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Sheptiana Indah Murianti; Sumriyah Sumriyah

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The tourism potential in the Sampang Regency area is very good, one of which is rice tourism in Ataman village. Padi tourism offers beautiful views with typical village culinary attractions. However, in rice tourism there are still problems such as visitors not respecting the cultural values ​​and beliefs of the local community and managers also do not have tourist regulations. Therefore, this results in a decrease in tourist visitors so that the contribution of PADes automatically decreases. The research method used is empirical juridical research with a field study approach. Data collection in this research uses several methods including interviews, observation and literature search. The research location is Taman Village, Jrengik District, Sampang Regency. The data analysis method used in this research is descriptive-qualitative. The results of research during the MBKM KKNT show that the management of Rice Fields Tourism in Taman Village is still not well organized, considering that the management pattern of facilities and infrastructure is still lacking, especially the management does not have rules for tourist visitors, so tourism is quite quiet so that PADes decreases. Therefore, the MBKM KKNT program created a legal education program regarding the protection of tourist visitors within the framework of preventive protection. The results are quite satisfactory from the results of the socialization showing that understanding of village officials, tourism managers, the community and tourist visitors has increased, especially understanding of the substance of the Tourism Law and the Village Law. Apart from that, the management makes rules for issuing visitors based on statutory regulations and the management is improved gradually, so that tourist visitors will gradually increase and the Village Paddy will automatically increase and this will all make the Taman Village community prosperous.

M. Adi Putra; Zainal Arifin Hosein

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to compare the bankruptcy application procedures between State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD). Bankruptcy is a condition that significantly impacts economic stability, both nationally and regionally. In this case, both types of enterprises are regulated by different regulations but with similar underlying principles. Therefore, this research examines the differences and similarities in bankruptcy procedures for BUMN and BUMD, as well as the authority each possesses in the bankruptcy application process. Additionally, this study highlights the importance of harmonizing regulations governing bankruptcy procedures to ensure the coherence of the prevailing legal system. The research method used is normative legal research with a legislative approach and a conceptual approach. This research reveals that although there are similarities in objectives, significant procedural differences require adjustments to create uniformity and legal certainty in resolving bankruptcy issues for both types of enterprises.

Hono Sejati; Wieke Dewi Suryandari

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study seeks to examine the legal vacuum surrounding regional head elections that feature only a single candidate, as well as the legal implications that arise from this scenario. In a democratic system, the principle of popular sovereignty necessitates a fair and free electoral process; however, the absence of clear regulations for regional head elections with a solitary candidate can jeopardize the integrity of this principle. Employing a normative legal methodology with both legislative and conceptual approaches, this study investigates various regulations that govern regional head elections and assesses how this legal vacuum impacts the electoral process and the constitutional rights of citizens. Additionally, the study identifies several strategies to address the legal vacuum, which include establishing clear legal provisions for the election process involving a single candidate, implementing a plebiscite mechanism, and enhancing transparency throughout the electoral process. The findings suggest that a more definitive and explicit legal framework is essential to uphold the principle of popular sovereignty in regional head elections featuring a single candidate. 

Gultom Rosmaida Feriana; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The discontinuity of regulations concerning health workers in health law legislation poses a challenge for the application of the principle of legal certainty in Indonesia. The principle of legal certainty is an essential foundation in the legal system that guarantees the rights and obligations of health workers and the community. However, there is a gap between the regulations for health workers and the principle of legal certainty, which impacts the clarity of the legal status, rights, and obligations of health workers. This research aims to examine the discontinuity between health workers' laws and the application of the principle of legal certainty, as well as the impact arising from this inconsistency. Additionally, this research identifies efforts that can be made to align labor regulation and health worker regulations with the principle of legal certainty. Using normative legal research methods through legislative and conceptual approaches, this study finds that regulatory harmonization is necessary to strengthen legal certainty in health worker regulation in Indonesia.

Verdy Hengky Kalele; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.

Yulinar puluhulawa; Arifin Tahir; Fenti Prihatini Tui

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze how public service based on innovation (E- Government) is implemented at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province, focusing on 1) support, 2) capacity, and 3) benefits. To achieve this objective, qualitative methods were used, with descriptive data analysis. Data collection techniques included observation, interviews, and documentation, employing qualitative descriptive analysis. The findings indicate that the E-Government-based public service innovation carried out by the Regional Office of the Ministry of Religious Affairs of Gorontalo Province involves: 1) support in the form of training for staff on system usage and community outreach to ensure understanding of the SISKOHAT system. Additionally, coordination with system developers was conducted to improve and update the application according to user needs. 2) Capacity refers to several IT tools and systems that support electronic public services; however, frequent technical issues, such as system disruptions or hardware limitations, hinder electronic service delivery. 3) The benefits of SISKOHAT include efficient and integrated management of congregation data, which enhances service delivery to congregants by providing more accurate information.

