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Bestian, Seftra; Amu, Robby W.; Kasim, Ramdhan

Jurnal Ilmu Sosial, Bahasa dan Pendidikan 2024 Pusat Riset dan Inovasi Nasional

The purpose of this study is to find out the court's decision on the crime of adultery associated with underage marriage at the Marisa District Court of Pohuwato Regency in case decision Number 98/Pid.B/2020/PN Mar Jo. Number 99/Pid.B/2020/PN Mar and To Know and analyze the legal considerations of the Marisa Court Judges in case decision Number 98/Pid.B/2020/PN Mar Jo. Number 99/Pid.B/2020/PN Mar and what obstacles were faced in making a decision in case number 98/Pid.B/2020/PN Mar Jo. Number 99/Pid.B/2020/PN Mar on the criminal offense of adultery (Overspell) of underage marriage. The implementation of this research is empris research. In this study, researchers used a qualitative method. The author uses research that is descriptive analytical Sociological, according to Suharsimi Arikunto descriptive analytical is research intended to collect information about the status of existing symptoms, namely symptoms of the situation as it is at the time the research is conducted. In the decision on the criminal case of adultery associated with underage marriage, the judge has carried out the decision in accordance with the applicable positive legal regulations, seeing several considerations of the judge according to the defendant's statement, evidence of instructions. Based on the applicable positive law when associated with religious law, this underhand marriage is declared valid. However, in terms of the judge's decision, it has taken into account the  principle of justice. In addition, the perpetrator of this crime is legally guilty, but the judges imposed the sentence by looking at the defendant's mitigating and aggravating statements. Complex legal considerations are an important part of the process of judges handing down decisions in adultery cases, especially in the context of underage marriage. Judges must consider various legal, ethical, and cultural factors in making fair and balanced decisions.

Anam, Fahrun; Moonti, Roy Marthen; Kadir, Yusrianto; Kasim, Muslim

WISSEN : Jurnal Ilmu Sosial dan Humaniora 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

The purpose of the research is to know and analyze the application of diversion to victimless criminal acts (narcotics) committed by children in Marisa District Court and to know and analyze the factors that influence the application of diversion to minors in Marisa District Court, Pohuwato Regency. The type of research used is normative-empirical legal research which basically combines a normative legal approach with the addition of various empirical elements. The implementation of diversion for victimless crimes is still less effective because there are still obstacles such as the absence of a special diversion room at the Marisa District Court, even though diversion is an important step in handling narcotics cases involving children and there are several factors related to the diversion process including the lack of adequate regulations in regulating the implementation of diversion for victimless crimes in the examination process in court, in the case of handling children in conflict with the law it should not only be the police, prosecutors, or juvenile judges who must have special qualifications related to handling children in conflict with the law who can handle the case, besides that the lack of understanding of the parties about the implementation of diversion.

Ania Nasyira; Faiza Nisrina; Roselia Ariyanti

Deposisi: Jurnal Publikasi Ilmu Hukum 2024 International Forum of Researchers and Lecturers

Early marriage is a practice that still occurs frequently, especially in Indonesia. Even though in Indonesia there has been legal certainty regarding the age limit for couples who will marry in the form of statutory regulations, one of which is the Marriage Law, in reality the practice of early marriage continues due to various factors, including cultural, economic and lack of education. This research aims to analyze the impact of early marriage on the quality of family life based on the perspective of Islamic law, as well as to examine the views of the Imams of the School regarding early marriage and how the views of these Imams influence the practice of early marriage in Islamic society. By using research methods through a juridical approach and supported by primary and secondary data collection techniques, this research is aimed at providing a comprehensive understanding of the influence of early marriage itself. Based on the research that has been carried out, the results obtained are that early marriage causes more negative impacts than the benefits obtained. These negative impacts include aspects of biological, psychological, social and deviant sexual behavior. Apart from that, there are differences of opinion from Imams regarding the age limit for a person's maturity so that society must really consider the readiness of the child they are going to marry, especially in economic, biological and psychological terms.

