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Zainudin Hasan; Daniel Junesco

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

Corruption is a serious issue that hinders development and disrupts the social order in Indonesia. Efforts to prevent corruption rely not only on law enforcement but also on character building and the instillation of integrity from an early age. Education in schools plays a crucial role in shaping young generations with integrity and an awareness of anti-corruption values. Through a curriculum that emphasizes moral values, ethics, and social responsibility, schools can serve as the foundation for creating a society free from corruption. Anti-corruption education must become an integral part of the national education system. As a recommendation, the government and relevant stakeholders should strengthen the implementation of anti-corruption education in schools by providing teacher training and developing age-appropriate materials for students. The suggestion needed is to provide training to security guards and canteen guards, so that students get better anti-corruption education.  

Septiano Andreas Hendrata

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

This article discusses the crucial role of security guards and canteen vendors in building anti-corruption character among the youth in educational environments. In an era where corruption poses a serious problem across various sectors, character education based on anti-corruption values becomes imperative. Security guards, as the frontline protectors in schools, serve not only to maintain security but also to exemplify good behavior for students. Meanwhile, canteen vendors can influence students' attitudes toward integrity and transparency through honest business practices. Through the collaboration of both parties, it is hoped that a conducive school environment for instilling anti-corruption values can be created. The conclusion of this article is that the active involvement of security guards and canteen vendors significantly contributes to shaping students' anti-corruption character. Recommendations include the need for training and socialization regarding anti-corruption values for both parties to enhance their roles in character education.

Citra Rahmatul Ummah; Siti Ramlah Usman; Husni Kusuma Dinata

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

This study aims to analyze and find out the analysis of the process of determining polygamous marriage at the Larantuka Religious Court, East Flores Regency. This type of research is an empirical research that uses primary, secondary and tertiary data collected using interview techniques and literature studies and analyzed in a qualitative descriptive manner. The results of the study show that (1) The process of determining polygamous marriage consists of information services, case acceptance and trial activities (2) Factors that affect people not to apply for the determination of polygamy in religious courts, namely lack of knowledge, related to customs and complicated management.    

Astri Yulisti Datau; Mutia Cherawaty Thalib; Julisa Aprilia Kaluku

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

This research discusses the wife's right to support after polygamy from the perspective of legal protection. Marriage is a sacred thing that gives rise to rights and obligations for husband and wife, one of which is the husband's obligation to provide support for his wife. However, in practice, there are still cases where the legal wife does not receive support from her husband after the husband commits polygamy. This shows that there are problems in fulfilling the wife's right to support after polygamy. This research aims to analyze the legal protection of legal wives' rights to support after polygamy. The research method used is an empirical method with a statutory and case approach, and uses observation and interview data collection techniques. The research results show that legal protection for legal wives' rights to support after polygamy is inadequate, both in the Marriage Law and the Compilation of Islamic Law.

Marchela Sarianti Tungga; Yossie M. Y. Jacob; Husni Kusuma Dinata

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Transactions are legal acts using computers, computer networks, and/or other electronic media. One of the online shopping trends in Indonesia now is shopping using a live broadcast system via the social media Facebook. The system is where the seller displays the goods being sold and states the condition, the type of material, and the price determined by the seller. And if there are interested buyers, there will be a sale and purchase agreement between them. The formulation of the problem in this research is (1) How to implement agreements in online buying and selling transactions via live broadcasts on Facebook. (2) What are the obstacles to implementing the agreement in protecting the rights and obligations of buyers and sellers in online buying and selling transactions via live broadcasts on Facebook?This research is empirical juridical research, with data obtained by interviewing 16 respondents and supported by primary and secondary data, quantitative analysis, and description. The results of this research show that: (1) Implementation of responsibilities for the parties in the sale and purchase agreement at Vmshop-Kupang. Where the implementation of responsibilities has been well regulated in the mutual agreement in the agreement made, but the implementation is still less effective and things are still found that are detrimental to online buyers. (2) The inhibiting factor in implementing the sale and purchase agreement on the Vmshop-Kupang Facebook account is the lack of awareness on both sides regarding the importance of the agreement as a value that protects both parties, namely online buyers and online sellers if a dispute occurs in the future and other factors, namely The time to make a letter of agreement takes a very long time and is complicated so that both parties carry out the agreement with a system of trust without thinking about what will happen in the future.Online buyers must pay proper attention to the procedures for carrying out online buying and selling transactions and the rules that exist in buying and selling transactions as well as the importance of written agreements.

Ainun Blegur; Yohanes G. Tuba Helan; Rafael Rape Tupen

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Currently, the level of use of means of transportation in Indonesia is quite high, this can be found in daily life. Almost all the time we see a large number and type of vehicles popping up. This research is (1) normative research so that the data source used is a secondary data source obtained from company records, (2) empirical research so that the data source used is a primary data source obtained from the results of interviews. The results of this study show that: (1) The Regulation of Motor Vehicle Tax Collection Procedures in Kupang City is carried out based on Presidential Regulation Number 5 of 2015 concerning the Implementation of the One-Stop Manunggal Administration System by going through the stages of registration, examination of registration files, data collection, determination and control of SSPD, re-examination of SSPD and affixing of paragraphs, payment, control of SKPD, endorsement, and finally archiving, (2) The first inhibiting factor namely economic factors where there are taxpayers who have low income, high dependent burdens and unstable sources of income. The second factor is weak compliance or legal awareness of taxpayers.

