Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 08/02/2023
- Languages
- English
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Open Access
TINJAUAN YURIDIS TERHADAP PENYALAHGUNAAN NARKOTIKA
Abstract
The imposition of imprisonment for abusers for themselves becomes increasingly inappropriate and not useful when the capacity of prisons or state detention centers becomes overcapacity because the occupants are dominated by narcotics abusers. Therefore, it is necessary to review the imposition of criminal sanctions on narcotics abusers for themselves. This research is a normative research, and is descriptive analytical in nature which describes and analyzes a phenomenon related to the Criminal Imposition of Narcotics Users for Themselves (Study of the Decision of the Jakarta Pusat District Court No. 585/Pid.Sus /2021/PN.Jkt.Pst and District Court Decisions Medan No. 329/Pid.Sus/2021/PN.Mdn). The results of the study, criminal sanctions for narcotics abusers for themselves are subject to imprisonment. However, if the actions of narcotics abusers themselves meet the provisions of SEMA No. 4 of 2010, drug abusers for themselves "can" be rehabilitated. Judge's consideration in making decisions for the perpetrators of criminal acts of narcotics abusers for themselves in the Decision of the Jakarta Pusat District Court No.585/Pid.Sus/2021/PN.Jkt.Pst and Decision of Medan District Court No.329/Pid.Sus/202 / PN.Mdn is not enough just to refer to the construction of the norms listed in Article 127 of Law No. 35 of 2009 concerning Narcotics, but also must pay attention to related rules, for example SEMA No. 4 of 2010. This is because the article does not contain clear criteria related to narcotics abusers for themselves where such considerations are in line with the legal system both legal structure, legal substance and legal culture. Position of rehabilitation in Law No. 35 of 2009 concerning Narcotics is "can" is not "mandatory".
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Open Access
PERUBAHAN BENTUK BADAN HUKUM PERUSAHAAN UMUM MENJADI PERUSAHAAN PERSEROAN
Abstract
This thesis examines the legality and legal consequences of PT xxx's change in legal form from Perum to Persero, as regulated by PP No. 11 of 2020, in accordance with PP No. 43 of 2005 and Law No. 40 of 2007. Employing normative legal research with primary and secondary data, the study concludes that the change adheres to Articles 29-43 of PP No. 43 of 2005 and Law No. 40 of 2007. The legal consequences include the division of ownership into Series A Dwiwarna and Series B shares, and PT Jamkrindo (Persero) becoming subject to Law No. 40 of 2007 and Law No. 19 of 2003 concerning State-Owned Enterprises.
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Open Access
TINJAUAN YURIDIS HAK RESTITUSI KORBAN PERDAGANGAN ORANG DALAM PUTUSAN 32/2020/PN.RTG
Abstract
Human trafficking is a modern form of human slavery. Trafficking in Persons is also one of the worst forms of treatment as a violation of human dignity. Many people experience the crime of trafficking in persons, the people who are victims of this crime are of course greatly disadvantaged. The victim is the party that suffers the most in a crime, while the victim does not get as much protection as provided by law for the perpetrators of crime. The loss suffered by the victim is not only physical, but also psychological, which results in prolonged trauma. Protection for victims, especially the victim's right to obtain compensation, is part of the victim's rights and social security through filing for restitution charged by the perpetrators of the crime of trafficking in persons according to Law Number 21 of 2007 concerning the Eradication of Trafficking in Persons. This research is a normative legal research with a case approach. The data used is secondary data in the form of primary book materials: Civil Code, Law Number 21 of 2007, Government Regulation Number 7 of 2018 and Decision number 32/pid.sus/2020/pn.rtg, while legal materials secondary obtained from books, as well as other literature. From the results of this study it can be concluded that in granting restitution to victims in criminal acts it has been regulated in Law Number 21 of 2007 but it is still very difficult for victims to obtain restitution rights, it is hoped that law enforcement officials will inform victims in the implementation of granting restitution rights for victim.
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Open Access
PENERAPAN UNDANG-UNDANGAN NOMOR 23 TAHUN 2004 TERHADAP KORBAN KDRT (Studi Kasus Putusan Nomor XXX/Pid.Sus/2020/PN.Mrn)
Abstract
Violence occurs not only in public areas but also in domestic areas that lead to domestic violence. Ironically, women—especially wives—are the most often victims of domestic violence. This study conducted to comprehend the implementation of Law Number 23 of 2004 on the Elimination of Domestic Violence in the case of the Corruption Eradication Commission, as well as to investigate the legal ramifications of the Corruption Eradication Commission's criminal law. The Civil Law Law, Law Number 23 of 2004 on the Elimination of Domestic Violence, and Meureudu District Court Decision Number XXX/Pid. Sus/2020/PN were the key legal sources used in this study. The KDR Indonesian language dictionary contains information relating to the implementation of the law, including Mr. and secondary legal documents. This research is a normative legal study employing library techniques using the mentioned resources. The results of this study suggest that Law Number 23 of 2004 on the Elimination of Domestic Violence has regulated what is included in domestic violence (KDRT). This includes physical, psychic, and sexual violence. Then, the next finding is based on the District Court Decision Number: XXX/Pid. Sus/2020/PN.mr that KDRT occurred.
