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Anugrah Kesatria Kaban; T. Riza Zarzani

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

The importance of rehabilitation for addicts or victims of drug abuse is to heal the physical, mental and mental conditions for addicts and victims of drug abuse. It isvery likely that addicts experience health problems as a result of drug abuse, so that the existence of rehabilitation services or health services will be able to improve the quality of life of addicts or drug abusers. The purpose of this study was to find out the legal regulations regardingrehabilitation, implementation of rehabilitation for narcotics convicts in class IIB Tanjung Pura and the role of class II Bprison in tanjung Pura in rehabilitating fostered residents. This research is included in the descriptive research with the type of empirical juridical research using qualitative analysis methods. From the results of the study it is known that the legal basis and regulations related to the rehabilitation of convicts who abuse narcotics are Law Number 35 of 2009 concerning Narcotics, Law Number 12 of 1995 concerning Corrections, Regulation of the Minister of Health of the Republic of Indonesia Number 46 of 2012 concerning Procedures for Implementing Medical Rehabilitation For Addicts, Abusers, and Victims of Narcotics Abuse. SEMA Number 4 of 2010, Concerning Placement of Abusers, Victims of Abuse, Narcotics Addicts Into Medical and Social Rehabilitation Institutions and SEMA Number 3 of 2011 concerning Placement of Victims of Narcotics Abuse in Institutions of Medical and Social Rehabilitation. Rehabilitation in Class IIB Tanjung Pura Detention Centre is carried out in the form of medical rehabilitation, non-medical rehabilitation and social rehabilitation with stages in the form of providing initial information and screening and assessment and In carrying out the rehabilitation of inmates by the Tanjung Pura detention Centre Class IIB it has an impact There is a change in behavior and mentality, The emergence of awareness to stop consuming drugs, the emergence of obedience in worship and the percentage of awareness of drug addicts has increased    

Moh. Taufik; Nuridin Nuridin; Mukhidin Mukhidin

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

Tegal Regency regional regulation Number 2 of 2018 concerning Village-Owned Enterprises is a regional policy in the context of increasing the potential of village resources. The hope is that this regional policy can be a solution for developing village potential, which in Tegal district has a lot of village development potential. As well as increasing the potential of village business capabilities. With Village-owned Enterprises, it is hoped that the business potential in Tegal Regency, which has a large number of small and medium businesses and a high entrepreneurial culture, will certainly be the main requirement if the regional government can seize this opportunity to improve and empower the business world in Tegal Regency to the maximum. This research is a Normative Juridical Research on issues relating to the Job Creation Law and Village-Owned Enterprises policies. This research aims to determine the implementation of Tegal regent's regulation number 2 of 2018 concerning village-owned enterprises as well as solutions to obstacles in its implementation., in This research uses a qualitative data analysis method, namely normative juridical which is presented descriptively. Regent's Regulation number 2 of 2018 created a main strategy, namely Tegal Regency's commitment to improving the ranking of all indicators in investment policy in a better direction, structural improvements for all indicators, implementing ease of doing business for all communities, especially micro, small and medium enterprises through village-owned enterprises.

Wilda Malika Mufrihah; Elan Jaelani

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

This article aims to explore the legal framework relating to the protection of child victims of international abduction, as well as highlighting efforts that can be made to ensure security, welfare and fair solutions for the children involved. This study uses normative juridical legal research methods, namely This was done by examining statutory regulations and international conventions in the field of legal protection for child victims of international child abduction. The method used is library research or literature study. This research uses book sources and other data. This research was also carried out by reviewing and analyzing various kinds of literature. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. The 1980 Hague Convention on the Civil Aspects of International Child Abduction is the only international legal instrument specifically designed to deal with cases of transnational child abduction. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 of the 1980 Hague Convention concerning Civil Aspects of International Child Abduction is a multilateral agreement that aims to protect children from the detrimental effects of international kidnapping by encouraging the immediate return of children who have been wrongfully appointed or detained outside their home country. Legal protection for children in mixed marriages experiencing divorce involves various aspects that require special attention. Law Number 23 of 2002 concerning Child Protection, in Article 1 provides a definition, what is meant by child protection is all activities to guarantee and protect children and their rights so that they can live, grow, develop and participate optimally in accordance with their dignity and human dignity, and receive protection from violence and discrimination.

