+00:00

This research aims to analyze the direct election of regional heads by the people in the context of utilitarianism theory. This direct election is an integral part of the modern democratic system in many countries, including Indonesia, which gives citizens, especially regional communities, direct voting rights to elect their own regional leaders. However, in the perspective of utilitarianism, political decisions and government actions are measured based on their consequences or impact on the happiness and welfare of society as a whole. Therefore, this research will explore the extent to which a direct regional head election system can be justified from a utilitarianism perspective, taking into account the effectiveness of elected leaders, political participation, and their impact on social and economic justice. Through in-depth analysis, it is hoped that this research can provide deeper insight into the relationship between the direct election of regional heads by the people and the principles of utilitarianism, as well as their implications for the practice of democracy and regional government governance in Indonesia. The results of this research can also provide a valuable contribution in developing more effective and fair policies in the regional head election system, in accordance with the principles of utilitarianism in achieving the welfare of society as a whole.

Regulation Of Cybersecurity Technology As An Effort To Address Security Threats To Privacy In The Digital Era

2024-10-11T04:10:40+00:00

Cybersecurity technology regulations play a key role in ensuring adequate protection of individual data privacy in an increasingly complex digital era. In the context of the collection, use, and dissemination of personal data by various entities, these regulations provide a foundation for governing practices related to data privacy. Through regulations such as the General Data Protection Regulation (GDPR) in the European Union, stringent standards are enforced to protect personal data and grant individuals control over their data. Transparency, restrictions on data use and access, and the implementation of robust data security measures are key aspects of this regulation. Additionally, law enforcement and sanctions for data privacy violations are integral parts of effective cybersecurity regulations. Thus, cybersecurity technology regulations aim to create a safe and trustworthy digital environment where individual data privacy is respected and optimally protected.

The Urgency of Protecting the Privacy Rights of Kidfluencers on Social Media in Indonesia in Relation to the 1989 Convention on the Rights of the Child

2024-10-11T04:32:10+00:00

The research aims to analyze the protection of kidfluencers' privacy rights on social media in Indonesia from the perspective of the Convention on the Rights of the Child of 1989 and to analyze the urgency of legal protection for kidfluencers' privacy rights on social media in Indonesia. The approach method used is normative juridical, emphasizing the study of primary, secondary, and tertiary legal materials, as well as a legal comparison between Indonesian law and French law. This study will analyze data obtained from library research using a qualitative juridical analysis method. The results show that the existing laws in Indonesia do not provide adequate protection for kidfluencers' privacy rights on social media. This legal gap has resulted in various cases of privacy rights violations of kidfluencers on social media, indicating the urgency for legal regulations that can provide better protection for kidfluencers' privacy rights.

The Principle of Trust in Online Buying and Selling Transactions in the Perspective of the Civil Code and Law No.19 of 2016 concerning Information and Electronic Transactions

2024-10-11T04:34:16+00:00

The principle of trust in online buying and selling transactions is an important foundation in the relationship between sellers and buyers, both from the perspective of the Civil Code and Law No. 19 of 2016 concerning Information and Electronic Transactions. This research is a qualitative normative research on law. This study aims to analyze the role of the principle of trust in creating safe and efficient transactions online. By emphasizing the good faith and obligations of the parties, the study found that trust not only guarantees the fulfillment of rights and obligations, but also increases the effectiveness of transactions. In addition, this study also found that despite having rules, Indonesia is still not fully optimal in regulating online transactions. Basically, clear regulations in the e-law provide a strong legal foundation to support the buying and selling process, thus creating a conducive environment for the growth of e-commerce in Indonesia

Constitutional Theory and Practice: Connecting Legal Philosophy with Legal Reality

2024-10-11T04:36:21+00:00

This article explores the relationship between legal theory and constitutional practice, focusing on how the principles of legal philosophy are applied in a constitutional context. The constitution not only serves as the supreme legal framework within a country, but it also reflects its underlying values and philosophies. This article examines how various legal theories, including legal positivism, natural law, and critical legal studies, affect the interpretation and application of the constitution. Through this analysis, this article aims to bridge the understanding between legal theory and the reality of constitutional legal practice.