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Open Access
ANALISIS PENOLAKAN KLAIM ASURANSI JIWA BERDASARKAN KLAUSUL “CONTESTABLE PERIOD” (STUDI PUTUSAN NOMOR 489/Pdt.G/2021/PN Mdn)
Abstract
Insurance Agreement is a reciprocal agreement carried out between the insured and the insured. This reciprocal agreement is a form of risk transfer carried out by the insured to the insurer in exchange for an amount of money or premium paid by the insured to the insurer. In practice special provisions regarding things that are prohibited to be done or things to be done are regulated by the insurer. In the life insurance agreement, there is a special clause, namely the "Contestable Period" which regulates the policyholder's authority to review the correctness of the information provided by the insured and if these facts do not match the information provided at the time of filling out the SPAJ or other forms, the insurer has the right to cancel the coverage and is only obliged to return the investment value if any. The purpose and purpose of writing this thesis is to find out whether the "Contestable Period" clause is in accordance with the principles and objectives of the insurance business. The research method used is normative juridical research with a statutory approach and uses a verdict study where the author analyzes the rejection of life insurance based on the "Contestable Period" clause. The legal material in writing this research consists of 3 (three) parts, namely primary, secondary and tertiary legal materials are the basic materials that are used as a reference or foothold in this writing. Primary legal materials consist of laws and regulations and judges' decisions, while secondary legal materials are obtained from books and other literature, tertiary legal materials in the form of interviews, legal dictionaries and internet sites related to this research.
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Open Access
PELANGGARAN HAK CIPTA SINEMATOGRAFI MELALUI APLIKASI TELEGRAM BERDASARKAN UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
Abstract
At this time, technology is developing very rapidly in various fields which makes the spread of film content increasingly prevalent and more freely accessible to the public, one of which is through the Telegram application. This also results in the rights of others that have been violated, namely the Copyright holder. This research discusses the Perpetrators of Cinematography Copyright Infringement Through the Telegram Application Based on Law Number 28 of 2014 concerning Copyright, the regulation of cinematography copyright in telegrams in related laws and regulations and law enforcement of cinematographic copyright infringement. This research uses normative juridical legal research methods with a statutory approach (Statue Approach). From the results of this study, it can be concluded that copyright protection is given to copyrighted works which are then given an exclusive right to the creator or copyright holder. Any violation of cinematographic copyright such as piracy, duplication and dissemination has legal consequences that have been regulated in Law Number 28 of 2014 concerning Copyright and laws and regulations related to cinematography copyright.
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Open Access
TINJAUAN YURIDIS TINDAK PIDANA PENYEBARAN KONTEN PORNOGRAFI DENGAN MOTIF BALAS DENDAM
Abstract
Online crime, or cybercrime, has become a new trend in many countries, including Indonesia. Among the online crimes that have spread recently is pornography with the motive of revenge, but there are still many people who do not understand the motive for this crime. This is because the public is not aware of the importance of understanding that this is a crime. The formulation of the problem in this thesis is whether pornography with the motive of revenge is included in the criminal act of spreading pornography or not, and what are the judges' considerations in passing a decision on the perpetrators of spreading revenge pornography in Decision Number XX/XXXX/XXXX/XXXX. This research is normative legal research with statutory and case approaches. The data used is from the Penal Code, the Law of the Republic of Indonesia Number 11 of 2008 concerning Information and Electronic Transactions (ITE), the Law of the Republic of Indonesia Number 44 of 2008 concerning Pornography, the Law of the Republic of Indonesia Number 19 of 2016 concerning Amendments to Law No. 11 of 2008 concerning ITE, and the Law Number 12 of 2022 concerning Crimes of Sexual Violence, while secondary legal materials were obtained from books and other literature, and tertiary legal materials such as legal dictionaries, language dictionaries, and legal encyclopedias. From the results of this study, it can be concluded that Based on the motive of vengeance and the judge's considerations in Decision No. XX/XXXX/XXXX/XXXX is not appropriate because there are legal facts that were revealed but were set aside by the Panel of Judges so that in their considerations they directly applied the Pornography Law without considering the ITE Law as charged by the Public Prosecutor in the second Prosecutor in the second Prosecutor in the second Prosecutor in the indictment
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Open Access
KEABSAHAN PENGGUNAAN SITUS PEER-TO-PEER FILE SHARING DITINJAU DARI UNDANG-UNDANG NO. 28 TAHUN 2014 TENTANG HAK CIPTA
Abstract
This article examines the legal protection of copyrighted works on peer-to-peer file sharing sites under Indonesian Copyright Law No. 28 of 2014, employing legal protection theory and a statutory approach, thus constituting normative research. It identifies government blocking of these sites as the primary legal protection. For unauthorized distribution, copyright owners can pursue civil lawsuits, criminal reports, interim/arbitration orders (repressive measures), and report sites for blocking to the Ministry of Communication and Informatics (Kemkominfo) as a preventive measure.
