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Anisa Farras Azmii; Agnes Tika; Denaya Syabilla Fitri; Monika Septiyar

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Higher education is often seen as a place to shape future leaders and create positive change in society. However, corruption poses a serious threat to the integrity and purpose of higher education. This article discusses the challenges and strategies in instilling anti-corruption awareness in higher education environments. These challenges include a culture of corruption that is difficult to change, economic pressures that encourage unethical behavior, and a lack of transparency and accountability. The proposed strategy includes implementing a curriculum that promotes the values ​​of integrity, establishing an independent monitoring body, implementing a strict code of ethics, and raising awareness through campaigns and training. By implementing this strategy holistically, it is hoped that higher education can become an effective agent of change in fighting corruption and promoting good governance in society.

Ali Muddin Sirait; Dani Sintara

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A cooperative is a joint business entity operating in the economic sector, whose members are generally those from a weak economy who join voluntarily and on the basis of equal rights, are obliged to carry out a business aimed at meeting the needs of its members. The problem in this thesis is to find out the development of cooperative regulations in Indonesia based on Law Number 25 of 1992 concerning Cooperatives, the Roles and Responsibilities of Cooperative Management and Members in the Distribution of Remaining Business Results in Thrifty Village Unit Cooperatives. The formulation of the problem that will be discussed in this thesis is: 1) What are the responsibilities of cooperative management both outside and inside the cooperative based on Law No. 25 of 1992? 2) What is the position of members in the cooperative accountability system? 3) What is the legal review of the implementation of loan agreements at the Thrifty Village Unit Cooperative? The type of research in preparing legal writing is normative legal research or library legal research. The purpose of normative legal research is research carried out by examining library materials or secondary data consisting of primary legal materials, secondary legal materials and tertiary legal materials. These materials are then arranged systematically, studied and then conclusions are drawn regarding their relationship to the problems studied. Based on Article 34 of Law Number 25 of 1992 concerning Cooperatives, the responsibility of cooperative administrators as cooperative managers for cooperative losses is responsible both jointly and individually bear the losses suffered by the cooperative if the losses suffered by the cooperative are caused by intention or negligence by the cooperative management. This is closely related to the obligations imposed on cooperative management which must be based on good faith. In this case, the management of the economical village unit cooperative did not provide accountability as regulated in the Law. The role of supervisors in supervising the work of cooperative management is considered less than optimal, because they still lack knowledge and ability regarding the duties and authority for which they are responsible.

Sutan Fachrezy Damanik; Anwar Sadat

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This thesis aims to find out the prevention of defamation laws according to the law and Islamic law in the city of Medan. Data collection in this study was carried out by means of literature studies and interviews.  In this study, legal data were qualitatively analyzed rules and techniques to satisfy the researcher's curiosity in a juridical symptom or a way to find the truth and acquire knowledge. The results showed that the Application of defamation rules in Article 310-318 of the Criminal Code and ITE Law No. 19 of 2016 amends Law no. 11 of 2008 in handling defamation, in writing, verbally, and hate speech on social media against perpetrators tend to be repressive (use of power outside the corridors of the law). The contribution of law enforcement of criminal defamation by the police to the criminal law, cannot be said to be effective Islamic law has not specifically addressed the types of defamation and penalties so it has not been able to effectively regulate the prevention of defamation in Islamic law. The development of this law regarding defamation does not pay attention to the social dynamics that exist in society. It can be seen from the problem of defamation that many occur through social medicine whose events are still difficult to prove.

Muhammad Naufal Luthfi; Adi Sulistiyono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the position and role of music aggregators in the digital music industry and the legal liabilities of music aggregators towards the copyright of music creators. This is a normative legal research of a prescriptive nature with a statutory approach. The legal materials used are primary and secondary legal materials, through literature study, and the technical analysis of legal materials using syllogism with a deductive thinking pattern. Based on the research results and discussions, it can be seen that music aggregators have a position as partial copyright holders of music that has been entrusted to them and play a role as distributors and managers of music royalties that have been entrusted to them. Meanwhile, the legal liabilities of music aggregators as stipulated in the Copyright Law are the recording of licensing agreements, determination of royalties in accordance with prevailing industry practices and fairness, and other liabilities that arise along with licensing agreements.    