Pandito Malim Hasayangan Tanjung; Zalzabila Agnia Husna

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

In the rapidly evolving digital age, video content has become one of the dominant and popular forms of communication. However, with the ease of access and dissemination of content, the risk of originality rights infringement has become increasingly high for content creators. This research aims to analyze the preventive measures that content creators can take when their originality rights are violated in video content. The research method involves analyzing the policies and features of major platforms such as YouTube and TikTok, as well as a review of the concept of copyright in applicable laws. The analysis shows that content creators can take effective preventive measures, including copyright registration, the addition of clear watermarks, active monitoring of content usage, and cooperation with platforms. While challenges remain, consistent preventive efforts and copyright awareness can help content creators protect their original works in the dynamic digital realm. This research provides practical guidance for content creators to maintain the integrity of their creativity and encourage a culture that respects originality rights in the digital environment.

Melky AS Mendrofa

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

Confiscation of assets regulated in criminal acts of corruption is based on Article 18 paragraph (1) of Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The form of asset confiscation without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption consists of an asset confiscation system using the Non Conviction Based Asset Forfeiture model and implementing the mandate of UNCAC as the State. The establishment of legal rules regarding confiscation of assets without punishment as an alternative to providing justice for the state and perpetrators of criminal acts of corruption in realizing a welfare state, at least taken in several progressive legal steps, namely improving statutory regulations, strengthening coordination between law enforcement agencies, and accelerating finalize the Asset Recovery Act.

Satria Muhammad; Syiful Asmi Hasibuan

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

Fraudulent acts are currently flourishing following the era and technology advancement. Laws and regulations are made to anticipate this, but the existing laws and regulations seem like unable to combat the crime amid their increase in occurrences. This research aims to: firstly, to identify law enforcement against the e-commerce-based frauds; and secondly, to identify the obstacles in criminal law enforcement against e-commerce- based frauds. This research was conducted by using normative juridical method through literature research by examining secondary data including legislation, research results, scientific journals and references. The research results describe that the e-commerce- based fraudulent acts in principle are similar to the conventional frauds but differ in the evidences or means of action as the latter uses electronic systems (computers, internet, telecommunications equipment). Therefore, the legal enforcement against this kind of frauds is still under the applicability of the Indonesian Criminal Code and the Law No. 19 of 2016 regarding Amendments to the Law No. 11 of 2008 regarding Information and Electronic Transactions. Further, the law enforcement against the fraudulent acts in electronic-based transactions has been prevented at least by the following five factors, the laws and regulations, law enforcers, infra-structure or facilities that support the law enforcement, community and cultural factors.      

Bisbon Sibutar-Butar; Yasmirah Mandasari Saragih

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

Children in conflict with the law (ABH) who enter the detention center still have the right to be protected by law. So that legal protection for ABH is very important to run. that the existence of a child protection must be sought if we want to seek national development that can be satisfactory. Therefore, to strengthen the legal protection of children even if they are already in detention, there are several regulations that apply in the ius constitutum in Indonesia. The regulation according to the doctrine is called Child Law, which is a set of legal regulations governing children. This research is descriptive analysis. Data collection is carried out using documentation studies where all secondary data used in this study are collected using library research. Data processing is carried out to facilitate the analysis of data that has been obtained in accordance with the problems studied. Data analysis used in this research is qualitative analysis. Qualitative analysis is a specification of the nature of research to examine between theory and practice on the protection and rights of child prisoners at Lubuk Pakam Correctional Institution. Special coaching institutions are regulated in Law Number 3 of 1997 concerning juvenile courts article 61 paragraph (2), Law Number 11 of 2012 concerning the Juvenile Criminal Justice System article 82 paragraph (1), and Law Number 23 of 2002 Article 9 paragraph (1) concerning child protection where in the education system provided to juvenile prisoners in accordance with their interests and talents, juvenile prisoners are entitled to obtain their rights such as education just like children who are not in conflict with the law or loss of independence in accordance with their interests and talents, and if there are juvenile prisoners who have abilities from others will get special education.    

Muhammadong Muhammadong

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

The purpose of this research is to find out a review of the compilation of Islamic law regarding interfaith marriages from a sharia perspective. The method used in this research is qualitative, with a comparative approach by conducting literature studies related to studies of theories relevant to the problem of interfaith marriages. In the view of Islamic law, marriage between different religions is strictly prohibited because it is contrary to the rules of Islamic law in maintaining the existence of religion. The goal of marriage is to create a sakinanh, mawaddah wa Rahmah household, but this goal is very difficult to realize if the marriage is built on the basis of different religions. Based on Marriage Law Number 1 of 1974 which is implemented in the compilation of Islamic law, it states that it does not accommodate interfaith marriages to strengthen the arguments put forward in the Koran.