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Open Access
PERLINDUNGAN HUKUM BAGI KORBAN TINDAK PIDANA PENYADAPAN TERHADAP DATA PRIBADI
Abstract
Indonesia is a country of law where this has been stated in Article 1 Paragraph (3) of the 1945 Constitution of the Republic of Indonesia which reads "The State of Indonesia is a State of Law". The legal state of Indonesia is a country of law based on the values of Pancasila which is the philosophy and basis of the state. Pancasila, which is the basis of the state, must be the source of law from all existing legal regulations, which means the law that is in power and becomes the norm and rule for the state, it also means ensuring legal certainty for Indonesian citizens. Based on the formulation of the problem that has been explained, in this study, the researcher uses a normative juridical research method in which the researcher examines data by obtaining from library materials to analyze legal norms applicable in the laws and regulations of the Republic of Indonesia relating to legal protection for victims of wiretapping of personal data. In accordance with the chronology and facts of the trial that the accused has clearly committed an unlawful act judged from Article 28G paragraph (1) which reads wiretapping is an unlawful thing thus the defendant's conduct has violated the law and provided harm to the victim in the form of trauma that has an impact for many years where the judge is not wise in imposing criminal sanctions on the accused and does not think about the impact on the victim. With the qualification of criminal sanctions given by the judge, it is very unfair to the victim where the loss or shame felt by the victim cannot only be with a period of 1 year 2 months but can be years.
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Open Access
PERLINDUNGAN HUKUM KONSUMEN PENGGUNA JASA LAYANAN INTERNET DITINJAU DARI UNDANG – UNDANG TENTANG PERLINDUNGAN KONSUMEN
Abstract
In the current era of globalization, the internet is very important and strategic in human life. Human needs on the internet are getting higher to carry out daily activities such as communicating and obtaining information. The formulation of the problem in this writing is how is the legal protection for consumers who use internet service providers in terms of Law No. 8 of 1999 concerning Consumer Protection and what is the responsibility of internet service provider business actors to consumers in the event of network disruption in terms of law. This study uses the normative juridical law research method, namely library law research, namely research on primary data, which is studied, namely the rules written in primary legal material, namely laws, norms, or other rules, while secondary legal material is obtained from books. – books, journals and other literature. From the results of this study, it can be interpreted that legal protection for users of internet service providers does not yet have certainty that can and legal accountability is carried out by Business Actors for internet provider services is still not optimal because consumers often experience problems in using the internet network and fulfilling rights that are still need to be considered by consumers.
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Open Access
TINJAUAN YURIDIS TERHADAP GAGALNYA PENERAPAN ASAS KELANGSUNGAN USAHA (ON GOING CONCERN) DALAM PERKARA KEPAILITAN
Abstract
On Going Concern is one of the principles regulated in Article 104, Article 179, Article 180 and Article 183 of Law Number 37 of 2004 concerning Bankruptcy and PKPU. Companies that have been declared bankrupt by a commercial court do not always end up with the settlement of bankrupt assets. The company has been declared bankrupt, actually there is still an opportunity for going concern with the aim of increasing bankruptcy assets, this is based on one of the main principles of bankruptcy, namely on going concern. In practice, the curator as the executor of going concern is not always successful in implementing going concern, sometimes the curator also fails. The intent and purpose of writing this thesis is to find out the factors causing the failure of on going concern in bankruptcy cases and to find out the legal consequences of the failure of on going concern in bankruptcy cases. The research method used is normative juridical research with a statutory approach and using a decision study where the author analyzes the factors causing the failure of going concern and the legal consequences of failing going concern. Legal materials in the writing of this research consist of 3 (three) parts, namely primary, secondary and tertiary legal materials which are the basic materials used as a reference or basis in this writing. Primary legal materials consist of statutory regulations and judges' decisions, while secondary legal materials are obtained from books and other literature, tertiary legal materials in the form of interviews, legal dictionaries and internet sites related to this research
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Open Access
IMPLEMENTASI FUNGSI PENGAWASAN DEWAN PERWAKILAN RAKYAT DAERAH (DPRD) DALAM PELAKSANAAN ANGGARAN PENDAPATAN DAN BELANJA DAERAH (APBD)
Abstract
Many communities in various regions of Indonesia have expressed concerns regarding road construction projects that fail to meet expectations. Roads intended to last five years often deteriorate within just one year after construction, raising public suspicion that infrastructure development is being used as a cover for corrupt practices. This thesis explores two key issues: (1) Whether the oversight function of the DPRD in XXX Regency is implemented effectively and efficiently; and (2) What legal consequences arise when APBD (Regional Revenue and Expenditure Budget) implementation does not align with statutory regulations. The research employs a normative juridical method supported by empirical juridical research through interviews with DPRD members. The findings reveal that the DPRD’s oversight function in XXX Regency aligns with principles of good public governance, particularly transparency. The local government is required to openly manage and disclose financial information since public funds belong to the people. If the APBD is implemented contrary to applicable laws, sanctions will be imposed based on the provisions of the Minister of Finance Regulation regarding the Procedure for Submitting Regional Financial Information, specifically Article 8 paragraphs (1) and (2).
