Journal & Issues
- Journal Details
- Format
- Journal
- eISSN
- 2620-9837
- Published
- 04/02/2024
- Languages
- English
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Open Access
ANALISIS YURIDIS PENERAPAN SANKSI PIDANA MATI BAGI PELAKU TINDAK PIDANA PELECEHAN SEKSUAL ANAK DIBAWAH UMUR DAN PEMBEBANAN RESTITUSI KEPADA TERDAKWA
Abstract
Sexual Harassment Crime occurs and is experienced by anyone and minors. Sexual harassment is an act that is really not worth doing because it will have very long-term impacts such as trauma that will be brought to death and also harm the victim's family. Sexual Harassment can be committed by anyone, including Islamic boarding school teachers as stated in Decision No. 86/Pid.sus/2022/PT.Bdg, the research method to be used is based on the author's analysis in imposing the sentence that should be decided. A pesantren teacher who has sexually abused 13 children under the age of this victim is very cruel and indecent treatment for an educated pesantren teacher, therefore the perpetrator must be held responsible for his actions with appropriate punishment.
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Open Access
PERLINDUNGAN HUKUM TERHADAP HAK-HAK TERSANGKA DALAM PROSES PENYIDIKAN TINDAK PIDANA DITINJAU DARI ASPEK HAK ASASI MANUSIA
Abstract
This research is based on legal errors committed by investigators against suspects who did not apply human rights values, where there were forms of torture in the form of beatings, kicking, electric shocks, and other forms of coercion to obtain information from suspects based on one of the case studies. number 131PK/Pid.Sus/2015, which also often happens to several people who are suspects in the criminal investigation process. This research raises a problem formulation related to legal protection of suspects' rights and obstacles in implementing legal protection in the criminal investigation process in terms of human rights. The research method used in this writing is normative legal research with a statutory approach and a case approach, namely analyzing one case with case decision number 131PK/Pid.Sus/2015. The collection of legal materials is carried out by means of literature study and the legal sources used are primary, secondary and tertiary legal materials. Based on this research, the results obtained were that in the case with case decision number 131PK/Pid.Sus/2015, in the implementation of legal processes in accordance with Human Rights (HAM), an error was found, namely that repressive actions were still taking place against the suspect, even though according to the regulations Human rights are clear and strictly adhered.
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Open Access
PROGRAM JAMINAN KEHILANGAN PEKERJAAN SEBAGAI UPAYA PERLINDUNGAN HUKUM BAGI PEKERJA/BURUH YANG MENGALAMI PEMUTUSAN HUBUNGAN KERJA DI INDONESIA
Abstract
The employment sector is an important element in realizing a legal state and a welfare state. This is because the employment sector is directly related to economic growth and human resources in Indonesia. If economic growth improves, the level of welfare of citizens can be realized easily. This research is limited to the regulation of the job loss guarantee program as a legal protection measure for workers/laborers who experience layoffs in Indonesia and the implementation of the job loss guarantee program as a legal protection measure for workers/laborers who experience layoffs in Indonesia. The type of research chosen by the author is library legal research. The theories used are the Legal Protection Theory and the Legal Benefit Theory. To realize the existence of a welfare state, significant review and changes are needed in terms of the regulation of the JKP program and significant improvements are needed in the implementation of the JKP program so that the goal of legal protection for workers/laborers who have lost their jobs or experienced layoffs in Indonesia can be achieved and realized.
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Open Access
EFEKTIVITAS PENEGAKAN HUKUM TERHADAP TINDAK PIDANA PERJUDIAN ONLINE (STUDI: KELURAHAN SUDIMARA JAYA CILEDUG)
Abstract
The development of information technology has influenced various aspects of life, including the emergence of online gambling which can be accessed via smart devices. Online gambling offers flexibility in time and place, but also has negative impacts such as cybercrime. In the formulation of the problem in this research is whether the people of Sudimara Jaya Ciledug Village, Tangerang City know that online gambling is an act that is prohibited in Indonesia, and whether they are aware of the threat of criminal penalties and fines for online gambling perpetrators. This research is empirical juridical research carried out by examining applicable legal provisions and what has occurred in people's lives. The data used is primary data obtained directly from the parties who are research subjects through questionnaires, as well as secondary data obtained through literature study, which includes books on law, books that are in accordance with the material for this research and statutory regulations. From the research results, it can be concluded that even though online gambling is detrimental and continues to increase, public knowledge and awareness about legal prohibitions and sanctions is still low. The survey showed that 78% of respondents did not know about the prohibition on online gambling in Indonesia and while only 22% knew, the same thing, 78% of people's legal awareness was not aware of criminal penalties and fines, the remaining 22% were aware of the penalties for online gambling perpetrators.