Liability Of Business Actors For Breaches In Electronic Banking Systems

2024-10-11T04:37:48+00:00

The main objective of this study is to analyze the legal consequences arising from data and funds breaches in electronic banking systems. This research uses a normative legal research method to examine the responsibilities of business actors in cases of electronic banking system breaches. The approaches used include legislative and conceptual approaches. The legal materials consist of primary legislation such as the 1945 Constitution, the Civil Code, and various laws related to banking, consumer protection, and personal data protection, supplemented by secondary and tertiary materials such as books, articles, and dictionaries. The legal materials are gathered through documentary studies to collect, analyze, and summarize information from relevant documents. Qualitative analysis is employed to provide a description and draw conclusions based on the available legal materials. The research findings indicate that the legal consequences of breaches of data and funds in electronic banking systems entail legal responsibility for the business actors. If the breach is due to the bank's error or negligence, the bank is required to compensate the customer for the amount lost. However, if the loss is due to the customer's own negligence, the bank is not liable for compensation. For legal protection, preventive measures include insuring customer funds through the Deposit Insurance Corporation, as stipulated in banking regulations. Additionally, repressive protection involves civil legal claims based on unlawful acts, with dispute resolution available through both non-litigation and litigation routes according to the Consumer Protection Law and the Electronic Information and Transactions Law.

Electronic Notarial Deed Register Book (Repertorium) In The Digital Era

2024-10-11T04:39:09+00:00

This study aims to explain and analyze the legal regulations concerning the electronic storage of Act Register Books (Repertorium) under Indonesian law. The research employs normative legal research methods, using a statute approach to examine legal rules related to the electronic storage of documents and a conceptual approach to understand the Cyber Notary concept when specific regulations are not yet available. The sources of legal materials include laws, regulations, books, journals, and dictionaries, with data collection conducted through inventory and literature review, and qualitative analysis. The findings indicate that the legal framework for the electronic storage of documents within the Cyber Notary concept in Indonesia remains unclear. While Law No. 11 of 2008 on Electronic Information and Transactions provides general regulations for electronic documents, there is no specific provision for notarial protocols. Notaries must ensure the validity and security of electronic documents through certification services, secure repositories, and sharing services. This research contributes to a deeper understanding of the legal framework for electronic document storage and offers practical insights into the legal and technical implications within the Cyber Notary context.

Kajian Hukum Atas Tindak Pidana Pemalsuan Faktur Pajak Yang Telah Memperoleh Pengampunan Pajak

2024-10-11T04:40:43+00:00

Sistem hukum Republik Indonesia dalam proses penegakan mengenai asas yang tidak boleh dilangggar atau dikesampingkan, yang artinya pada dasarnya setiap orang yang melanggar hukum pasti akan diberikan sanksi yang telah dibuat. Penyimpangan terhadap kaidah hukum dibagi menjadi dua yaitu, penyimpangan terhadap kaidah hukum atas dasar yang sah yang maksudnya berupa ‘Pengecualian’ artinya kaidah hukum yang dapat disimpangi karena terdapat pengaturan hukumnya. Tindak pidana di bidang perpajakan adalah pelanggaran terhadap aturan undang-undang perpajakan yang menimbulkan kerugian keuangan negara dan orang yang melakukan tindak pidana dapat dituntut secara pidana. Pelanggaran perpajakan yang paling banyak terjadi di Indonesia adalah kasus faktur pajak pertambahan nilai (PPN) yang tidak valid. Di Indonesia, masih banyak penghindar pajak yang menggunakan faktur pajak tidak berdasarkan nilai transaksi sebenarnya. Hal ini berpotensi menyebabkan hilangnya pendapatan negara, bahkan mungkin hingga trilliun rupiah. Ketentuan mengenai tindak pidana terhadap faktur pajak tidak sah di dasarkan pada Pasal 39A Undang-Undang Nomor 28 Tahun 2007 tentang Perubahan Ketiga atas Undang-Undang Nomor 6 Tahun 1983 tentang Ketentuan Umum dan Tata Cara Perpajakan. Problem hukum yang perlu menjadi perhatian di masa datang adalah pengaturan dan penegakan hukum mengenai penyelesaian sengketa pajak yang berpotensi merugikan terhadap pendapatan negara dan tindak pidana di bidang perpajakan khusunya tentang tindak pidana faktur pajak yang tidak sah