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Open Access
PERLINDUNGAN HUKUM KONSUMEN ATAS KETERLAMBATAN PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI
Abstract
This normative juridical study, based on the Convention on the Rights of the Child (Presidential Decree No. 36/1990), examines legal protection of children by parents under Indonesian law and the use of restorative justice in parental child abuse cases. It finds that violence against children is a crime under Article 80 of the UUPA, with parental status increasing penalties. While restorative justice aims for restoration, it is deemed inapplicable to violent parental child abuse, as parents should prioritize the child's best interests. The study recommends legal officials optimally apply Law No. 23/2002 on Child Protection to effectively implement its legal threats.
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Open Access
TINJAUAN YURIDIS PENEGAKAN HUKUM TERHADAP INFLUENCER DALAM MEMASARKAN PLATFORM INVESTASI
Abstract
One of the investments that is currently in great demand in public is online investment trading. Trading is a form of business, in the form of buying and selling, both stocks, currencies, gold, etc. Traders take advantage of trends and changes in momentum in stocks that fluctuate greatly in price to make profits. In order to attract public interest, one of the most common forms of promotion is to involve influencers as to promote the investment. The purpose of the study is to find out legally about the laws in force in Indonesia regarding influencers in promoting the online investment platforms and to analyze legally the legal actions taken against influencers in promoting the illegal online investment platforms. The research method is normative law with the nature of descriptive research. Data sources consist of secondary data and Legislation, legal cases, scientific papers and articles, and qualitative analysis techniques.The forms of investment fraud that occur among the public at this time are divided into three, online investment, fake cooperatives, and fake Arisan, but the most frequent victim is online investment which offers very high profits.In promoting illegal investments In general, influencers offer fraudulent investments by means of lures and even with coercion so that potential investors want to invest the investment. Influencers use online media as a means for actors to find targets so that they are interested in making fake investments. This study concluded that promotion itself is regulated in the consumer protection law, and the role of influencers is also regulated in the capital market law. Then facilities and advertisements through electronic media are regulated in the Electronic Information and Transaction Law. The influencer's criminal liability for investment fraud in the criminal act of trading investment fraud only includes imprisonment and fines. Meanwhile, the aspect of compensation for victims of fraud relates to the scope of civil law with the merger of claims for compensation in criminal cases with the assistance of protection from the Witness and Victim Protection Institute and the Financial Services Authority
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Open Access
ANALISIS HUKUM KELALAIAN PEMBUATAN AKTA WASIAT OLEH NOTARIS
Abstract
Land is an important part of human life, there are many things that humans can do related to land, such as residences built on land or plantations to fulfill human needs or even make businesses on land to use the material results by humans. Therefore land has a lot of influence in legal actions in human life. One of them is the transfer of land rights in the form of a testamentary grant which is related to a will deed. In making this will, there were many violations in the procedure for the process of making it by a notary. The formulation of the problem in this thesis is what is the procedure for making a will by a notary and what are the legal consequences for negligence in making a will by a notary. This research is a normative legal research with the statutory approach/statute approach and the case approach. The data used in this study is secondary data in the form of primary legal material, namely the Civil Law, Law No. 5 of 1960 concerning Basic Basic Regulations - Principal Agrarian, Regulation of the Minister of Law and Human Rights No. 60 of 2016 concerning Procedures for Reporting will and request for the issuance of Electronic Testament Certificate, Law No. 2 of 2014 concerning Amendments to Law No. 30 of 2004 concerning Notary Position, Notary Code of Ethics for Indonesian Notary Association, while secondary legal materials are books, journals or other literature, tertiary legal materials in the form of dictionaries, then the legal material collected is compiled and analyzed. From the results of this study it can be concluded that in making a will, a notary needs to make it in accordance with the provisions of the procedures for the process of making a deed and the conditions for making a will as stipulated in the Civil Code, Notary Code of Ethics and other legislation. If the notary is negligent in making it by not fulfilling all the conditions or in making it not in accordance with the making procedure, the notary is deemed to have committed an offense due to a lack of caution in making a will. As a result of this negligence, the notary will be given sanctions both in criminal law, civil law and administratively in accordance with the lawsuit from the injured victim or plaintiff and the will will be considered inauthentic or become an underhanded deed or null or void by law. That is why a notary needs to carry out obligations in accordance with applicable provisions, especially in making a testamentary deed so that the deed of will remains authentic and avoids breach of office by a notary.