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Open Access
ANALISIS HUKUM TERHADAP PENERAPAN JUSTICE COLLABORATOR DALAM TINDAK PIDANA NARKOTIKA DI INDONESIA
Abstract
In Indonesia, law enforcers currently have productive steps to process a criminal offense, namely by involving the role of perpetrators who work together as justice collaborators. The advantage of applying this Justice collaborator is shorter case solving, minimizing the possibility of abandoned cases and to provide protection for perpetrator witnesses who play an important role in uncovering organized crime. The formulation of the problem in this study is how the provisions of the Justice Collaborator regulation in Narcotics Crimes, how is the legal protection for Justice collaborators in Narcotics Crimes in Indonesia. The research used is normative law. normative is research conducted or aimed at written regulations or legal materials through library research or through document studies. Normative legal research is aimed at obtaining objective law. From the results of this research, it can be concluded that (justice collaborator) in terms of its application it is not regulated in Indonesian law, but in practice the application of criminal law is starting to be regulated in positive law in Indonesia through the ratification of laws originating from international documents, legal protection, in particular justice collabolator which helps resolve cases that are being enforced by law enforcers, especially in cases of narcotics crimes, in this case protection of the justice collaborator's sense of security in the form of protection for themselves.
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Open Access
ANALISIS HUKUM TEHADAP HAK ROYALTI PENCIPTA LAGU YANG DINYANYIKAN ULANG (COVER SONG) DI PLATFORM YOUTUBE
Abstract
The globalization era has driven rapid growth in information technology and digital platforms, significantly impacting the music industry. YouTube has become a major platform where users upload musical content, including song covers—re-performances of previously released songs by other artists. This practice raises legal concerns, particularly regarding the rights and royalties of original songwriters. A song cover involves reproducing a work that is protected by copyright law. This research applies normative legal methods with a statutory approach, using secondary data such as primary legal sources: Law No. 28 of 2014 on Copyright, Law No. 11 of 2008 on Electronic Information and Transactions, and YouTube's Terms of Service. The findings highlight the importance of balancing freedom of expression with copyright protection. While covering songs may be a form of creativity, YouTube users must adhere to legal requirements. This includes obtaining permission from copyright holders or selecting royalty-free licensed songs to avoid legal violations. Proper awareness and compliance with copyright laws are essential to protect both creators and users in the digital music landscape.
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Open Access
PENGATURAN PEKERJAAN ALIH DAYA PASCA BERLAKUNYA UNDANG-UNDANG NOMOR 6 TAHUN 2023
Abstract
Hardly any company can sustain its competitiveness amid the rapid shift in the global economy by relying solely on its own resources. Supposition is a good alternative to the highly competitive situation. No company can afford to stimulate the level of investment it needs to make all of its operations the most efficient in the world. The formulation of the problem in this thesis are why the job creation law doesn’t set about the type of empowered jobs where previous laws govern about it and, how it implemented legal protection for outsourced workers. This research is an empirical law study. The data used is the primary data. A data-gathering technique using a source interview. Analyze the data as quantitative, analyzing the facts gleaned from the interviews. The result of this research could be concluded that the reason for the nonsustainable nature of the job creation law relating to business relations should be governed by by-laws of the sector outside of the by-laws of employment. The implementation of legal protection against the power of labor are protection of outsourcing workers’rights, protection of child labor, for the disabled, of safety and health of the work, of labor security, and of wages.
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Open Access
ANALISIS IMPLIKASI HUKUM PELANGGARAN HAK PRIVASI DI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG NOMOR 1 TAHUN 2024 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK
Abstract
Rapid technological advancements have significantly changed various aspects of society, especially through the development of information and communication technology. Social media makes it easy for individuals to communicate and share information, but this convenience also increases the risk of privacy violations. Privacy violations occur when personal data is misused or disseminated without consent, infringing on an individual’s right to privacy and potentially leading to criminal acts. This thesis uses a normative juridical method, with data collected through literature studies. The role of the government is crucial in addressing privacy violations on social media. However, public participation is also needed to support prevention efforts. Individuals or corporations that violate privacy rights can be held criminally responsible for their actions. Legal accountability for such violations is based on Indonesia’s Criminal Code (KUHP) and Law No. 19 of 2016 concerning Information and Electronic Transactions (ITE Law). These laws provide a legal foundation for prosecuting those who misuse personal data and ensuring the protection of citizens' privacy in the digital age.