Sara Christiany Nggauk; Orpa J. Nubatonis; Chatryen M. Dju Bire

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

The use of anime as a business mark without the permission of the creator or copyright holder of the anime is an infringement of copyright. Copyright infringement of the use of anime as a business mark may be subject to criminal sanctions and/or civil sanctions. The type of research that the author uses is Normative legal research (Library Research) which is carried out by examining library materials (secondary data) or legal materials such as reviewing theories, laws and regulations (law in book) related to this writing through literature studies. The legal consequences of using anime as a business brand without permission can be subject to sanctions which are based on Law Number 28 of 2014 concerning copyright described in Article 9 paragraph (1), Article 112 paragraph (1), Article 113 paragraph (1), also in Law Number 20 of 2016 concerning trademarks and geographical indications which are regulated in Article 100 paragraph (1), (2) and (3).Before using anime as a trademark, business actors must ensure that they have obtained official permission from the copyright holder to avoid the risk of legal sanctions.

Andini Zaskia Karim; Daud Dima Tallo; Heryanto Amalo

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

This study aims to find out and analyze criminal liability for military members who commit criminal acts of persecution together that result in serious injuries in the Jurisdiction of the Military Court III-15 Kupang. This research uses an empirical juridical approach, which is research whose data is obtained through efforts to investigate the reality in social life. The results of the study show that criminal liability in the Crime of Persecution committed by Military Members against civilians is resolved according to military disciplinary sanctions, namely temporary detention and administrative sanctions, and is also resolved by criminal sanctions, namely the Defendants are subject to 351 paragraph (2) Jo Article 55 paragraph (1) to 1 of the Criminal Code with a prison sentence of Defendant-1 for 1 (one) year and 2 (two) months,  Defendant-2 for 10 (ten) months and Defendant-3 for 8 (eight) months is reduced as long as the Defendants are in temporary custody. The Judge's consideration in imposing a verdict on the criminal act of persecution against civilians based on decision number 17-K/PM. III_15/AL/2023 uses 2 (two) types of considerations, namely Juridical Balance, which is based on the indictment of the Military Inspector, the testimony of witnesses, the testimony of the defendants, and also the existence of several pieces of evidence, while the consideration of Non-Juridical considerations is based on matters that can be aggravated and things that can be mitigated.

Maria Shevilla Putri Dewa; Kotan Yohanes Stefanus; Yohanes G. Tuba Helan

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

This study aims to find out and analyze the Regulation of the Health Management System in Realizing Public Health at the dr. Hendrikus Fernandez Regional General Hospital, East Flores Regency. This research is a normative juridical research using secondary data consisting of primary legal materials and secondary legal materials collected through literature research in the form of books, laws, legal journals, research-related articles and several from internet sites and other reading sources. The collected legal materials are analyzed qualitatively juridically using a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach) based on laws that are relevant to theories, legal concepts and principles of problems. The results of this study show that: (1) From the aspect of health management regulation, the lack of support for health management which is the influence of performance is not good.  (2) From the aspect that is a factor that hinders the service, the poor arrangement makes the service not good so that there is a lack of satisfaction from the community. 

Dian Maranatha Fallo; Heryanto Amalo; Darius A. Kian

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Extraordinary Crime is a label given to the crime of corruption. This is because corruption can hamper the economic life of the nation and state. Therefore, the eradication of corruption cannot be handled in the usual way but through an extraordinary handling. Corruption is a serious problem that can threaten the continuity of the Indonesian nation, coupled with the fact that the perpetrators of corruption are officials of government agencies who have a duty to foster and serve the community for the fulfillment of justice and public welfare. One of the easy targets for people who commit corruption, namely officials of government agencies in launching their actions, is the procurement sector of government goods and services. As happened in the procurement of shallot seeds in Malaka Regency in the 2018 fiscal year involving government agency officials and private parties.The problem formulations in this study are: (1) Factors causing corruption in the procurement of government goods and services, namely the procurement of shallot seeds in Malaka Regency (2) The impact of corruption in the procurement of shallot seeds in Malaka Regency (3) Countermeasures to improve the process of procurement of government goods and services in Malaka Regency.The writing of this thesis uses a type of juridical-empirical research with a case approach method, so that it is based on applicable laws and regulations and data obtained in the field. The case approach taken in this research is related to the corruption case of shallot procurement in Malacca Regency in the 2018 fiscal year.The results of the study show that the factors causing corruption in the procurement of shallot seeds in Malaka Regency are the intention of the defendants, the existence of authority and the opportunity for corruption. The impact of corruption in the procurement of shallot seeds in Malaka Regency is a state loss of Rp. 4,770,725,000.00 (four billion seven hundred seventy million seven hundred twenty-five thousand rupiah), not only limited to state losses but also losses felt by the community and government agencies involved in the corruption case of shallot seed procurement, namely the Government Goods / Services Procurement Section at the Regional Secretariat of Malaka Regency and also the Agriculture and Food Security Office of Malaka Regency. Therefore, efforts to eradicate corruption in the procurement of goods and services of the Malaka district government are not only carried out by the government alone, but also involve the active role of the community in preventing corruption in the government goods/services procurement sector and also countermeasures involving cooperation between the Malaka district government and the Malaka district police.