Syabilal Ali; Emaeve Nur Berliantari; Aslihatin Zuliana; Irwan Triadi

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Firearms are a big problem when their use can be regulated for civil society, because simply a freedom with big risks will cause other big problems. Providing a sense of security and personal protection by giving rise to abuse will certainly create confusion both for those who regulate it and those who will clearly feel the dangerous impact. This research aims to determine the factors, efforts and obstacles in tackling the crime of possessing firearms without a permit. The research method used in this research uses a normative juridical research approach with a problem approach using a statutory approach. The findings in this research are that a person's internal and external factors greatly influence the efforts that can be made to prevent and overcome criminal acts of possession of firearms and from all forms of efforts made, various obstacles are also found that are present, from the government's quick response in dealing with it to low awareness. the community has an important role in overcoming these legal issues.

Korintus Wilson Horas Hutapea; Adi Sulistiyono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to find out the validity of the Civil Code smart contact.  It is hoped that the results of this research can be used by parties, especially people who have started carrying out transaction and contract activities using blockchain technology in the form of smart contracts.  This research method uses normative law, the use of legal materials includes primary and secondary legal materials, through data collection techniques in the form of literature studies.  A conceptual approach and a statutory approach were used in this research.  The data analysis technique used is a deductive data analysis technique using the syllogism method.  The validity of an agreement is assessed based on an understanding of article 1313 and the main elements of the validity of an agreement based on article 1320 along with the principle of freedom of contract in article 1338 of the Civil Code.  It is necessary to understand that smart contracts are required to fulfill the terms of the agreement in their implementation

Aristo Lanang Langgeng Asmoro; Lego Karjoko; Sapto Hermawan

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The regulation of the pesantren education system provides a legal guarantee for the continuity of pesantren education in Indonesia. The regulation is expected to be an instrument in realizing superior human beings. Research on the regulatory function of pesantren aims to find out more about the regulation of pesantren. The regulation is dissected to find how the pesantren regulation regulates the entire education system that takes place in the pesantren and then looks for the relationship between the correct regulation and the realization of superior human beings. Using a juridical-normative research approach, this research tries to comprehensively analyze Law No. 18/2019 on Pesantren. Law No. 18/2019 on Pesantren has regulated in detail how pesantren are organized. Equipped with the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 30 of 2020 concerning the Establishment and Implementation of Islamic Boarding Schools and the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 31 of 2020 concerning Islamic Boarding School Education, the series of arrangements then work in harmony to oversee the running of Islamic boarding schools which then produce generations of superior humans.      

Farahavisa Rifastya Mahfud; Subekti Subekti; Riska Andi Fitriono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.

Ishakimuda Lawrensius Basaro; Adi Sulistiyono

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article aims to find out the validity of a mystery box sale and purchase agreement from the perspective of article 1320 of the Civil Code.  It is hoped that the results of this research can be used by parties, especially potential online loan recipients, in making an online loan agreement using a standard agreement system.  The research methodology uses normative law, including primary and secondary legal documents, as well as data collection approaches such as literature reviews.  A conceptual approach and a statutory approach were used in this research. The data analysis technique used was a deductive data analysis technique using the syllogism method.  The validity of an agreement is assessed based on 4 main points of the validity of an agreement based on article 1320 of the Civil Code.  Likewise, a sale and purchase agreement is considered valid according to law if it fulfills the 4 elements of the validity of an agreement

Suryani Alawiyah; Irwan Triadi

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.

Sifa Nafis Salsabilla; Achmad Bhakti Nusa Pramana; Ainun Adila; Anindya Valentine; Galuh Attilargo +1 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Preserving local culture, especially batik, is an important aspect of sustainable development in Indonesia. This research aims to see how people in Indonesia realize how important it is to preserve batik culture, especially for the community to encourage local products. This research uses a qualitative descriptive method with primary data in the form of observations and interviews and secondary data in the form of literature studies, including books, journals and other internet sources. The research results found that efforts to preserve batik continue, driven by the government's commitment as a member of the UNESCO Creative Cities Network (UCCN). Through the implementation of the Sustainable Development Goals (SDGs), creative cities like Pekalongan can become models of sustainable development by combining aspects of creativity, arts education and cultural heritage preservation. In this way, local culture is not only a national identity, but also an instrument for achieving overall sustainable development goals.