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Open Access
ANALISIS YURIDIS PEMBELAAN TERPAKSA DIRI SENDIRI BERDASARKAN PASAL 49 KITAB UNDANG-UNDANG HUKUM PIDANA
Abstract
The definition of forced defense when viewed in terms of language, forced defense or noodweer consists of the words nood and "weer". Nood which means an emergency or in an unexpected (difficult) situation, which requires immediate response in a forced situation. Weer means defense which means the act of defending, helping, releasing from danger. Forced Defense Exceeding Limits (noodweer exces) has two conditions to be able to declare someone carrying out forced defenses that are exceeding limits. First, there must be a situation that gives rise to forced defense as discussed above (Article 49 paragraph (1) of the Criminal Code). Second, there must be great mental turmoil as a result of the attack causing a forced defense that goes too far. Based on the formulation of Article 49 paragraph (2) of the Criminal Code The purpose of this research is to find out and discuss protection, the rights of victims who are subject to criminal sanctions by judges and an analysis of the decisions given by judges in the case study case Number 1/Pid.Sus-Anak/2020/PN kpn. The writing of this law uses a normative juridical research method, the type of data used is secondary data, the approach method used is a statutory approach, and data analysis uses qualitative analysis to determine protection for victims of wiretapping.
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Open Access
Corporate Social Responsibility Berdasarkan Pendekatan Economic Analysis Of Law
Abstract
Corporate Social Responsibility (CSR) or in Article 1 number 3 of the Company Law is referred to as Social and Environmental Responsibility, which aims to develop the local community or society in general. Furthermore, the regulation regarding CSR is regulated again in Article 74 paragraph (1), which stipulates that only PTs engaged in or related to natural resources are required to carry out CSR. This raises a consequence, that PTs that are not active or related to natural resources are not required to carry out CSR. The CSR arrangements in Article 74 paragraph (1) then become inconsistent with the 3rd paragraph of the Preamble to the 1945 Constitution of the Republic of Indonesia which talks about welfare and prosperity and is also inconsistent with the 5th precept of Pancasila which talks about social justice for all. people of Indonesia. The formulation of the problem in this thesis is why there are differences in CSR obligations for companies engaged in or related to natural resources and companies that are not engaged in or related to natural resources, and How is the application of EAL to CSR arrangements is in the Company Law. This research is normative legal research with a conceptual approach and a statutory approach. The data used is secondary data in the form of primary legal materials: the 1945 Constitution of the Republic of Indonesia, Law Number 40 of 2007 concerning Limited Liability Companies, Law Number 32 of 2009 concerning Environmental Protection and Management, Law Number 12 of 2011 concerning the Formation of Legislation, while secondary legal materials are obtained from books, journals, theses, and other literature. From the results of the study, it was concluded that the provisions referred to in Article 74 paragraph (1) which only require PTs engaged in or related to natural resources to carry out CSR are inconsistent with the goals of the state as stipulated in the Preamble of the 1945 Constitution of the Republic of Indonesia, paragraph 3 regarding welfare. and prosperity, as well as being inconsistent with the 5th precept of Pancasila, therefore there must be an amendment to the article, making it obligatory for all or all PTs to carry out CSR. Then because the law exists for humans and not vice versa, the law must provide maximum benefits for humans, through its regulations using basic concepts of economics, to produce laws that are useful, efficient, valuable, and rational.
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Open Access
TINJAUAN NORMATIF TERHADAP KEKERASAN ANAK YANG DILAKUKAN OLEH ORANG TUA
Abstract
This study examines legal protection for children by parents under Indonesian law, in line with the Convention on the Rights of the Child (Presidential Decree No. 36 of 1990), and the application of restorative justice in parental criminal child abuse cases. Utilizing normative juridical research with secondary data, guided by legal certainty and the philosophy of justice, the findings indicate that violence against children is a crime under Article 80 of the UUPA, with parental responsibility increasing the penalty by one-third. While Restorative Justice aims for restoration, its application is limited and deemed unsuitable for violent crimes against children by parents, who have a primary duty of protection. The suggestion is for legal officials to optimally enforce Law Number 23 of 2002 concerning Child Protection to ensure the implementation of its legal threats.
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Open Access
Pertanggungjawaban Pidana Penebangan Liar Wilayah XXX (Nomor Putusan : Nomor XXX/XXXX/XXXX/XXXX)
Abstract
Illegal logging in the Pasangkayu region of West Sulawesi has become a serious threat to forest sustainability. Forests, vital for ecosystems and human livelihood, are often exploited irresponsibly for personal gain, such as agriculture or timber sales. Based on Law Number 18 of 2013 concerning Prevention and Eradication of Forest Destruction, particularly Article 82, individuals involved in illegal logging can be held criminally liable if they meet the elements of a criminal act (actus reus) and criminal intent (mens rea). This study uses a normative juridical approach with descriptive analysis to examine legal accountability. In the Pasangkayu case, the perpetrators were proven guilty of illegal logging, with no grounds for justification or excuse. The court confiscated key evidence, including 280 pieces of timber, a timber transport vehicle, a saw, and a Toyota Land Cruiser. Criminal liability is imposed when the unlawful act is committed intentionally, and the perpetrator is aware that their actions violate the law. Therefore, legal enforcement must ensure that all elements of the offense are fulfilled to impose appropriate sanctions and deter future violations.