Amalia Kemala Dewi; Subekti Subekti; Riska Andi Fitriono

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

The writing of this article aims to analyze postpartum mental health disorders can be categorized as psychiatric disorders for reasons of criminal expungement and analyze the imposition of criminal sanctions in the criminal act of child abuse by mothers who suffer from baby blues syndrome in the Karawang District Court Decision Number 296/Pid.B/2018/PN.Kwg. The type of research used is normative with a statutory approach and a case approach. Based on the results of research conducted by the author, it is obtained that postpartum mental health disorders can basically be used as an excuse for criminal erasure in accordance with the severity experienced. The imposition of imprisonment by the judge in the case of child abuse by a mother with mental health disorder in the verdict was not appropriate because the judge did not pay attention and consider the condition of the perpetrator of the crime who suffered from mental health disorders of a fairly severe type and level.

Reza Ilham Maulana; Sapto Hermawan; Asianto Nugroho

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

Democracy has faced various challenges over thousands of years, particularly concerning transitions that depend on social and political factors. The role of intelligence in democratic transitions is crucial but can be used to maintain power undemocratically. In Indonesia, post-reform, democracy has not been fully consolidated. The repressiveness of law enforcement and legal bias towards political elites are major factors in the decline of democracy. This research employs a normative legal research method with a prescriptive nature, aiming to analyze the intelligence's involvement in the democratic transition process in Indonesia. The research approach encompasses analytical, historical, comparative, and philosophical dimensions. Primary legal materials such as legislation regulations are utilized as data sources, alongside secondary legal materials like books and journals. Data collection techniques utilize the PRISMA method, and data analysis is conducted deductively using the same method. The findings of this research indicate that the cycle of democratic transition influences both the democratic system and intelligence activities. Subsequently, a case study in Indonesia examines complex intelligence issues, attributable to regime changes and inconsistent political policies. Hence, a comparative study with Brazil, which is institutionally more complex and structured, is deemed necessary.

Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha

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

This study aims to determine and analyze the protection of domestic workers related to working time and to determine what legal remedies can be done in the event that working time exceeds working time in general. Researchers use the type of normative juridical research. This writing focuses on literature research in the form of collecting legal materials with legal approaches and concepts that are analyzed in a legal perspective. The results of this study indicate that: (1) Regulation No. 2 of 2015 on the protection of domestic servants (PRT) has not been able to reach the Act No. 13 of 2003 in the employment relationship. Since domestic workers are considered not employed “employers", they do not get the protection that the law gives to other workers. (2) the Ideal worker timing Model for domestic workers in Indonesia is still unclear. Domestic workers in Indonesia are still very vulnerable to exploitation related to inhumane working hours, especially for domestic workers who live with their employers. Therefore, it is expected that the government can immediately ratify the Domestic Workers Bill into the Domestic Workers Act

Shyandra Putri Buhang; Fence M Wantu; Nuvazria Achir

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

the study aims to analyze the imposition of a criminal verdict in the case of murder that occurred in case No. 117/PID.B / 2022 / PN GTO at the Gorontalo City District Court, as well as factors that influence the judge in deciding the murder case. The research method used is normative legal research with the approach of legislation and the approach of existing cases, which are then analyzed in a descriptive qualitative. The results showed that the analysis of the verdict on the murder case No. 117/Pid.B / 2022 / PN GTO at the Gorontalo City District Court, it can be concluded that the decision is the result of a criminal justice process based on the results of the examination and the facts of the trial as well as the cooperative attitude of the perpetrator. The factors that influence the decision, among others, are the evidence presented in the trial, witness testimony, Judge's consideration, and applicable legal provisions. The judge in his decision did not consider the elements of the indictment charged by the public prosecutor, namely Article 340 of the criminal code, but instead decided the case using Article 338 of the Criminal Code which, according to researchers, does not reflect the principle of legal certainty and Justice.

Alwandani Alwandani; Yasmirah Mandasari Saragih; Rahul Ardian Fikri

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.