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Open Access
UNSUR-UNSUR TINDAK PIDANA KORUPSI DANA DESA PADA PASAL 2 DAN PASAL 3 UNDANG-UNDANG TINDAK PIDANA KORUPSI
Abstract
The components of corruption crimes are regulated in Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the Eradication of Corruption Crimes, especially in the provisions of Articles 2 and 3. According to the Decision of the Constitutional Court of the Republic of Indonesia Number 25/PUU-XIV/2016, the term "may" in Law Number 31 of 1999 jo. Law Number 20 of 2001 concerning the Eradication of Corruption Crimes does not have binding legal force because contrary to the 1945 Constitution of the Republic of Indonesia. Therefore, Article 2 Paragraph (1) and Article 3 of the Corruption Law became a material rather than formal offense after the Constitutional Court's decision. In addition, the author also formulates problems related to the prosecutor's indictment that uses the provisions of Article 2 Paragraph (1) of the Corruption Law to the defendant who is a village head whether it is appropriate to use the provisions of the article.
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Open Access
ANALISIS YURIDIS KEDUDUKAN SITA UMUM YANG DILAKUKAN KURATOR TERHADAP SITA PIDANA DALAM PEMBERESAN BOEDEL PAILIT
Abstract
Civil Law and Criminal Law are 2 (two) branches of law whose rules often intersect, one of which is regarding the rules of confiscation. Confiscation in the Criminal Law can intersect with General Confiscation in Bankruptcy when an object confiscated is part of the bankruptcy boedel regulated in the PKPU Law. Article 39 paragraph (2) of the Criminal Procedure Code gives legitimacy to investigators to carry out the confiscation of objects that are under general confiscation even though Article 31 paragraph (1) of the PKPU Law states that all determinations of the implementation of the court on the debtor's assets that have started before bankruptcy must be stopped immediately. The main problems in this study are 1) How to apply general confiscation to bankruptcy assets placed in criminal confiscation by investigators? 2) How is the implementation of the curator's authority in the settlement of bankruptcy assets placed in criminal confiscation?. This research is a normative juridicial research with a statutory approach method by examining all related laws and regulations. Based on the research conducted, it was found that the exercise of the authority of curators and investigators over general confiscation of bankruptcy and criminal confiscation is sourced from the applicable laws and regulations so that both have authority. If there is conflict between the two, the position of this criminal confiscation must precede the general seizure of bankruptcy in the public interest because it is only temporary before the property is returned to the Debtor (in this case, the Curators) for settlement.
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Open Access
TINJAUAN HUKUM BAGI PELAKU TINDAK PIDANA PORNOGRAFI BERDASARKAN UNDANG - UNDANG INFORMASI DAN TRANSAKSI ELEKTRONIK
Abstract
Criminal law is very important in regulating crimes committed through various types and tactics. The Criminal Code must be the appropriate way to execute criminals. Several types of criminal acts include pornography which is regulated in Law Number 44 of 2008 and ITE which is regulated in Law Number 19 of 2016. The research method in this thesis uses legal research methods, especially normative juridical methods, while the research approach technique uses legal research techniques. Legal sources come from legal studies using primary, secondary and tertiary legal texts. Techniques for collecting legal resources through the study of relevant literature to resolve these difficulties. Based on research findings, law enforcement should target perpetrators of criminal acts of pornography based on Law Number 44 of 2008 and its distribution through electronic media based on Law Number 19 of 2016.
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Open Access
Pertimbangan Hukum Hakim dan Perlindungan Korban Penipuan Jual Beli Online di Facebook
Abstract
This article analyses the judge's considerations in Batang District Court Decision Number 6/Pid.Sus/2021/PN.BTG regarding sentencing perpetrators and providing legal protection for victims of online transaction fraud on Facebook. Employing a normative juridical research method with statutory and case approaches, this study utilizes primary legal data (including the 1945 Constitution, Criminal Code, Criminal Procedure Code, Witness and Victim Protection Law, Judicial Authority Law, and the Electronic Information and Transactions Law) alongside secondary and tertiary legal materials to underscore the crucial role of judicial deliberation in achieving just and legally certain outcomes for victims of online fraud.