Bryan Anna Wijaya; Fiona Valencia Setiawan

Journal of Educational Innovation and Public Health 2024 Pusat Riset dan Inovasi Nasional

ABSTRACT Cigarette consumption is one of the main risk factors that can cause various non-communicable diseases, such as coronary heart disease, stroke, lung cancer, and even death. In a cigarette, there are around 70 substances that can cause cancer and contain more than 5,000 chemicals that can have a negative impact on health. In Indonesia, cigarette consumption is regulated by the Republic of Indonesia Government Regulation Number 109 of 2012 concerning the Safeguarding of Materials Containing Addictive Substances in the Form of Tobacco Products for Health. In chapter IV, the fifth section, Articles 49-52 regulate non-smoking areas where someone cannot consume cigarettes in non-smoking areas. This research is descriptive research with survey methods and sample collection using purposive sampling from Tarumanagara University cleaning service with a sample size of 108 respondents. As many as 67.6% of respondents were male and 71.3% were active smokers. Conclusion: most respondents (78.8%) had good knowledge about the dangers of smoking and as many as 89.8% were aware of government regulations governing cigarette consumption

Jiwel Badawi; Fitria Ramadhani Siregar

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

With the increasing number of child trafficking cases, the government needs to focus on serious efforts to eradicate this criminal offence. These efforts are not only in the form of law enforcement in a preventive, repressive, and responsive manner, but also efforts related to the recovery or protection of children who are victims of child trafficking after the completion of the criminal justice process which aims to restore the child's future. The research used in this journal is normative legal research. Normative legal research is research that examines the laws and regulations that apply to a legal problem. Normative research with the object of study of legislative documents by studying and examining library legal materials or can be called a study of legal science. Normative legal research tends to place law as a perspective discipline that is only seen in a normative perspective whose research themes include several things such as legal principles, legal systematics, vertical and horizontal synchronisation, legal comparisons and legal history.Efforts that can be made in providing legal protection to children as victims of human trafficking offences in the principle of legality have been regulated in the 1945 Constitution of the Republic of Indonesia and national legal rules in the form of laws and Presidential Regulations and also regulated in international legal provisions that have been adapted into Indonesian positive law. Efforts that can be made to ensure the legal protection of children as victims of trafficking offences.

Firmansyah Firmansyah; Yudho Taruno Muryanto

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

Industrial Revolution 4.0 is revolutionizing the movement of the world economy. If you don't prepare yourself from now on, you will be far behind in the economic world. Government intervention in monopoly and oligopoly markets aims to influence prices, the quantity produced, and the distribution of income from economic activities. Intervention is carried out in 2 ways, namely: regulation and legal anti-monopoly. In this research, the recommendation is that the government must be able to make regulations that encourage the development of the digitalization economy as a strategy. Such as easy policies in financing startup businesses, tax incentives and guidance for SMEs. The government also needs to increase the development of telecommunications infrastructure in small areas so that it can minimize the imbalance that occurs.

Adelia Setya Ayu; Yudho Taruno Muryanto

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

In the era of industrial revolution 4.0, the whole world is experiencing very rapid development. This industrial revolution was the driving force for the creation of globalization which influenced many aspects of life. The era of information technology places human life in the midst of rapid technological developments. Technological advances have also brought changes to the legal system in Indonesia. The Indonesian legal system follows the civil law legal system and has undergone adjustments to apply the existing legal system in countries that adhere to the common law legal system. This is clearly seen with the Omnibus Law which aims to simplify regulations to make it easier for business entities to apply for permits to open their businesses in Indonesia and increase investment in the country. Technological changes in the industrial revolution era have brought changes to the Indonesian legal system with the implementation of different legal systems to answer the challenges of this industrial era.

Orisalsalina Br Surbakti; Syaiful Azmi Hasibuan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The social issue in giving to prisoners who have committed criminal acts of narcotics abuse is the prisoner's right to receive a reduced sentence if they have good behavior while undergoing training. In principle, remission is to create a correctional system that leads to the process of rehabilitation and resocialization of prisoners. The correctional system which started from prison then turned into a correctional system. Penitentiary institutions are no longer a place for revenge, but are a place for convict development.The nature of the research used is normative legal research and the data collection method used in this research is secondary data obtained through library research, namely by conducting research on various literature such as books, laws, with the aim of to look for concepts, or understandings related to the problem of Prison Criminal Efficiency in Changing Prisoner Behavior (Study at Class III Langkat Youth Correctional Institution. A convict is a person who is serving a sentence for a criminal offense or a convict who is serving his sentence in a correctional institution where some of his freedom has been lost. Whereas the regulations regarding remissions start from Government Regulation No. 32 of 1999, the conditions for granting remissions, one of which is for narcotics convicts, are the conditions for granting remissions so that their implementation reflects the values ​​of justice.The mechanism for the process of granting remissions for narcotics crimes in Narcotics Correctional Institutions is that the stages of granting remissions are carried out by submitting an application for remission to the Minister of Law and Human Rights. Then the Head of Prisons makes an assessment with the correctional assessment team of the prisoner. The Head of Prisons and the Correctional Observer Team then held a hearing to discuss the request for remission accompanied by supporting data.