Aisyah Adilla; Sumriyah Sumriyah

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

An agreement according to article 1313 of the Civil Code explains that "An agreement is an act in which one or more persons bind themselves to one or more other persons". Which in this case is an agreement according to K.R.M.T Tirtodiningrat, an agreement is a legal act based on an agreement between two or more parties, which as a result of the law can be fulfilled by the provisions of the applicable law. A sale and purchase agreement is an agreement in which one party binds himself to hand over an object and the other party to pay the price of the object that has been agreed.  This research is entitled "The Application of the Principle of Consensualism in the Peanut Sale and Purchase Agreement in Taman Village, Jrengik District, Sampang Regency". The purpose of this study is to find out how the principle of consensualism is applied in the peanut purchase and sale agreement in Taman Village and what are the legal consequences that will be obtained for parties who violate the principle of consensualism in the peanut purchase and sale agreement in Taman Village, Jrengik District, Sampang Regency. Thus the study uses empirical research methods. This research method is an approach that prioritizes the use of real evidence and in-depth observation as the basis for his research work. In the results of observations that have been made by researchers on the application of the principle of consensualism of peanut buying and selling agreements in Taman Village, Jrengik District, Sampang Regency, as the times go by, many residents have applied the principle of consensualism in the buying and selling process.

Nor Lailatul Mutfaidah; Abd. Wachid Habibullah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Openness of public information is an important principle in transparent and accountable government. Openness of information also allows citizens to understand the problems faced by the government and how proposed policies may affect their lives. This research describes the resolution of public information disclosure disputes starting from the Information Commission up to the Cassation level at the PTUN. The approach method used in this research is normative juridical research. This research explains the procedures for resolving public information disputes at the PTUN using the litigation adjudication process regulated by Law Number 14 of 2008 concerning Openness of Public Information and PERMA RI Number 2 of 2011 concerning Procedures for Resolving Public Information Disputes in Court.

Vianti Nur Mauliddya Ike Safitri; Moh. Soleh

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is an archipelago with diverse languages, ethnicities, religions and cultural tribes. Although there are many differences, Indonesian citizens always uphold kinship, tolerance and harmony in their environment.  This is in accordance with the motto of the Indonesian nation, namely “Bhineka Tunggal Ika” which describes the diversity of the Indonesian nation, but still one. In dispute resolution, in addition to legal channels, another form of dispute resolution in the form of alternative out-of-court settlements, which is often used by the Indonesian people, is the concept of mediation. One example of its application is in Jarin Village, Pamekasan, which resolves disputes through a negotiation process to obtain a peaceful agreement. The parties to the dispute are assisted by mediators, who are played by the village government and community leaders who are respected by the community. The form of research method used is Empirical. The research data comes from field samples that will be analyzed in a qualitative description. The results of the research are used to determine how effective mediation is in resolving disputes non-litigatively or without legal and/or judicial channels.

Yusep Mulyana; Subarsyah Subarsyah

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

Artificial Intelligence (AI)plays a vital role in criminal investigations, offering innovative solutions to challenges faced by law enforcement. With its fast and accurate data analysis capabilities, AI can identify behavioral patterns, detect anomalies, and predict potential crimes. Technologies such as facial recognition, social network analysis, and natural language processing help speed up the investigation process and improve prosecution effectiveness. However, the application of AI also raises ethical challenges, including privacy issues and potential bias in algorithms. Therefore, it is important to develop a framework that ensures the responsible use of AI in a legal context.    

Lucia Sandoval; Carlos Velasquez

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

This study evaluates the effectiveness of restorative justice approaches in reducing recidivism among offenders. By examining case studies and statistical data from restorative programs across various countries, the article assesses the impact of restorative justice on offender rehabilitation, victim satisfaction, and community healing. Findings suggest that while restorative justice can significantly reduce re-offense rates for certain crimes, its success depends on structured implementation and societal support for alternative justice methods. This paper highlights the potential of restorative justice to address the root causes of crime, fostering positive outcomes for offenders, victims, and communities.

Adinda Dwi Mulyani; Sahrul Sodikin; Suheti Suheti; Annisa Putria Rachmawati; April Laksana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study shows that team collaboration dynamics greatly affect work quality and goal achievement. These dynamics include various elements, including communication, coordination, interdependence, and trust among team members. The methodology of this study aims to provide detailed insights into team collaboration dynamics and work efficiency, with a focus on organizational success in achieving organizational goals. The interpersonal communication patterns of managers that were found and had a significant impact on Caffe Otsukohi team performance were democratic communication patterns and laissez-faire communication patterns. Supporting factors for interpersonal communication between managers and Caffe Otsukohi employees include transformational leadership, a positive work environment, effective communication channels, and shared goals.

Eka Saputra; Fitri Handayani

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper explores the implications of digital surveillance on individual privacy rights, examining the balance between national security and personal freedom. By analyzing laws and regulations on digital monitoring across various countries, the study highlights the challenges and ethical concerns associated with widespread surveillance technologies. The findings emphasize the need for stronger legal frameworks to protect privacy without compromising security.

Javier Ramirez; Rachel Chen; James Wu

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the impact of artificial intelligence (AI) on human rights, focusing on issues such as discrimination, transparency, and accountability. The research analyzes AI applications in areas like law enforcement, employment, and social media, evaluating how AI can both enhance and threaten human rights. The study calls for the development of AI regulations that uphold human rights principles and prevent misuse.