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Open Access
PRODUK CACAT TERSEMBUNYI DALAM TRANSAKSI PEMBELIAN MOBIL
Abstract
This study aims to analyze the application of the rules regarding hidden defects in the consideration of judges in case No. 193/PDT/G/2019/PN. Jkt.Utr and assess its suitability with the provisions of the Civil Code (KUHPerdata). In addition, this research also explores the reasons why the judge excluded Defendant II and Defendant III from the lawsuit in the case. The type of research used is normative juridical, often referred to as library research. This method is carried out by examining library materials, including books, journals, official articles, legal doctrines, legal theories from various literatures, as well as applicable laws and regulations. The results showed that there were several discrepancies between the application of the hidden defect regulation by the judge and the provisions stipulated in the Civil Code, which had implications for consumer protection and legal certainty. In addition, the judge's reasoning for excluding Defendant II and Defendant III from the lawsuit needs to be further examined to ensure fairness and conformity with applicable legal principles. Based on these findings, this research provides recommendations for the improvement of legal practice in the application of hidden defect regulations, as well as strengthening consumer protection and ensuring legal certainty.
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Open Access
ANALISIS YURIDIS TERHADAP PENYELESAIAN PERSELISIHAN HUBUNGAN INDUSTRIAL KARENA PEMUTUSAN HUBUNGAN KERJA OLEH PERUSAHAAN
Abstract
Abstracts In employment relations, disputes often arise between workers and employers. One of the main problems in resolving employment termination disputes is termination of employment without giving workers their rights. This thesis discusses this problem from the perspective of the Employment Law and the Job Creation Law in order to look at the legal norms for resolving employment relationship disputes, and how to resolve the termination of employment relations for workers in Decision Number 44/Pdt.Sus PHI/2023/PN.Jkt.Pst. jo. Cassation Decision Number 95 K/Pdt.Sus-PHI/2024. This research is normative legal research with a statutory approach and a case approach using secondary data, namely in the form of literature related to legal issues and problems regarding the resolution of industrial relations disputes due to termination of employment relations and also using primary legal materials, namely regulations. laws related to this issue and Court Decisions. From the results of this research, it can be concluded that clear regulations and consistent law enforcement provide legal certainty for workers and employers to ensure that trust in the employment law system is maintained. Judges' decisions must also consider rights and ensure that wages are not paid to workers. To achieve the goal of legal protection, the government must be careful in making decisions and resolving disputes based on applicable laws and regulations.
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Open Access
ANALISIS HUKUM PENYELESAIAN KONFLIK MAFIA TANAH DI DAERAH PESANGGERAHAN JAKARTA SELATAN
Abstract
Indonesia's agrarian regulations regulate natural resources such as land, water and space, in accordance with Law No. 5/1960 and Law No. 24/1992, which define Indonesia as a unit including land, sea and air. MPR Decree IX/2001 expanded the definition of agrarian to include all natural resources, aiming for fair and optimal management for the current and future welfare of society, emphasizing social and economic justice. The term "land mafia" is used to refer to individuals or groups involved in land crimes such as fraud or embezzlement for financial gain. Although not yet officially recognized in Indonesian legislation, the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency adopted the term in its Technical Guidelines for the Prevention and Eradication of Land Mafia. This phenomenon often involves parties that hinder the resolution of land cases and harm the state and society. Firm policies and strong law enforcement are needed, including increased transparency and accountability in land transactions, as well as the application of severe sanctions for land-related offenses. Land disputes are disputes over claims to ownership, use or boundaries of land, involving multiple parties and often requiring a fair and comprehensive legal approach through mediation, arbitration or litigation to seek resolution.
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Open Access
KUITANSI SEBAGAI DOKUMEN PEMBUKTIAN JUAL BELI TANAH
Abstract
Land sale and purchase must be done in front of a PPAT and proven by a Sale and Purchase Deed (AJB) to provide legal certainty. However, the practice of buying and selling land under the hands with receipts is still common because the process is simpler even though it is legally risky. The formulation of the problem in this thesis is whether the proof of sale and purchase of land based on receipts can be said to be valid according to the law and whether the Judge's consideration in deciding Case No. 217/Pdt.G/2022/PN PBR is in accordance with applicable legal provisions. This research is a normative legal research with a case approach. The data used is secondary data in the form of primary legal materials: Civil Code, Law Number 5 of 1960 on Basic Agrarian Principles, Government Regulation Number 24 of 1997 on Land Registration, Government Regulation Number 34 of 1998 on the Regulation of the Position of Land Deed Officials and Supreme Court Circular Letter (SEMA) Number 4 of 2016 on the Enforcement of the Formulation of the Results of the 2016 Plenary Meeting of the Supreme Court Chamber, while primary legal materials are obtained from books, journals and so on, tertiary legal materials in the form of dictionaries and internet searches, then the collected legal materials are compiled and analysed. From the results of this research, it can be concluded that the sale and purchase of land with receipts can be considered valid according to the law in several circumstances, in accordance with Article 37 Paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration. In addition, the judge's decision in the case of Pekanbaru District Court Decision Number 217/Pdt.G/2022/PN Pbr was correct. Although the land sale and purchase transaction between the Plaintiff (Dian Haryani) and the Defendant (Dewi Bungsu) was conducted under the hand and did not involve a Land Deed Official (PPAT), the judge considered the good faith of the Plaintiff who had paid off the land price.