Al' Ain Danis; Syaiful Asmi Hasibuan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

In the recent reform era, there has been no effective effort to eradicate corruption. This is particularly ironic, given that the goal of reform is to eradicate corruption, collusion and nepotism (KKN). It also shows that more democratic governments are not serious about eradicating corruption. The crime of corruption in Indonesia has been increasing year by year. Corruption has become an extraordinary crime. Thus, efforts to eradicate it can no longer be done in an ordinary way, but are required in an extraordinary way. Corruption can pose a danger to the life of mankind, because it has penetrated the world of education, health, provision of food for the people, religion, and other social service functions. The difficulty of overcoming corruption can be seen from the number of acquittals of defendants in corruption cases or the lack of punishment borne by defendants who are not proportional to what they have done. This is very detrimental to the State and hampers the development of the nation. In this case, corruption cases are also difficult to disclose because the perpetrators use sophisticated equipment and are usually committed by more than one person in a covert and organised situation. Overcoming corruption requires measures such as improving the system, including improving the applicable laws and regulations, improving the way government works, strictly separating state ownership and private ownership, enforcing professional ethics and institutional discipline, applying the principles of good governance and optimising the use of technology and improving human beings, including improving human morals as believers, improving legal awareness, increasing legal awareness, electing leaders who are clean, honest and anti-corruption.

Oky Tiara Putri; Arief Suryono

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

Today's electronic transactions are facilitated by the many Marketplaces and Online Shops that sellers and buyers can visit. Various platforms implement Flash Sales at certain moments as a form of promotion. In this case, forms of Predatory Pricing are found which include Unfair Business Competition in Predatory Pricing. The following research aims to examine and explain the Flash Sale method in Online Shops and its indications of unhealthy business competition. The following research was carried out using descriptive qualitative methods using a normative juridical approach by analyzing phenomena that exist in real conditions with statutory regulations simultaneously. Based on the analysis results, it is known that not all Flash Sale Programs provide prices far below production. However, the implementation of flash sales which drastically reduce prices is a clear indication of unhealthy business competition. Considering the drop in prices posted on the Flash Sale can reach 80% of the original market price. Based on the results of analysis using the Price-Cost Test, massive discounts by E-Commerce are a form of Predatory Pricing.

Ricky Sitanggang; I Dewa Gede Dana Sugama

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

The development of modern society in the process of globalization and industrialization has had a huge impact on forest sustainability as a support for life and in the world's biological life. The existence of forests is of course very much needed considering that forests are not only a source of wood production but are also an integral part of the environment, forests are open areas that make people's access to use them very large which causes logging and timber theft. In order for this to happen more often, this problem must be addressed immediately for the sake of the preservation of forest ecosystems in Indonesia. This journal writing uses normative research methods, normative methods are used with a statutory approach and use reference materials from book sources or other scientific research. As for the results of this study, the regulation of illegal logging is contained in the Law of the Republic of Indonesia Number 41 of 1999 concerning Forestry in Article 50 which regulates prohibitions for anyone who carries out activities in the form of logging, Article 50 also discusses the prohibition of carrying out forest destruction activities. and confiscation of forest resources in violation of laws and regulations or without permission from interested parties, namely forestry officials.

Gilang Handoko; Tria Patrianti

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

Lack of understanding of Government Public Relations function by the Education and Training Center The Ministry of Education, Research and Technology is an obstacle to the implementation in conveying information, policies, regulations and educating the public which is still not optimal. The lack of experts and limited human resources results in ineffective communication in conveying information which can cause misunderstandings and inappropriate information received by the public. This study aims to determine the activities, actions, and mechanisms of Government Public Relations of the Education and Training Center of the Ministry of Education, Culture, Research and Technology. The research theory in this study is the theory of implementation and Government Public Relations which consists of disseminating public information, policies, regulations and educating the public about laws and regulations. This research methodology.This research methodology uses a qualitative approach with descriptive methods with data collection techniques are in-depth interviews. The implementation of Government Public Relations carried out by the public relations of the Education and Training Center of the Ministry of Education, Research Culture and Technology consists of activities such as providing accurate information, socializing to the public about government policies, interacting with the public, holding press conferences, and building relationships with the media.press conferences, and building relationships with the media. Government Public Relations actions carried out such as preparing information materials, accommodating, processing messages and aspirations of the community, by involving several stakeholders so that the information received by the public in the form of news, narratives, photos and videos is accurate and reliable. The Government Public Relations mechanism uses good governance, namely, equality, supervision, law enforcement, , effectiveness, and  responsiveness, efficiency, participation, accountability, foresight and transparency.