Mohamad Arif Asiari; Fenty U. Puluhulawa; Julius T. Mandjo

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine the implementation of tera/re-terra by the Legal Metrology Department of Trade and Industry of Gorontalo City as an effort to protect consumers. The type of research used in this research is empirical legal research which is intended to obtain clarity and understanding of the problems in research based on existing facts. Data sources were obtained through interviews, observation and documentation. Then analyzed descriptively qualitatively. The results of the research show that the implementation of tera/retracing by the Legal Metrology Department of Trade and Industry of Gorontalo City is carried out by carrying out retracing/retracing of scales which are included in the legal metrology category which is authorized for trading by the Ministry of Trade, in accordance with international standards. All UTTPs must be stamped/recast once a year in accordance with legal metrology laws and regulations. This aims to ensure that the UTTP equipment used by business actors complies with statutory provisions, so that the measurement results, measurements and scales are as they should be so that they do not harm consumers.

Daniati Daniati; Desi Ratnasari; Azizah Azizah; Vivi Fitriani; Maya Gustiani Putri +2 more

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The research aims to determine the impact of PT. Bintan Karisma Pratama which is located on Telang Island, Mantang District, Bintan Regency in the Riau Islands Province, on community life in Telang Kecil village with economic and social aspects of community life and how this PT contributes to local or local communities after the compensation assistance provided by PT for the Telang Kecil community, this research uses qualitative methods, namely in the form of interview and observation techniques or field studies, as well as literature studies to support the results of this research. The impact of PT Bintan Karisma Pratama on the environment of the people of Telang Kecil does not have a serious impact because the PT has first assessed the location area where it wants to be established and has followed the rules of the decision-making process regarding business and activity organizers or what is known as AMDAL, the marine environment of Telang Kecil is also categorized. Clean, local people are able to take good care of the marine environment. The majority of their livelihoods are fishermen and others work as workers at Pt  Bintan Karisma Pratama, wives work as housewives and there are also those who work as small traders or small food and beverage businesses.

Pretty Viorella Br Ginting; Liesna Andriany

Jurnal Ilmu Pendidikan, Politik dan Sosial Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Education in Indonesia is currently experiencing a significant paradigm shift, with an increasing focus on developing student independence. This article aims to investigate good practices that support educational transformation towards independence at SMA Negeri 3 Medan. The research method used is a qualitative approach, through in-depth interviews with teaching staff, classroom observations, and analysis of school documents. The research results show that there are a number of good practices at SMA Negeri 3 Medan that support student independence. Among them are the implementation of project-based learning which encourages students to take initiative and collaborate in solving problems, the use of technology as a learning tool that expands access to information, as well as the development of diverse extracurricular programs to facilitate the development of students' skills and interests outside the academic curriculum.These findings highlight the commitment of SMA Negeri 3 Medan in creating a learning environment that supports student independence. The implication of these findings is the importance of adopting liberating educational practices in other schools to increase learning effectiveness and prepare students to face complex future challenges.

Faikotul Masruchah; Ni Komang Arini Styawati ; I Made Arjaya

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article is to test the effectiveness of Law Number 24 of 2011 concerning Social Security Administering Bodies in PT Companies. LM and sanctions given to companies if they do not carry out the mandate of the Manpower Law. This research method uses an empirical method, namely a process that aims to interpret research data. The results of this research are that the implementation of Law Number 24 of 2011 concerning BPJS related to employment in furniture companies has not been effective. Sanctions imposed on companies that do not carry out the statutory mandate to provide their employees with social security are sanctions in the form of written warnings and fines. 

Alya Para Mestri; Arief Suryono

Jurnal Riset Ilmu Hukum, Sosial dan Politik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research analyzes the types of dispute resolution that can be carried out due to acts of default committed by buyers in online buying and selling using the Cash On Delivery (COD) payment method in the Shopee marketplace. This research is normative legal research that is prescriptive and applied. The collection of legal materials is through library research, including primary and secondary legal materials. This research aims to find out and examine what dispute resolution can be carried out by sellers due to acts of default committed by buyers in online buying and selling using the COD payment method on the Shopee marketplace in terms of statutory regulations and Shopee's Terms of Service.