Ratification Of Marriage Agreement After The Enforcement Of The Constitutional Court Decision Number 69/PUU-XIII/2015 In Accordance With The Principle Of Authentication

2024-10-11T04:43:00+00:00

In social life, humans are always attached to each other, unable to live alone. They go through various legal events, such as birth, death, and marriage. Marriage, as a physical and inner bond between a man and a woman, aims to form a happy family based on the One Godhead. In this context, husband and wife have clear rights and obligations. Apart from being a legal act, marriage is also a religious act that refers to the teachings of their respective religions. Legally, marriage is defined as a life with a man and a woman who meet certain conditions. The Constitutional Court has given new authority to notaries to ratify marriage agreements, an aspect that is not regulated in the Notary Office Law (Law 2/2014). However, this agreement only binds the parties who drafted it, and to bind third parties, it is necessary to have a publication principle that allows the information to be known to the public. The concept of this publication is contrary to the principle of notary confidentiality regulated in Article 16 and Article 54 of Law 2/2014, which emphasizes the obligation of notaries to keep information confidential. Therefore, the application of the principle of authentication in marriage agreements is important to ensure legal validity. The agreement must be made in the form of an authentic deed to be valid, in accordance with the provisions of the applicable law. This article aims to explore these dynamics and their implications in legal practice in Indonesia.

Juridical Review of the Impact of Pkwt Workers on Trade Unions/Labour Unions in Companies

2024-10-11T04:44:44+00:00

One of the rights of workers / workers in labor relations is the right to freedom of Organization for workers/workers as a forum to express aspirations and freedom of opinion in public and complain. In its implementation to convey aspirations and opinions in public and complain about workers/workers in need of a container. The issue of Trade Unions / Trade Unions is increasingly raised with the impact of the rise of workers / workers of PKWT status on Trade Union Organizations / Trade Unions. It often happens that workers / laborers do not get injustice at work when dealing with the interests of companies or employers. In this study using normative juridical research methods. The main purpose of Trade Union law is to protect the interests and fight for the basic rights of workers. This goal is based on the basic philosophy that workers/laborers are subordinated to employers or companies. Thus the law or legislation in the form as a tool to meneteralisir inequality between workers/laborers with employers or companies. Therefore, when the law cannot balance this subordination, this happens because of a failure in substance and interests that are more in favor of the entrepreneur or company.

Indications Of Monopolistic Practices In The Single Digital Payment Method For Purchasing Train Tickets PT. KAI

2024-10-11T06:31:00+00:00

PT KAI cooperates with one of the state-owned financial technology companies, Link Aja. The cooperation is implemented with PT KAI's policy that requires the purchase of local or long-distance train tickets can only be done by using the KAI Access application. Payment methods with digital wallets available in the KAI Access application can only be with the Link Aja payment method. In fact, there are various digital wallets that are used besides Link Aja. From these problems, this research was compiled. The research aims to analyze the suitability of the functions and roles of SOEs in the implementation of financial services companies. In addition, it also aims to analyze the supervisory function of SOEs in preventing monopolistic practices in carrying out their business and what are the legal consequences for SOEs that are proven to have committed monopolistic practices. This research is included in the type of normative legal research with a statutory approach and conceptual approach. The results show that the cooperation between PT KAI and Link Aja in KAI Access digital payments is in accordance with applicable regulations and the role of SOEs to support economic growth and financial inclusion.

Urgency Of Amendment To The Law On Human Rights Courts Regarding The Establishment Of AD HOC Human Rights Courts In Resolving Cases Of Gross Human Rights Violations In Indonesia

2024-10-11T06:34:23+00:00

This research highlights the importance of changes in Indonesia's legal framework regarding the resolution of cases of gross human rights violations. By analyzing the urgency of changes to the Human Rights Court Law, this research links several relevant laws in this context. This research uses normative juridical research methods. The results show that the government has made efforts to deal with gross human rights violations through the establishment of the Non-Judicial Settlement Team for Past Gross Human Rights Violations. In addition, an ad hoc human rights court was established as a settlement mechanism for more complex and severe cases, but its establishment requires the approval of the House of Representatives based on certain events and a Presidential Decree. Law No. 26/2000 on Human Rights Courts became the legal basis for ad hoc human rights courts, replacing Law No. 1/1999 which had not been passed by the DPR. This regulation is regulated in the State Gazette of the Republic of Indonesia Year 2000 Number 208, which came into force on November 23, 2000. In addition to the role of the government, the community also has a role in resolving cases of gross human rights violations by reporting these events to relevant agencies such as the National Commission on Human Rights (Komnas HAM), especially if there are families or individuals who are victims.