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Open Access
PELINDUNGAN HUKUM TERHADAP PENCIPTA KOMIK DIGITAL (WEBTOON)
Abstract
The development of science and technology over time has been changed significantly. These significant developments have also led creators to create copyrighted works in digital form, including digital comics on the webtoon platform, digital comics on webtoon circulating without permission on illegal websites. This study aims to discuss the legal protection of creators of digital comics (webtoon), stating about copyright arrangements in digital comics and legal protection of copyright in digital comics (webtoon) in practice. This research uses normative juridical legal research methods with a statutory approach (the statue approach). From the results of this study it is concluded that copyright protection is given to copyrighted works which are then given exclusive rights to the creator as the copyright holder. Copyright infringement of digital comics such as piracy, duplication, translation, and distribution have legal consequences that have been regulated in Law Number 28 of 2014 concerning Copyright and other regulations related to copyright in digital comics.
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Open Access
PERTANGGUNG JAWABAN PIDANA PENGEMUDI DAN PERUSAHAAN ANGKUTAN UMUM DALAM KECELAKAAN LALU LINTAS YANG MENIMBULKAN KORBAN LUKA DAN MENINGGAL DUNIA
Abstract
Definition of Driver (driver) is an individual who transports goods or people using four (4) or more wheeled vehicles. Several factors influence driving, namely psychological factors which include mental factors, attitudes, knowledge and skills as well as physiological factors which include visual, hearing, touch, smell, fatigue and neurological. The definition of a traffic accident is an unexpected and unintentional road event involving a vehicle with or without other road users which results in human casualties and/or property loss (Article 1 point 24 of Law No. 22 of 2009 concerning Road Traffic and Transportation). Criminal responsibility is the obligation of a person or group to pay compensation for actions committed against other people that harm other people's interests and violate established legal norms. If a driver is negligent in driving and causes an accident that results in loss of life (negligence), then he may be subject to criminal penalties as regulated in Article 310 paragraph (4) of Law no. 22 of 2009 concerning Road Traffic and Transportation and the responsibility of a company for accidents caused by its drivers is regulated in Article 1367 of the Civil Code. The aim of this research is to find out and discuss the protection and rights of victims who experience traffic accidents according to Law No. 22 of 2009 concerning Road Traffic and Transportation. Legal writing uses normative juridical research methods, the type of data used is secondary data, the approach method used is the statute approach.
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Open Access
ANALISIS HUKUM TERHADAP KEDUDUKAN LANDING RIGHT SATELIT TELEKOMUNIKASI KOMERSIAL ASING DALAM PENDAFTARAN SATELIT DI INDONESIA DALAM HUKUM KEANTARIKSAAN
Abstract
Telecommunications providers in Indonesia have the opportunity to use foreign telecommunications satellites as their business media. The use of foreign telecommunications satellites can be used if the telecommunications provider uses the landing right. This relationship creates a difference in the position of each party, in the perspective of the party requiring the satellite as a telecommunications provider and the satellite provider as a space provider. The difference in position will then have an effect on the legal responsibility of space, that only space providers are bound by the legal responsibility of space. The main problem in the study is limited to the position of foreign commercial telecommunications satellite providers with landing rights for commercial purposes in Indonesia and the responsibility of foreign commercial telecommunications satellite providers for their cooperation using landing rights with Indonesian telecommunications providers. This study uses the theory of pacta sunt servanda and strict liability as analytical tools in finding answers to existing problems. The research method used is the normative research method with secondary data using primary, secondary, and tertiary legal materials.