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Open Access
PELAKSANAAN PRINSIP TANGGUNG JAWAB TERBATAS DIREKSI ATAS UTANG PAJAK PERSEROAN DALAM PUTUSAN MAHKAMAH KONSTITUSI NOMOR 41/PUU-XVIII/2020
Abstract
Insolvent verdict that given to the company makes the company lose its legal status so that the Board of Directors no longer has the right to manage the company, as well as their obligations. Taxes are payable at the time of transaction and taxes have a special nature in the form of prior rights to be paid even when the company is insolvency and the company's assets are not sufficient to pay off these obligations. The objective of this study is how the application of Director limited liability on the Limited Liability Company and how is the certainty of Director limited liability on the Decision of the Constitutional Court of the Republic of Indonesia Number. 41/PUU-XVIII/2020? The research method used is qualitative, with a statutory approach, and data collection is carried out through case studies. The data used are secondary data in the form of primary legal materials: decisions of the Constitutional Court, the Law on Limited Liability Companies, the Insolvency Law and Tax Law, while secondary legal materials are obtained from books and other literature, tertiary legal materials in the form of dictionaries, then the collected legal materials were compiled and analyzed.The results of this study indicate that even though the company has been declared insolvent, if the tax payable existed before the insolvency condition, the Directors at that time are still responsible to paid even to their personal assets.
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Open Access
Pemenuhan Royalti dan Perlindungan Hukum Hak Cipta Lagu yang Diplagiat di YouTube
Abstract
After a creation is realized in a tangible form without reducing restrictions in accordance with statutory provisions, copyright is the exclusive right of the creator that automatically arises based on the declarative principle. As the creator's economic rights, they are entitled to compensation in the form of royalties. LMKN handles the distribution, collection, and withdrawal of royalties. This study employs normative legal research, which is backed up by empirical research. The statutory approach is the one that is taken. This study draws on primary, secondary, and tertiary legal sources for its legal sources. Interviews and library techniques are utilized for data collection. In order to safeguard copyrighted songs and music, legislation such as Law No. 28 of 2014, Law No. 19 of 2002, and Government Regulation No. 56 of 2021 pertaining to the Management of Song and/or Music Copyright Royalties were enacted.
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Open Access
POLITICAL WILL PEMERINTAH INDONESIA DALAM PEMBENTUKAN OMNIBUS LAW DAN ANALISA DAMPAK UNDANG-UNDANG CIPTA KERJA TERHADAP PENGUSAHA DAN PEKERJA
Abstract
President of the Republic of Indonesia Joko Widodo in his inauguration speech on October 20, 2019, stated his plan regarding the formulation of the Omnibus Law with the DPR. Several important points are the main reasons for the problems in the preparation of this law. Some of the points of the problem are regarding employee rights such as the deduction of severance pay to workers who are subject to termination by the company, the abolition of maternity leave and so on. Therefore, many workers / laborers and some elements of society reject the existence of this Job Creation Bill. This shows that there is a dynamic in the formation of the Omnibus Law or the Job Creation Law, be it formal or material rejection. The formulation of the problem in this research is (1) What is the basis for the Indonesian government to make changes to labor regulations in the Job Creation Law? and (2) What is the impact of changes to labor regulations in the Job Creation Law on employers and workers/workers with work relations? The research used is normative research (normative juridical) or also called doctrinal research, also referred to as literature research or document study research. From the results of the research, the problem of the Job Creation Law is also highlighted because it is considered that in its formation stage, it is considered not to heed the aspirations and participation of the community as mandated in Article 96 of Law Number 15 of 2019 concerning the Establishment of Laws and Regulations. The weakness of the Job Creation Law, in regulating the normative rights of labor compared to Law Number 13 of 2003 is that the Job Creation Law is very detrimental to workers / laborers because there are many articles that eliminate each other's articles, working time and overtime are longer, vacation time minus the minimum wage is lost, the wage calculation changes, the Wage for Menstrual and Maternity Leave will be lost, long leave is gone, unilateral layoffs are eased, severance pay is reduced.
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Open Access
PERLINDUNGAN KONSUMEN PADA TRANSAKSI E-COMMERCE DALAM PERSPEKTIF AZAS KEBEBASAN BERKONTRAK
Abstract
Another impact of the development of information technology and the internet is the rise of online trading or what is commonly referred to as an electronic commerce (E-commerce), which is a business or trading activity that utilizes computer or internet networks, involving buyers or consumers as well as manufacturing service providers. and intermediary traders as well as covering the whole spectrum of commercial activities. The research methodology used by the author is normative juridical which is descriptive in nature, to find out how the protection and legal standing of the parties in e-commerce transactions in the perspective of the principle of freedom of contract. In order to guarantee legal certainty for consumer protection, it is necessary to regulate the online transaction process. Because negatively, the spectacular development of electronic transactions can be explained by the fact that such transactions give rise to unequal bargaining power between business actors and consumers.