Ethics and Liability of Business Actors in Providing Discounts in E-Commerce Transactions

2024-10-11T06:40:51+00:00

This research aims to analyze the ethics and liability of business actors in providing discounts in e-commerce transactions. E-commerce involves various types of businesses, ranging from small online shops to large companies. With the sophistication of today's technology, it opens up opportunities to cheat for personal gain. Providing fake discounts is one of the concerns of E-Commerce users. The ethics and liability of business actors in providing discounts are the main points demanded by consumers. This research uses normative juridical approach through legislation and assessment of norms and rules applicable in Indonesia. The result of this research is that Government Regulation of the Republic of Indonesia Number 58 of 2001 concerning the Development and Supervision of the Implementation of Consumer Protection that the Government is responsible for fostering the implementation of consumer protection that ensures the acquisition of consumer and business rights and the implementation of consumer and business obligations. If it is found that business actors violate ethics, the sanctions received can be in the form of social sanctions such as damaging the reputation or good name of the company, reducing the trust of consumers and the public in the related company. The settlement of consumer disputes can be pursued through the court or out of court based on the voluntary choice of the parties to the dispute. Consumers can sue business actors in public courts individually or in groups (class action).

A Juridical Review Of The Implementation Of Nickel Mining In Halmahera And Its Impact On Local Fishermen From The Point Of View Of Agribusiness Law

2024-10-11T06:57:09+00:00

Penelitian ini bertujuan menganalisis tinjauan yuridis tentang pelaksanaan tambang nikel di halmahera dan dampaknya terhadap nelayan lokal dari sudut hukum agribisnis. Penelitian yuridis normatif digunakan untuk menganalisis dan mengevaluasi hukum yang berlaku seperti, Undang-Undang Nomor 7 Tahun 2016 tentang Perlindungan Nelayan, Undang-Undang Nomor 3 Tahun 2020 tentang Minerba (Mineral dan Batubara) Peraturan Pemerintah Nomor 22 Tahun 2021 Tentang Penyelenggaraan Perlindungan dan Pengelolaan Lingkungan Hidup. Pendekatan historis memadukan analisis normatif, yang berkaitan dengan keberlakuan hukum dan prinsip-prinsip hukum yang berlaku, dengan analisis historis, yang melibatkan kajian terhadap sejarah dan perkembangan hukum dari waktu ke waktu. Hasil penelitian ini ialah bahwa pentingnya peran pemerintah melalui regulasi dalam membantu nelayan di Halmahera. Dengan adanya regulasi yang tepat, pemerintah dapat melindungi hak-hak nelayan, mengawasi kegiatan pertambangan agar sesuai dengan prinsip-prinsip keberlanjutan, dan memberikan bantuan serta pelatihan kepada nelayan untuk meningkatkan keterampilan dan akses mereka dalam sektor pertanian dan perikanan. Melalui upaya ini, diharapkan nelayan di Halmahera Timur dapat meningkatkan kesejahteraan ekonomi mereka sambil menjaga lingkungan hidup yang berkelanjutan. Serta fakta bahwa Indonesia sebagai Lumbung Ikan nasional salah satunya adalah pulau Halmahera, harus lebih diperhatikan kesejahteraan nelayan disana agar status Indonesia sebagai lumbung ikan nasional tidak menjadi memudar.