Riska Andi Fitriono; Lushiana Primasari; Cornella Fithria Khairunnisa

Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Domestic violence is known to increase significantly from year to year. There are 4 forms of domestic violence, namely physical, psychological, sexual and economic violence. Of the several forms of domestic violence, there is physical and economic violence that often occurs in Indonesian households. This happens because of several juridical factors that influence the emergence of domestic violence, but there are 2 juridical factors that greatly influence the existence of domestic violence, namely cultural factors and economic factors. The aim of this research is to gain knowledge about the factors that cause domestic violence and how to resolve domestic violence using the concept of restorative justice. Apart from that, the main aim is to ensure that domestic violence cases in Indonesia do not increase. The research method used in this article is a library study approach because it collects data from books, journals, the internet, or other written literature as a basis for writing research.

M. Zidan Ardana; Maya Shafira; Firganefi Firganefi; Gunawan Jatmiko; Damanhuri Warganegara

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Narcotics abuse is a very dangerous thing, because in addition to having an impact on the user's personal self, he will become addicted and his life will depend on narcotic substances, which if not prevented (treated), the type of narcotics that will be used will become stronger. and the larger the dose. Recidivism is the behavior of a person who repeats criminal acts after being sentenced by a judge's decision which has permanent legal force because of criminal acts that have been committed previously. The problem approach used is an empirical juridical method supported by a normative juridical approach. The data collection technique is that primary data is obtained through interviews with research subjects and secondary data is collected by reviewing through literature studies such as statutory regulations, books or literature, and journals. Data analysis uses qualitative data analysis. The factors that cause recidivism in narcotics abuse crimes are internal factors and external factors. Internal factors consist of uncontrollable desires, behavior, diligent praise, easily frustrated, and the character itself. External factors that cause someone to repeat the crime of narcotics abuse include environmental and social factors, economics, information and communication technology, and family factors. Efforts to overcome the recidivism of narcotics abuse that can be carried out are pre-emptive efforts, preventive efforts and repressive efforts.

Enge Christina; Agustin Widjiastuti; Andyna Susiawati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Vocational training in Indonesia is organised based on cooperation or mutual agreement between educational institutions and companies. This research highlights the unavailability of legal regulations that specifically protect vocational trainees. The lack of specific regulations causes the implementation of existing labour regulations to be limited to companies where vocational training is held. Through this normative jurisprudence research, it can be seen that the vacuum legis condition, namely the existence of a vacuum of specific legal rules, has begun to have a solution. The Indonesian government has actually started to improve the quality of human resources through vocational education and training by making three new regulations related to vocational training. There are three new regulations that have been issued, namely: Presidential Regulation No. 68 of 2033 concerning Revitalisation of Vocational Education and Vocational Training issued on 27 April 2022. Coordinating Minister for Human Development and Culture Regulation No. 5 of 2022 governing the Organisation and Working Procedures of the National Coordination Team for Revitalising Vocational Education and Vocational Training, promulgated on 14 September 2022. Coordinating Minister for Human Development and Culture Regulation No. 6 of 2022 on the National Strategy for Vocational Education and Vocational Training, also promulgated on 14 September 2022. It is expected that these regulations can be implemented to protect the individual rights of prospective workers in vocational training in Indonesia.

Sofyan Daud; Fence Wantu; Avelia Avelia

Jurnal Kajian Ilmu Sosial, Politik dan Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to determine law enforcement efforts for criminal acts of theft committed by recidivist perpetrators in the jurisdiction of the Gorontalo City Resort Police from the aspect of law enforcement. The research method used in this research is empirical research, using a document study approach, case studies, observations, interviews which are then analyzed qualitatively. The research results show that the analysis regarding law enforcement efforts against recidivists carried out by the Gorontalo City Police uses efforts; preventive, namely providing legal education to the community and repressive efforts in the form of bringing justice by carrying out investigations, arrests, investigations up to the court level. It can be concluded that this preventive effort is an outreach by providing understanding to the community so that they participate in overcoming the problem of crimes committed by a recidivist, especially in the family environment, school environment and repressive efforts in the form of taking firm action against a recidivist. The action in question is in the form of investigation, arrest. , investigation up to the court level, this action is the last action if pre-emptive action is not successful.