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Open Access
Perlindungan Hukum Terhadap Korban Pornrografi Balas Dendam (Revenge Porn) Di Media Sosial (Studi Putusan Nomor 217/Pid.Sus/2021/Pn Dmk.)
Abstract
The background of this research problem is to analyze the legal protection for victims of revenge porn. Revenge porn includes online sexual violence aimed at revenge. The perpetrator is usually a former lover who takes revenge by spreading the content of the victim's sexual content without consent. The impact given to victims is very bad for mental and psychological health. The research method used is normative legal method with a legal and case approach. Data collection techniques using literature search. Primary, secondary, and tertiary data. By analyzing the Criminal Code, Law No. 44/2008 concerning Pornography, Law No. 19/2016 amended Law No. 11/2008, Law No. 1/2023 concerning the Criminal Code, Law No. 12/2022 and Decision No. 217/PID.SUS/2021/PN DMK which can be used as a basis for analysis of revenge pornography crimes The results of this study provide an analysis of how legal protection for victims of revenge pornography has not fully protected victims both immaterially in the form of restitution, rehabilitation and compensation. This should be of concern to victims because legal protection is a human right.
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Open Access
PENATAAN PERATURAN PERUNDANG-UNDANGAN JAMINAN SOSIAL KETENAGAKERJAAN PADA ERA SOCIETY 5.0
Abstract
The formulation of the problem in this thesis are 1) how is the implementation of the employment social security program according to statutory provisions, and 2) how is the arrangement of employment social security legislation in the Society 5.0 era as a result of the issuance of the Job Creation Law and the P2SK Law. This research is normative legal research with a statutory and conceptual approach. From the results of this study it can be concluded that the implementation of the employment social security program regulated in the SJSN Law and the BPJS Law is the basis for carrying out the mandate of the 1945 Constitution, especially Article 28H Paragraph (3) and Article 34 Paragraph (2), which shows that the state is committed to creating and promote the general welfare. In the concept of a rule of law, especially a formal rule of law state, state intervention in the pursuit of public welfare is realized by the effective and efficient implementation of social security for all citizens, although there are still deficiencies in its implementation as per the results of various studies and evaluations by the competent authorities. For legal certainty, it is necessary to structuring employment social security laws and regulations which can be carried out by 1) Structuring the types, hierarchy and content material of laws and regulations related to the mandate of the P2SK Law and the Job Creation Law related to the JHT program, harmonization of the Pension Program, and cut-loss arrangements as well reduction in investment value, as well as the implementation of the Constitutional Court's decision regarding program transfer and program implementation by BPJS and 2) Structuring the substance of laws and regulations related to evaluating retirement age, adjusting the amount of pension security contributions, and optimizing regulations for implementing Presidential Instruction Number 2 of 2021.
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Open Access
TINJAUAN YURIDIS TERHADAP PENDAFTARAN MEREK CITAYAM FASHION WEEK MENURUT UNDANG-UNDANG MEREK & INDIKASI GEOGRAFIS
Abstract
The registration of the rights to the Citayam Fashion Week brand by famous artist XXXX sparked a public reaction that considered it immoral, because he was not the one who popularized the Citayam Fashion Week brand. The purpose of this study is to examine who has the right to the Citayam Fashion Week brand according to law number 20 of 2016 concerning trademarks and geographical indications, and whether the registration carried out by XXXX is in accordance with the provisions of the First To File system in trademark registration regulated in the Trademark Law. The research method used in this study is normative juridical, namely research by examining the sources of primary, secondary and tertiary legal materials. The results of the author's research are based on the Trademark Law, subjects entitled to trademarks are subjects who first registered trademark rights with the Ministry of Justice and Human Rights.XXXX's actions in registering the Citayam Fashion Week mark are in accordance with the provisions of the first registrant system or First To File, and do not violate the provisions concerning marks that cannot be registered and rejected as stipulated in Law Number 20 of 2016 on Marks and Geographical Indications, and therefore XXXX has the right to register the Citayam Fashion Week brand.