The Role Of Environmental Law In Preventing Environmental Damage And Pollution (Case Study Of Mount Sirnalanggeng Mining In Karawang)

2024-10-14T03:37:23+00:00

The environment cannot be separated from humans, which is a vital context that is closely related to human life. It can have positive impacts if it is well cared for, but can also have detrimental impacats if it is contaminated or polluted without adequate supervision. Mount Sirnalanggeng, which is located in Tegalwaru sub-district, Karawang district, has now changed its shape and biological system due to mining carried out by PT Atlasindo Utama. The spring has disappeared, the water channels in the Cipadagungan and Cicaban rivers dry up during the dry season, the West Tarum irrigation system has been affected, resulting in the water supply to DKI Jakarta decreasing by 4,500 liters every second.

The purpose of writing this research is to find out the role of environmental law in preventing environmental damage and pollution, specifically in the case study of Mount Sirnalanggeng Karawang mining. The method used in this research is the Normative-Empirical method with a statutory approach and case studies, data collection techniques namely interviews and literature studies. Based on the research results, the mining carried out by PT. Atlasindo Utama has complied with Law No. 32 of 2009 concerning Environmental Protection and Management, Law Number 3 of 2020 concerning Mineral and Coal Mining and Karawang Regency Regional Regulation No.14 concerning Environmental Protection and Management. The company also committed 3 (three) criminal acts, namely providing false reports, carrying out illegal mining, and not carrying out post-mining reclamation.

Administrative Law Enforcement Concerning Disrespectful Dismissal of Civil Servants in the Perspective of the State Administrative Court

2024-10-14T03:39:26+00:00

The administrative law enforcement regarding the dishonorable discharge of Civil Servants (PNS) or State Civil Apparatus (ASN) is a process that involves a series of legal procedures and mechanisms that must be followed by government agencies. From the perspective of the Administrative Court (PTUN), the decision to discharge a Civil Servant or State Civil Apparatus can be reviewed to ensure that the procedures used comply with applicable regulations and that the decision was made fairly and without discrimination. The Administrative Court has the authority to annul the discharge decision if violations of administrative law or principles of justice are found. This study aims to analyze how the Administrative Court evaluates and adjudicates cases of dishonorable discharge of Civil Servants or State Civil Apparatus, as well as to identify the obstacles encountered in the process of enforcing administrative law.

Criminological Analysis Of Physical Violence Committed By Teachers Towards Students

2024-10-19T04:39:27+00:00

Violence committed by teachers against students at school, both physical, psychological, and sexual violence, has a very bad impact on the psychological development of students. The researcher was used to find out the cause of physical violence committed by teachers on students. This research is normative juridical research which is descriptive in nature, using a statutory approach, the data in this research comes from secondary data. Data collection was carried out by means of library research, namely visiting the library directly or indirectly. The results of the study show that there are a number of efforts made by teachers to prevent their acts of violence against their students. One of these efforts is to maintain their professionalism as teachers, build good relationships, provide specialized training on how to teach students without using violence, enforce discipline for teachers and students who violate the rules, and provide additional sanction options in addition to direct sanctions.

Legal Analysis Of Criminal Offences Regarding Registere Trademarks Of Similarity In The Whole

2024-10-19T04:40:24+00:00

Legal events of the crime of equality of registered trademarks as a whole often occur in Indonesia. This is marked by the number of complaints from registered trademark owners to the police and trademark dispute cases heard in court. Similar but not the same in the lawsuit/demand of the trademark owner against the perpetrator of the violation of the law against the trademark is carried out by the perpetrator with the imitation of the brand as a whole, so that it has an identical resemblance both in the logo on the image and in the form of writing and pronunciation. Where the perpetrator's act of piggybacking on the owner's registered brand is motivated by personal interests so that the counterfeit brand products he uses instantly can compete with well-known products and bring great profits to him. Even if they are aware and/or unknowingly, these acts can have legal consequences that have consequences for the imposition of legal sanctions from the criminal act of equality of registered trademarks as a whole. This study uses a normative juridical approach method, using qualitative analysis techniques which are then presented and analyzed using analytical descriptive methods. The type of approach used in writing this thesis is the library research approach, namely by studying books and documents related to the form of the crime of registered trademark equality as a whole, the causes of the crime of imitating registered trademarks, and the analysis of the decision Number 259/Pid.Sus/2019/PT SMG.This study also uses the statute approach method, namely by reviewing laws and regulations related to the topics discussed in this study, namely based on Law Number 20 of 2016 concerning Trademarks and Geographical Indications. The results of the research and discussion in this study found that based on the decision Number 259/Pid.Sus/2019/PT SMG. In the process of his trial in court, the judge found evidence and facts that the perpetrator had indeed committed an act of violation of the law against the crime of equality of registered trademarks as a whole and was found guilty of imitating the "Ndang Ndut" brand as a whole by using the "Abang Gendut" brand on his salt products sold in the market. This act of bad faith clearly harms the brand owner in terms of revenue and damages the market strategy that he has implemented, especially deceiving consumers as if the marketed product has the same quality even though it is different.