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Open Access
PROSES HUKUM TERHADAP PRAJURIT TNI YANG MELAKUKAN TINDAK PIDANA KORUPSI DITINJAU DARI UNDANG-UNDANG NO. 31 TAHUN 1997 TENTANG PERADILAN MILITER
Abstract
Greedy behavior, which reflects excessive dissatisfaction with the property rights of others, shows a lack of empathy and integrity. For example, someone takes someone else's rights just to benefit themselves, this creates bad and detrimental behavior. Corruption in everyday life includes several practices that are detrimental to society and detrimental to the state. In Law Number 31 of 1997 concerning Military Justice, it is the legal basis for TNI soldiers who commit various criminal acts, including corruption. According to this Law related to the Eradication of Corruption, Military punishment is a punishment given to TNI members who commit disciplinary violations or criminal crimes in accordance with the provisions regulated in the KUHPM. The military corruption case is an issue that attracts public attention. In its conclusion, a military court trial is a legal process carried out by a military court to try military members accused of committing criminal offenses. This process includes registering the case, summoning suspects and witnesses, reading the indictment, examining evidence and witnesses, responding and defending the suspect, and reading the charges and verdict. The provisions in the KUHPM regulate all these stages to ensure justice and transparency in military law enforcement. Military members who commit criminal acts of corruption can be prosecuted under the Military Criminal Code (KUHPM). The investigation process carried out by the Corruption Eradication Commission (KPK) can certainly use military investigators to collect evidence and information related to corruption cases involving members of the military. This is based on the duties and responsibilities of TNI soldiers, including being friendly, polite, protecting people's rights and helping the community.
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Open Access
PERLINDUNGAN HUKUM TERHADAP ANAK KORBAN KEKERASAN DALAM RUMAH TANGGA BERDASARKAN UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK
Abstract
Physical violence against children is one of the serious issues faced by many countries, including Indonesia. This phenomenon not only damages the child's physical well-being but also has long-term impacts on their mental health, social development, and future. According to data from the Indonesian Child Protection Commission (KPAI), the number of child abuse cases continues to increase every year. This situation indicates an urgent condition that needs to be addressed through a comprehensive approach. The rise in physical violence crimes against children is caused by various factors. First, economic factors and poverty often act as the main triggers. Families living below the poverty line tend to experience high levels of stress, which can lead to violence as a form of release. Second, the lack of education and awareness regarding children's rights and the impacts of physical violence also contribute to the high rates of violence. The research method employed in this study is a normative juridical research with a case study approach. This research is based on secondary data sources gathered through literature review of literary data, which were then analyzed using descriptive data analysis methods. The research findings indicate that child protection is a collective responsibility of parents, families, communities, and the government to ensure that children's rights are protected and fulfilled. Although regulations governing children's rights exist, their implementation in Indonesia remains suboptimal, as evidenced by numerous cases of rights violations that persist. Legal protection for children who are victims of domestic violence (DV) is stipulated in laws such as Law No. 23 of 2004 on the Elimination of Domestic Violence and Law No. 35 of 2014 on Child Protection, yet it faces various challenges in law enforcement, availability of support facilities, and public understanding. This legal protection includes preventive measures through regulation and education, curative actions through law enforcement and victim support, and rehabilitative efforts for the physical, psychological, and social recovery of child victims.
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Open Access
PENERAPAN SANKSI PIDANA KEPADA PELAKU VIDEO CALL SEX (VCS) DITINJAU DARI PERUNDANG- UNDANGAN DI INDONESIA
Abstract
The main issue of Video Call Sex in this research is regarding legal protection and legal certainty related to the enforcement of criminal sanctions against VCS perpetrators. The type of research used in this writing is normative jurisprudence with a statute approach, as well as using secondary data of primary, secondary, and tertiary legal materials. The research uses approaches from primary legal materials such as the Criminal Law Book, Law Number 1 of 2023, Law Number 44 of 2008 on Pornography, Law No. 11 of 2008 about Electronic Information and Transactions, Act No. 32 of 2002 on Broadcasting, Act Number 23 of 2002 about Child Protection, Secondary and Tertiary Legal Materials. Even though VCS are in the pornographic realm, it is said that the perpetrator was the person who distributed VCS. Then, criminal sanctions against the buyer in the context of selling this service can be attributed under Article 4 of the Pornography Act along with Article 55 of the Code.