Salwa Salsabila Wibawa; Arief Suryono

Kajian ilmu Hukum, Sosial dan Administrasi Negara 2024 Lembaga Pengembangan Kinerja Dosen

This research is a normative legal research with a statutory approach. Shopee Paylater is a method of paying for an item in installments, where people can buy goods now and make payments at a later date in installments for 1, 3, 6, 12, 18, or 24 months on a predetermined due date. This research was conducted to determine the application of the principle of balance in Shopee paylater for loan recipients which is included in a standard agreement and is prone to violating the provisions in the applicable regulations. The result of this research is that the terms and conditions of Shopee paylater for loan recipients have not applied the principle of balance.

Tiyo Saputra; Sadrianor Sadrianor; Ananda Zakiyyah Salzabillah

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This journal aims to provide an explanation of Article 5 of Law Number 23 of 2004 concerning the Elimination of Domestic Violence which states that every person is prohibited from committing domestic violence against people within their household by means of: physical violence, psychological violence, sexual violence. and/or household neglect. In reality, even though there is Law Number 23 of 2004 concerning the Elimination of Domestic Violence, domestic violence still occurs frequently. The purpose of writing this article is to explain the factors that cause domestic violence and the suitability of the Perempuan Academy program as a sustainable non-penal effort to tackle domestic violence and its obstacles in Kel. Karang Anyar, Samarinda City. The data in this article was obtained from secondary data by conducting library research and reviewing textbooks and statutory regulations. The primary data in this article was obtained by carrying out data collection techniques and also interviews with a number of respondents and informants. The results of this research show that the factors that cause domestic violence are economic inequality and the community's lack of knowledge about domestic violence. Efforts to reduce domestic violence in Kel. Karang Anyar has been carried out in various ways, one of which is through mediation and through the Perempuan Academy which is appropriate as a sustainable non-penal effort. The obstacles faced in implementing this program are the aspect of activity support tools which are considered to be less than optimal. The factors that cause domestic violence resolutions do not reach the courts are because victims do not want to report them for various reasons. Meanwhile, efforts that can be made by law enforcement officials are repressive and preventive efforts by providing education about domestic violence. It is recommended that all relevant parties, including the police, legal aid institutions, government and society, continue to increase integrated cooperation in dealing with domestic violence.      

Nurul Fitriani; Adi Sulistiyono

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

The knowledge of medicine and treatment, also known as Jamu, is one of the most important areas of Traditional Knowledge. It is widespread among indigenous peoples and local communities, and is an integral part of the communal rights held by indigenous peoples. Almost all indigenous peoples have developed knowledge about plants for various purposes, especially for medicine. The use of biodiversity as an ingredient in medicinal herbs has been a common practice in Indonesia for centuries. The question that arises is whether the knowledge of Jamu has received adequate protection from the government againts the rights of indigenous peoples related to Traditional Knowledge. This is the focus of the author attention in this discussion. This research discusses the regulation of communal intellectual property in the legal framework used to protect the knowledge of traditional herbal medicine, and how the effectiveness of legal protection of communal intellectual property on traditional herbal medicine knowledge. The purposes of this study is to determine the legal protection of traditional knowledge and analyze the positive legal regulations. This research method used by researchers is the normative juridical approach method. The results of the research conducted by the author in this thesis can be concluded that Traditional Protection on Jamu needs to be protected in accordance with the concept of protection of Philipus M. Hadjon, namely by means of preventive protection and repressive protection.