Legal Protection Of Victims Of Mental Retardation Rape As A State Of Helplessness

2024-10-21T14:56:58+00:00

Rape is a form of sexual violence that not only violates human rights, but also causes deep physical and psychological trauma to the victim. In this context, victims with mental retardation are in a very vulnerable position and are often unable to defend themselves or give legitimate consent. This condition makes them a group that needs special protection under the law. This study aims to analyze the legal protection of rape victims who experience mental retardation as a state of helplessness based on the applicable laws in Indonesia. Rape is a form of sexual violence that violates human rights and results in deep physical and psychological trauma for the victim. Victims with mental retardation have a higher vulnerability and require special protection. The approach used in this study is normative juridical, by analyzing related laws and regulations, including the Criminal Code (KUHP), Law Number 23 of 2004 concerning the Elimination of Domestic Violence, and Law Number 8 of 2016 concerning Persons with Disabilities. The results of the study show that although there are regulations that provide legal protection for rape victims, the implementation and enforcement of the law still face various obstacles. Factors such as social stigma, a lack of understanding of mental retardation, and limited resources in the justice system often hinder effective protection for victims. This study recommends increased socialization and training for law enforcement officials, as well as the provision of better support services for victims with mental retardation.

Juridical Analysis Of The Delegation Of Authority Of Doctors To Nurses In Health Services At Health Centers

2024-10-21T14:58:12+00:00

This study aims to analyze the juridical aspect of the delegation of authority from doctors to nurses in health services in health centers. Delegation of authority is an important process in the implementation of health services, especially in health centers, which often face limited human resources. This study uses a normative approach by analyzing applicable laws and regulations, including the Medical Practice Law, the Nursing Law, and other related regulations. The results of the study show that the delegation of authority from doctors to nurses must be based on clear and specific legal provisions to ensure the legality and safety of patients. Complete and accurate documentation of the patient's medical record is essential to maintain transparency and accountability in the delegation of authority process. In addition, the delegation of authority must be carried out by considering the competence and qualifications of nurses, and accompanied by adequate supervision from the doctor who provides the authority. This study concludes that although delegation of authority is a common and necessary practice in health services in Puskesmas, its implementation must be strictly regulated and supervised to ensure that the health services provided remain in accordance with professional standards and applicable laws.

The Binding Force Of A Deed Not Read By A Notary

2024-10-21T14:58:47+00:00

This study aims to examine the validity of notarial deeds that are not read out in the presence of the parties and witnesses, as well as to analyze and determine the role of the Notary Supervisory Council in terms of enforcement under the laws of the Republic of Indonesia related to the behavior of notaries who do not read out notarial deeds that they have made. This research is a qualitative normative legal study, examining the legal norms pertaining to the validity of notarial deeds that are not read out by notaries in the presence of the parties and witnesses at the time of signing the deed minutes. The study's findings revealed that it is the responsibility of the notary to guarantee the veracity of the day, date, month, year, and hour indicated at the commencement of the notarial instrument. This serves to substantiate the fact that the parties have appeared and affixed their signatures on this document, and that all procedures have been conducted in accordance with the stipulations outlined in the UUJN. In the event that a notarial deed is not read aloud to the parties and witnesses due to the negligence of the notary, it is undoubtedly in contravention of the provisions set forth in the UUJN, which will undoubtedly have legal implications for both the deed and the notary in question. The failure of a Notary to read a deed aloud will inevitably result in a reduction in the evidentiary value attributed to the deed in question, resulting in it becoming akin to a deed written under one's own hand as per the stipulations outlined in Article 16, paragraph 9 of the UUJN.