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Open Access
ANALISIS YURIDIS PERBANDINGAN SISTEM PROPORSIONAL TERTUTUP DAN PROPORSIONAL TERBUKA DALAM PEMILU LEGISLATIF
Abstract
This study compares Indonesia's parliamentary elections using open and closed proportional voting methods. Closed proportional systems only let voters choose political parties, not specific individuals; open proportional systems let voters choose individual candidates from party lists. The aim of this analysis is to assess the strengths and weaknesses of each system in terms of democracy, representation, and government effectiveness. The research finds that the open-list proportional system offers benefits in terms of individual representation and the accountability of elected officials to voters. Voters have the opportunity to select candidates they consider competent and aligned with their aspirations. However, this system also tends to increase party fragmentation and campaign costs. Conversely, the closed-list proportional system grants greater power to political parties in determining elected representatives, which can reduce individual representation but enhance party stability and campaign efficiency. In conclusion, both systems have strengths and weaknesses that need to be considered within Indonesia's political and social context. The open-list proportional system supports voter participation and accountability of elected officials, while the closed-list proportional system favors political stability and efficiency. Choosing the ideal electoral system requires balancing individual representation and political stability in line with Indonesia's democratic dynamics.
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Open Access
ANALISIS YURIDIS PERBUATAN WANPRESTASI OLEH DEVELOPER TERHADAP KONSUMEN PROPERTY (Studi Kasus : Putusan MA Nomor XXX/XXXX/XXXX/XXXX)
Abstract
Housing construction is increasingly common, with developers promoting properties before completion. However, many developers engage in bad faith, misleading consumers by selling land that is not a freehold title (Tanah Girik), but claiming it is. This unethical practice arises from developers prioritizing quick profits over long-term consequences. This thesis addresses the responsibilities of developers who default on property agreements and the legal remedies available to consumers. The research method used is normative legal research with a case approach, relying on secondary data such as primary legal materials (legislation and judicial decisions), secondary materials (expert opinions), and tertiary materials (legal dictionaries, journals, and encyclopedias).The study reveals that developers who fail to meet the promises made during property promotion can be criminally charged under Article 8, paragraph (1) letter f of Law No. 8 of 1999 on Consumer Protection. Additionally, developers who violate agreed-upon housing specifications can face penalties under Article 134 in conjunction with Article 151 of Law No. 1 of 2011 on Housing and Residential Areas, which imposes fines up to IDR 5 billion.
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Open Access
PERAN OTORITAS JASA KEUANGAN TERHADAP PERLINDUNGAN DAN PENANGGULANGAN PENYALAHGUNAAN DATA PRIBADI SEBAGAI UPAYA PERLINDUNGAN HUKUM PENGGUNA LAYANAN FINTECH
Abstract
Indonesia is a country that is open to the development of the times which is currently moving towards the digital era quite well. Along with the times, community activities will not be separated from the help of technology. Advances in information technology and financial innovation have created a highly complex, dynamic and interrelated financial system. In order for community activities to remain under supervision and protection, the Financial Services Authority (OJK) was formed as an independent state institution engaged in the financial sector. The role of the OJK in this case is to provide oversight of Financial Technology companies, especially online loan applications, which are currently abusing consumers' personal data when making financial transactions online, of course this is against POJK regulation Number 10 of 2022. Fintech companies are prohibited from abusing consumer personal data. This study aims to find out how the regulation and form of legal protection for personal data in Indonesia and how big the role of OJK as an independent institution is to provide protection and supervision. This study uses a normative juridical research method consisting of primary legal material in the form of legislation, secondary legal material in the form of relevant journals or research, tertiary legal material in the form of non-legal material relevant to this writing. Regulations for personal data protection in Indonesia when there is no specific rule governing the handling of personal data, until now the rules regarding personal data are still separate in several laws and regulations, the form of consumer protection in online loan applications is regulated in POJK Number 10 of 2022 However, this regulation does not yet provide detailed protection to consumers, only providing sanctions against Fintech companies that misuse personal data in the form of suspension or revocation of business licenses. The role of OJK as an independent state institution in protecting consumers' personal data can only follow up on complaints from consumers to Fintech companies that are officially registered with the Financial Services Authority.
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Open Access
PENEGAKAN HUKUM TINDAK PIDANA KEKERASAN MENGAKIBATKAN KEMATIAN YANG DILAKUKAN OLEH ANAK DI BAWAH UMUR (STUDI PUTUSAN PN SENGETI Nomor 1/Pid.Sus-Anak/2022/PN Snt)
Abstract
There are more and more criminal acts committed by minors, one of which is violent crimes that result in death. This is what led the author to conduct research on several issues that can be raised regarding the reality of legal sanctions imposed on children and the application of criminal sanctions for child defendants in the judgments handed down by the Judge. The type of research used in this writing is normative juridical research with a statutory approach and a case approach, which is supported by data obtained from literature data including books, laws and regulations, and Court Decisions. The discussion in this Law Writing maps legal sanctions for violent criminal acts resulting in death committed by children from Law Number 1 of 2023 concerning the Criminal Code (KUHP) and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System and Law Number 35 of 2014 concerning Child Protection which in practice have differences of opinion and have implications for punishment. Based on the results of the study that the application of sanctions to children perpetrators of violent crimes that result in death in the Sengeti District Court Decision Number: 1 / Pid.sus-Anak / 2022 / PN.Snt is to apply prison sanctions and job training to children.