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Open Access
ANALISIS YURIDIS TINDAK PIDANA PENGGELAPAN DALAM PERUSAHAAN
Abstract
In the Company, embezzlement crimes committed by employees often occur. Therefore, this crime needs to be considered to minimize this crime from recurring. embezzlement in the Company according to the rule of law in Indonesia can be punished. The formulation of the problem of this disscription is how the application of criminal law to the perpetrators of embezzlement in the Company according to Positive Law in Indonesia and Legal Protection for victims and perpetrator responsibility in Decision Number XX/Pid.B/2019/PN Kbu.This research is a normative legal research with a case approach. The data used is secondary data in the form of primary legal materials. The Criminal Code, Decision Number XX/Pid.B/2019/PN Kbu secondary legal materials obtained from books and related literature, then all legal materials are compiled and analyzed.From the results of the research, it can be concluded that the legal protection of victims of embezzlement in office is regulated in Article 374 of the Criminal Code and Law 13 of 2003 Regulation of Law 40 of 2007 concerning Limited Liability Companies, and the application of law by judges in Decision Number XX/Pid.B/2019/PN Kbu is not appropriate because the defendant should have been punished with the maximum threat for embezzling the company.
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Open Access
ANALISIS YURIDIS KEKERASAN TERHADAP ANAK SEBAGAI KORBAN TINDAK PIDANA PENGANIAYAAN
Abstract
Efforts to protect children need to be implemented as early as possible. This is based on the conception of child protection based on non-discriminatory principles of the best interests of children, the right to life, survival and development and respect for children's opinions. The Unitary State of the Republic of Indonesia is a country that prioritizes applicable legal provisions. The Criminal Code (KUHP) is a strong basis for determining prohibited acts and has strict sanctions for those who violate them. One form of crime that often occurs around us is crime in the form of violence such as abuse. The criminal provisions for criminal acts of abuse are contained in the Criminal Code, namely in Articles 351 to Article 358 of the Criminal Code. Paying attention to the elements of offenses in several articles that relate to acts of violence or abuse can clearly enable law enforcement officials to hold perpetrators accountable for their actions through the court process. Not only that, law enforcers should also look at the rights of children as victims of criminal acts of abuse. This type of research is normative juridical research, which focuses on the analysis of the legal rules that apply in a particular legal system. The data source in this research is in the form of secondary data or literature study. Literature study uses primary, secondary and tertiary legal materials. The analytical method used is the normative juridical method, namely research by describing the conditions and facts about the research object. The results of the research case found that, according to the Panel of Judges, the length of the sentence to be imposed in connection with the theory of restorative justice was appropriate and fair for the Defendant, Victim, the Defendant's family and the Victim's family. So the Defendant should have been jailed longer, but in the judge's decision the Defendant was only jailed for 2 months. From the application of the law by the panel of judges who use the legal application of the theory of restorative justice, according to the researchers' view it is not in accordance with the objectives of the theory of restorative justice.
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Open Access
ANALISIS YURIDIS PEMUTUSAN HUBUNGAN KERJA SECARA SEPIHAK TERHADAP PEKERJA KARENA PELANGGARAN BERSIFAT MENDESAK SESUAI PENGATURAN KETENAGAKERJAAN DI INDONESIA
Abstract
The termination of employment experienced by Syamsul Bachri Nasution, as the Plaintiff, was laid off unilaterally by the Company PT Armada Prima Nusantara as the Defendant. This case has been ongoing at the Jambi District Court and has permanent legal force as stated in Decision Number: 18/Pdt.Sus-PHI/2021/PN Jmb on September 15 2021. In this case the Plaintiff was accused of committing an act that defamed the company's name, so the Plaintiff reporting the Defendant to the Labor Inspectorate regarding the Defendant's policies and actions which reduced the Plaintiff's salary which was not in accordance with the provisions. This type of research is normative juridical research, which focuses on the analysis of the legal rules that apply in a particular legal system. The data source in this research is in the form of secondary data or literature study. Literature study uses primary, secondary and tertiary legal materials. The analytical method used is the normative juridical method, namely research by describing the conditions and facts about the research object. The research results show that legal protection for workers who experience unilateral layoffs by the PT Armada Prima Nusantara Company is as stated in Decision Number: 18/Pdt.Sus-PHI/2021/PN Jmb at the Jambi Jo District Court. Cassation Decision Number 223/K/Pdt.Sus-PHI/2022, namely that as a form of legal protection, the District Court Panel of Judges ordered the Defendant to pay the Plaintiff in accordance with the provisions of Article 40 Paragraph (2), Paragraph (3) and Paragraph (4) PP/35/2021 concerning the right to severance pay, service award pay, and compensation for rights amounting to Rp. 66,310,300 as a form of legal protection for the rights of workers who are disadvantaged.