Monitoring Improper Waste Disposal By The Departement Of Environment (Dlh) Of Bengkulu City Based On Regional Regulation

2024-10-27T04:56:06+00:00

Monitoring Improper Waste Disposal by the Department of Environment (DLH) of Bengkulu City Based on Regional Regulation Number 2 of 2011 Regarding Waste Management in Bengkulu City Alfio Ayu Lestari Sandi Aprianto, S.H, M.H Ferawati Royani, S.H, M.H One of the environmental issues frequently faced by the community is the abundance of scattered waste in places where they should not be. Therefore, it is important to evaluate the supervision of waste disposal prohibitions and the effectiveness of the local regulations governing them. Based on this issue, the problems can be formulated as follows: How is the supervision carried out by the Department of Environment of Bengkulu City regarding improper waste disposal, and how is the Law Enforcement conducted by the Department of Environment towards those who dispose of waste improperly. The purpose of this study is to determine the supervision conducted by the Department of Environment of Bengkulu City in controlling waste against the prohibition of waste disposal in random places and to understand the legal enforcement processes carried out by the Department of Environment towards those who dispose of waste improperly. The theories used in this research are the supervision theory and the law enforcement theory. This research falls under the category of Empirical Research, which is a legal research method that uses empirical facts taken from human behavior, both verbal behaviors obtained from interviews and actual behavior observed directly. The results of the research conducted at the Department of Environment of Bengkulu City can be concluded that the supervision conducted by the Department of Environment at improper waste disposal sites, especially at Rawa Makmur street, Pasar Bengkulu street, and Lingkar Barat main road to golf field of Bengkulu City, are still not running optimally. This can be seen from the improper implementation of regulations and also from the lack of public understanding regarding waste management regulations, waste handling, and waste disposal prohibitions, leading to an increase in illegal improper waste disposal sites.

Juridical Review Of The Role Of Judges In Legal Discovery (Rechtvinding) According To The Principles Of Good Justice In Handling Cases (Civil)

2024-10-27T04:57:14+00:00

Judges in examining and adjudicating cases, face a fact, that the written law is not always able to solve the problems faced, considering that the codification of the law, although it seems complete, is never perfect, because thousands of unexpected problems will be submitted to the judge. The purpose of this research is to find out the legal discoveries made by the settlement of cases (Civil). The research method used is normative legal research in the form of library research which is carried out by collecting legal materials both primary, secondary and or tertiary. The results of the research and discussion show that the umbrella for judges in making legal discoveries has been regulated in Indonesian positive law, namely that judges are independent and independent, may not refuse to hear, and must make legal considerations for decisions by mentioning articles of legislation or unwritten law as the basis for judging, by applying the meaning of judging according to the law by not discriminating against people so that civil case decisions are produced in accordance with legal values and a sense of justice that lives in society. In order to produce a civil decision, the judge must rely on the evidence submitted by the parties to the dispute, because the truth sought in a civil case is the formal truth, namely the truth that is born on the basis of formal evidence from the parties to the dispute.

The Existence Of Customary Law In Domestic Violence Mediation: Harmonization Between State Law And Customary Law

2024-11-05T03:10:28+00:00

This study aims to examine the role of customary law in mediating domestic violence (DV) cases and how harmonization between customary law and state law can be realized. In several indigenous communities in Indonesia, dispute resolution, including cases of domestic violence, still relies on customary mechanisms that are collective and based on deliberation. However, this often conflicts with state law which has strict rules regarding criminal acts of domestic violence. The research method used is a juridical-empirical approach with case studies in several indigenous communities in Central Aceh. The results of the study show that customary law has a strong existence in handling cases of domestic violence through mediation, where perpetrators and victims are invited to reconcile by involving customary elders. However, there are still challenges in harmonization between customary law and state law, especially in terms of implementing sanctions and protecting victims. This study concludes that harmonization between customary law and state law is needed to create comprehensive justice, where customary law can be recognized as an effective dispute resolution mechanism, but remains in line with the principles of state legal protection for victims of domestic violence. To achieve this, regulatory and policy efforts are needed that are able to integrate the two legal systems proportionally.