Trianda Lestari; Syahrando Muhti; Reky Yuliansyah

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

BSI is one of the banks that experienced hacking and attacks from irresponsible parties. Lockbit threatened BSI to immediately contact him to carry out negotiations regarding 1.5 TB of customer data which was threatened with being disseminated if BSI did not fulfill its request by the specified time limit. given. In the end, this happened because the given time limit had passed, there was a lockbit post showing a link connected to banking data. This case has certainly become the center of attention, because BSI is still reluctant to provide further information regarding customer data leaks and personal data protection has not been provided. This research method uses a normative legal method which refers to statutory regulations and related sources. The legal theory used is the theory of legal certainty, to see how certain banks provide responsibility for protecting customers' personal data as regulated in banking law. So researchers can also find the title in the article entitled Banking Responsibility in protecting personal data of bank customers due to hacking BSI case study

Putri Rahayu Ismail; Moh R U Puluhulawa; Mohamad Taufiq Zulfikar Sarson

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This journal examines the form of legal regulation related to the juvenile justice system in Indonesia, with a special focus on minors who are recidivists of the crime of motor vehicle theft (curanmor). Even though Law no. 11 of 2012 concerning the Juvenile Criminal Justice System has comprehensively regulated the handling of children in conflict with the law. There are significant challenges in handling children who repeatedly commit criminal acts. This study uses a normative juridical approach with analysis of applicable laws and regulations as well as cases of recidivism among children who commit crime. The research results show that although the law has provided a framework for the protection and rehabilitation of children, its implementation is often not optimal, especially in handling recidivist children. Special policies are needed that are more focused on preventing recidivism, including strengthening the role of rehabilitation institutions and active involvement of families and communities. In addition, revision of several provisions in existing laws is needed to ensure that the handling of recidivist children can be more effective and fair.

Edy Soesanto; Diah Ayu Kusuma Ningrum; Mohamad Rizqi Putra Prasetyo

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

As a solution to overcome the problems in the Cost Recovery Production Sharing Contract system, the Government of Indonesia through the Ministry of Energy and Mineral Resources has issued Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 08 Year 2017 on Gross Split Production Sharing Contract. This new regulation was issued due to the decline in the discovery of oil and gas reserves and the decline in non-tax state revenue (PNBP) from the upstream oil and gas sector. The Gross Split Production Sharing Contract scheme also aims to reduce bureaucracy in investment to attract investors to conduct exploration and exploitation in Indonesia. This study aims to analyze the legal aspects related to Gross Split regulations in improving the investment climate in the upstream oil and gas sector, as well as to evaluate the role of the Oil and Gas Special Task Force as an institution responsible for controlling and supervising the activities of the Cooperation Contractor in the Production Sharing Contract.

Edy Soesanto; Amelia Novianti; Ani Handayani

GARUDA : Jurnal Pendidikan Kewarganegaraan dan Filsafat 2024 International Forum of Researchers and Lecturers

This journal reviews the implementation of national values based on the 1945 Constitution in facing regulatory challenges and problems in the Indonesian oil and gas industry. This research explores how the national values reflected in the 1945 Constitution can be applied in the complex context of the oil and gas industry. The analysis results show that the Indonesian oil and gas industry is faced with various challenges, including complex regulations and suboptimal governance issues. However, implementing national values in oil and gas industry regulations can strengthen the country's energy sovereignty. Steps to increase the implementation of these values include improving regulations that are oriented towards national interests, increasing transparent governance, and a commitment to protecting the environment and surrounding communities. This journal highlights the importance of cooperation between government, industry and society in achieving these goals. The results of the analysis show that the implementation of national values in the Indonesian oil and gas industry is faced with several challenges, such as complex regulations, suboptimal governance, and environmental and social issues that must be addressed. To overcome these challenges, efforts are needed to strengthen the implementation of national values in oil and gas industry regulations, such as improving regulations that are more oriented towards national interests, increasing transparent and accountable governance, and strengthening commitment to efforts to protect the environment and surrounding communities.

Arifudin Arifudin; Neli Anjani; Neneng Serliana; Mia Auliah; Amaliah Amaliah

Jurnal Ekonomi dan Keuangan Islam 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Green Sukuk is a financial instrument that combines the principles of Islamic finance with sustainable development goals. This article discusses the role, practices, mechanisms, as well as challenges and efforts of the government in developing Green Sukuk in Indonesia. Green Sukuk have great potential in supporting the transition to a sustainable economy by providing a source of funding for environmentally friendly projects. However, challenges such as lack of awareness and capacity of financial institutions need to be overcome to optimize the contribution of Green Sukuk. Through strengthening regulations, outreach, product innovation and international cooperation, it is hoped that the Green Sukuk market can continue to develop and support the achievement of sustainable development goals in Indonesia.