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Open Access
PENERAPAN PEMBAGIAN WARIS DI ADAT BATAK SIMALUNGUN DALAM PERSPEKTIF HUKUM WARIS ADAT
Abstract
Statutory law is a law that includes forms of statutory regulations that have been enacted and compiled and are generally applicable to Indonesian society, such as criminal law, civil law, commercial law, and others. Customary law is the law of growth and development in human life, without reality, living according to the desires and thoughts of the Indonesian people. Customary law is a law that is growing and developing day by day, the law itself exists in society according to changes in society itself. In the life of Indonesian society, it is very important for law enforcers, defenders and legal observers to know and understand living customary law in order to enforce the law harmoniously and fairly for the Indonesian people. The relevant legal theory in answering this issue is Hans Kelsen's theory of justice law regarding justice and peace and justice and legality. Then, the next theory used is the theory of protection by Soekanto that legal protection is basically protection given to legal subjects in the form of legal instruments. Based on this theory, it is the basis for analyzing the distribution of Batak customary inheritance. The type of research used in this study is empirical research, namely legal research that uses a system of observation, interviews, and document collection. The approach used is a historical and conceptual approach. The data used are primary and secondary data. Primary data is collected through observation and interviews while secondary data is obtained from primary, secondary, and tertiary legal materials.
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Open Access
ANALISIS YURIDIS HAK REHABILITASI TERHADAP KORBAN PENYALAHGUNAAN NARKOTIKA
Abstract
Law Number 35 of 2009 defines rehabilitation as a comprehensive recovery process—physically, mentally, and socially—allowing former narcotics addicts to reintegrate into society. Narcotics abusers, as victims of addiction, are entitled to rehabilitation rather than imprisonment. Imposing prison sentences on users often fails to reduce drug abuse and may even exacerbate the problem. This study addresses two main questions: (1) How is law enforcement applied to narcotics abuse victims under Law No. 35 of 2009? and (2) How is punishment applied in Decision Number 183/Pid.Sus/2023/PN Ckr in this context? The research uses a normative juridical method through literature review, analyzing primary, secondary, and tertiary legal materials using a qualitative approach. The findings show that repressive measures still dominate over rehabilitative approaches. In case 183/Pid.Sus/2023/PN Ckr, the court imposed prison time without sufficiently considering the victim's right to rehabilitation. Although Law No. 35 of 2009 provides for rehabilitation, implementation in practice remains weak due to limited facilities and support. Greater emphasis on rehabilitation is needed to align law enforcement with the law's intent and provide more humane treatment for victims of drug abuse.
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Open Access
TINJAUAN YURIDIS PERLINDUNGAN HAK CIPTA KARYA SENI DIGITAL DALAM BENTUK NON FUNGIBLE TOKEN (NFT)
Abstract
The presence of Non-Fungible Tokens (NFTs) provides a unique appeal and empowers artists in unprecedented ways. The weakness in protecting digital copyrights stems from the perception that online art is public property. Thus, raising public awareness about digital copyright protection is crucial. The problem statement of this thesis is: How is the legal protection of digital art NFTs, and what are the obstacles and challenges in implementing NFT copyright law. This research uses a normative legal approach, utilizing legislative and library research. Secondary data includes primary legal materials such as the Civil Code, Law Number 28 of 2014, and Law Number 1 of 2024. Secondary legal materials are sourced from books and other literature, and tertiary legal materials include dictionaries. The collected materials are compiled and analyzed. The research concludes that repressive copyright protection is regulated in the Copyright Law. Preventive measures include public awareness campaigns and applying watermarks to artworks to prevent theft. Besides the Indonesian government, NFT marketplaceoperators also protect copyright by issuing warnings and imposing sanctions like account blocking
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Open Access
STATUS HUKUM ANAK DI DALAM KANDUNGAN SEBAGAI AKIBAT PUTUSNYA PERKAWINAN ORANG TUA
Abstract
In Indonesia, there are still many problems regarding the custody of children to whom it is appropriate to give, this happens because of the breakup of the parents' marriage which causes the maintenance of child custody to be contested. The formulation of the problem in this thesis is whether a child in the womb can be the object of custody due to the breakup of the parents' marriage and how the judge's application of law to the child in the womb is related to the child's custody rights due to the breakup of the parents' marriage (Decision Study Number xxx/ Pdt.G/2021/PN Prp). The research method used is normative legal research with a statutory approach, analytical approach and case approach. The type of data used is the Marriage Law, and a set of regulations related to this research, and obtained from law books or journals or other literature. From the results of this research, it can be concluded that unborn children cannot be used as objects of child custody rights because they are legal subjects who deserve protection as citizens for their desired interests. The decision to determine custody of an unborn child before birth can give rise to legal uncertainty.