Nuri Hidayati; Widi Harsono

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

Joint assets are property acquired by a married couple, husband and wife can act on their joint assets with the consent of both parties. Marital Property Law has an important position in family life even when the marriage is still ongoing. In an activity regarding money loans at a bank, there is usually a handover of debt guarantees provided by the debtor to the creditor. In this case the debtors use joint assets as collateral for their credit agreement. The purpose of writing this thesis is to determine the legitimacy of using joint assets as collateral and the status of these joint assets by analyzing various sources of applicable law in Indonesia. In this analysis, it was found that joint assets used as collateral for credit cannot be processed in terms of assets back and forth until the obligation debt of debtors is completed.

Arief Fahmi Lubis

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

Examined through the prism of national security, the imperative emerges for the Indonesian National Armed Forces (TNI) to play a central role in addressing conflicts in Papua, harmonizing effectively with their fundamental mission of promoting the well-being of the local populace. This study aims to establish that achieving resolution in Papua necessitates the implementation of two parallel approaches. In this study, the researcher employs a qualitative method with a descriptive approach. The data is systematically, factually, and expeditiously collected following the contextual conditions prevalent during the research period. The findings underscore the viability of conflict resolution in Papua through the dual avenues of military operations for war and military operations other than war, both executed by the TNI soldiers.

Evi Dwi Hastri; Imam Hidayat; Imam Rofiqi

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

Countries in the Indo-Pacific region are increasingly actively using digital diplomacy to build relationships Countries use digital diplomacy by referring to foreign regulations and policies used for countries in conducting multilateral diplomacy, namely the 1964 Vienna Convention on Diplomatic Relations. Apart from the main guidelines that have arisen, the main problem arises, namely in the practice of international relations, is the lack of regulations and arrangements for digital diplomacy practices for middle power countries such as Indonesia who want to strengthen their role in supporting their country's defense and security. By using the type of normative legal research and the analysis approach, this study produces findings that the need for regulations and arrangements for digital diplomacy that can support Indonesia's role in strengthening the country's defense and security

Naomi Sinclair; Jamar White

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

This article explores the challenges of developing effective cybercrime legislation in the era of rapid digital transformation. By analyzing current laws across various jurisdictions, the study identifies gaps in legal frameworks that cybercriminals exploit, such as issues related to jurisdiction, anonymity, and cross-border crime. Findings indicate that, while several nations have made strides in strengthening cybercrime laws, a cohesive international approach and consistent policy updates are essential to keep pace with the evolving nature of cyber threats. The paper advocates for enhanced international collaboration, cross-border enforcement mechanisms, and adaptable legal frameworks that can respond to future digital transformations.

Apriliyani Nur Khasanah; Setya Pramono

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

This study aims to determine the partial and simultaneous effects of motivation, discipline and facilities on the job performance of UPTDPagerbarang Clinic employees. This research is included in quantitative research using a sample of 87 UPTD Pagerbarang Oinic employees with saturated sampling technique. The data was processed with the SPSS 26.00 application using the multiple regression method. The results of data processing from this study show the results where the three independent variables have a significant  effect on improving employee performance. The results of hypothesis testing show that motivation, discipline, and work facilities have a very significant effect on employee performance. The results of the F test show that simultaneously has a significant influence on employee performance.

Diaz Riady Bukoting; Dian Ekawaty Ismail; Avelia Rahmah Y Mantali

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

This study aims to find out about the position of children who are victims of sexual abuse in view of Victimology. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study show that child abuse is one of the most destructive forms of crime, and often has a long-term impact on victims of abuse. Victimology, in its view as the study of victims of crime, plays an important role in understanding the impact of child abuse, as well as in designing effective treatment and protection approaches.. The protection of children is very important because its violation is a violation of human rights. It can be seen that the position of children towards victims of abuse in the view of victimology provides a better view of victims of crime as a result of human actions that cause mental, physical and social suffering.

Yusuf Apriyanto Bantu; Erman I Rahim; Abdul Hamid Tome

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

This article conducts a normative analysis of the Constitutional Court's Decision No. 85/PUU-XX/2022 concerning the establishment of a special electoral court within the framework of legal sovereignty theory. The objective is to scrutinize the decision's compatibility with the principles of legal sovereignty, emphasizing the universal application of law. The normative method is employed, focusing on legal documents, statutes, and constitutional provisions. The study reveals that the decision's implications raise concerns regarding the universal enforcement of law in addressing complex electoral disputes. The absence of a special electoral court challenges the effective resolution of election-related issues. This analysis contributes to the ongoing discourse on the role of legal sovereignty in shaping the electoral dispute resolution system