Samuel Teja; Amelia Tuku

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper analyzes the legal frameworks governing refugee rights and asylum processes, focusing on the challenges refugees face in seeking protection. By examining case studies from various countries, the research explores issues like legal barriers, discrimination, and access to basic services. The findings highlight the need for stronger international cooperation and legal reforms to ensure the protection of refugees and their human rights.

Aung Naing; Nyein Chan

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article investigates the complexities of protecting freedom of expression in the digital age, where social media and online platforms play a critical role. The study examines the tension between free speech, misinformation, hate speech, and content moderation policies implemented by governments and tech companies. Findings suggest that a balance must be struck between upholding freedom of expression and preventing harm, calling for a regulatory approach that respects both rights and responsibilities.

Priyo Budi Maryoso

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

Implementation of Complete Systematic Land Registration (PTSL) in Bunut District is one of the biggest PTSL activity targets at the Pelalawan Regency Land Office for the 2021 fiscal year, namely 7,964 Land Rights Certificates (SHAT), however the realization achieved was only 3,728 Certificates (K1). Because of this, the research is intended to examine how Complete Systematic Land Registration (PTSL) activities are implemented in Bunut District and what factors hinder the Implementation of Complete Systematic Land Registration (PTSL) activities in Bunut District. The theoretical concept used is the Policy Implementation Theory according to the Theory of George C. Edward III. This research uses a qualitative method with descriptive data analysis. Data collection techniques are carried out using interviews, observation and documentation. Data analysis techniques with stages of data collection, data reduction, data display and confirmation of conclusions. The research results show that the implementation of Complete Systematic Land Registration (PTSL) activities in Bunut District is in accordance with Standard Operating Procedures (SOP) based on Minister of ATR/Head of BPN Regulation No. 6 of 2018 concerning PTSL and there are several obstacles in its implementation including: Lack of human resources at the Pelalawan Regency Land Office, lack of enthusiasm regarding the imposition of BPHTB, the existence of plots of land that enter or intersect with PIPPIB areas and forest areas, the imposition of PTSL preparation costs, land owners who are not available or cannot be contacted.

Mohammad Ya’isy Ghifari; Oktaviana Purnamasari; Daniel Handoko

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In this research, a semiotic analysis of the Apple commercial version of "Privacy on iPhone - Data Auction" is carried out using the Roland Barthes model. Also this research uses descriptive qualitative methods with data collection techniques of interviews and documentation studies. The purpose of this research is to find out the representation of personal data protection in the advertisement by analyzing the meaning of denotation, connotation and myth. The results of the analysis show that this advertisement clearly illustrates the risks that will occur to the personal data of smartphone owners and users if the data can be accessed easily by irresponsible parties. This commercial also proves the truth of the myth widely circulated in society that Apple devices are more secure than other brands. Apple wants to emphasize that they attach great importance to and care about the confidentiality and security of the personal data of Apple users. Therefore, Apple strives to provide security guarantees and personal data protection on its products so that Apple customers feel comfortable and confident that their data is safe.

Mulyawan, Agus

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

Persons with disabilities represent a diverse segment of society, facing unique challenges in accessing public services such as education, healthcare, and employment. In response, Indonesia ratified the Convention on the Rights of Persons with Disabilities (CRPD) through Law No. 19 of 2011, which serves to promote, protect, and ensure equal rights and fundamental freedoms for individuals with disabilities. This commitment led to the enactment of Law No. 8 of 2016, replacing an earlier, more compassionate framework with one emphasizing equality and the protection of rights for persons with disabilities. The law defines individuals with disabilities as those facing long-term physical, intellectual, mental, or sensory limitations and emphasizes the necessity of special protections to uphold their rights and prevent discrimination. The method used in this study is a normative legal research method. This study evaluates the effectiveness of disability rights protection policies in Indonesia, revealing significant challenges despite the legal framework established by Law No. 19 of 2011. Access to education, healthcare, and employment remains limited due to inadequate facilities, discriminatory practices, and social stigma. Effective solutions require strengthening the legal framework, increasing awareness, and involving the disability community in policy planning. Furthermore, robust monitoring and enforcement mechanisms are essential for safeguarding rights. To enhance protections, improved coordination among ministries, ongoing training for service providers, inclusive education practices, and recognition of employers who hire individuals with disabilities are critical. These measures are vital for fostering a more equitable society and ensuring the rights of persons with disabilities are upheld sustainably.

Glaidy Angelina Nayoan; Nur Mohamad Kasim; Zamroni Abdussamad

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

Due to the quick advancement of digital technology, online purchasing and selling has become easier. Online transactions do, however, come with a number of drawbacks, including fraud, mismatches between products and their descriptions, and privacy violations. With reference to Law Number 8 of 1999 on Consumer Protection, the purpose of this study is to examine the legal safeguards that Indonesian consumers have when making purchases online. The study's results, which were obtained using a normative juridical research methodology with an emphasis on statutory regulatory analysis, indicate that while the Consumer Protection Law creates a basic legal framework, more oversight and regulations are necessary to ensure its greater efficacy when applied in the digital sphere.