Ayu Wulandari; Siti Ramlah Usman; Helsina Fransiska Pello

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Installment Credit with Fiduciary System at Pegadaian (Pawnshop) is quite popular among the public, especially for small and medium enterprises, as it provides easy and fast financing services. The purpose of this study is to understand the implementation of the Fiduciary System Installment Credit Agreement at PT. Pegadaian Larantuka. The theoretical benefit of this research is to provide information for the development of legal knowledge, particularly in the field of civil law regarding Fiduciary System Installment Credit at pawnshops, while the practical benefit is to contribute ideas and suggestions for relevant stakeholders, especially customers. The research method used is empirical research. The data used in this study are based on the relevance of the data sources, which include primary, secondary, and tertiary data. The results of the study indicate that the implementation of the fiduciary system installment credit agreement at PT. Pegadaian Larantuka is offered to individuals who have been running a business for at least one year. The process starts with the prospective customer applying for credit, followed by Pegadaian analyzing the applicant's profile. The prospective customer then completes the necessary requirements and signs an agreement form, binding both parties to a specific object. The factors hindering the proper implementation of the KREASI agreement are typically caused by the customer or debtor's default, which may result from financial issues, negligence, economic conditions, or other unforeseen circumstances.

Margreth Thatcer Appah; Bhisa Vitus Wilhelmus; Darius Antonius Kian

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The ease of access and availability of online game s on the internet opens up new opportunities as well as challenges. This challenge arises because not all online games are suitable for people to play. Many online games contain negative elements, such as violence, hate speech, and pornography. The provisions in Law No. 1 of 2024 on the Second Amendment to Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions are the main basis for countermeasures in cyberspace. The type of research the author uses is Normative Legal Research (library research). This research is also called a document study conducted by examining library and secondary materials, especially written regulations or other legal products. The results show that the rapid growth of online gaming has led to serious problems such as the spread of hate speech, bullying, and pornographic content. The lack of clarity in regulations makes it difficult to enforce the law against criminals in the online gaming realm. To overcome this problem, collaboration between various parties is needed, with an emphasis on increasing the capacity of law enforcement, developing digital forensic technology, improving regulations, and increasing legal awareness among the public.

Sarah Magfirah Daud; Nur Mohamad Kasim; Weny Almoravid Dungga

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

The integration of local wisdom in the role of village heads as mediators of industrial relations disputes is an effective strategy in rural conflict resolution. Local wisdom, which is a community's traditional knowledge and practices, can be used to understand and resolve complex conflicts. The village head, as a respected figure with traditional knowledge, can serve as an effective mediator in resolving industrial relations disputes. The results show that village heads play an important role as mediators by integrating local wisdom principles such as deliberation, mutual cooperation, and harmony in the mediation process. The custom-based approach proved effective in reaching an agreement that was acceptable to both parties and maintaining social harmony in the village. However, challenges arise when dealing with large companies or disputes involving formal legal aspects. This research provides new insights into the potential integration of local wisdom in the resolution of industrial relations disputes at the village level, as well as the implications for the development of a more contextualized alternative dispute resolution system in Indonesia. The analysis will discuss how the integration of local wisdom in the role of the village head can improve the effectiveness of conflict resolution in rural areas.

Apri Aji Setyawan; Zainal Arifin Hoesein

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

This article examines the impact of the common law legal system on the development of law in Indonesia, focusing on how elements of the system have influenced national legal practice and theory. This study uses a qualitative approach through document analysis and literature studies related to the history of Indonesian law and legal practice in common law countries. The results of the study indicate that although Indonesia adheres to a civil law legal system, the influence of common law is visible in certain aspects, such as the principle of precedent, legal interpretation, and the application of customary law. In addition, this study also explores how the integration of common law elements can enrich the dynamics of Indonesian law, especially in the context of legal reform and the achievement of substantive justice. With a better understanding of this influence, it is hoped that recommendations can be produced for the development of a legal system that is more responsive and adaptive to the needs of society.

Rochmadi Rochmadi; Zainal Arifin Hoesein

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

Responsive law in Indonesia is an approach that aims to adapt the legal system to the dynamics and needs of a growing society. This article analyzes how the application of responsive law can improve justice and the effectiveness of law enforcement in Indonesia. The methodology used in this study includes a qualitative analysis of existing legal policies, in-depth interviews with legal practitioners, and case studies from several regions in Indonesia that apply the principles of responsive law. The results of the study indicate that the application of responsive law is not only able to answer emerging social challenges, but also strengthen the legitimacy of law in the eyes of the community. By integrating the values of justice and local needs in the law-making process, it is hoped that the Indonesian legal system will become more inclusive and responsive to community aspirations. This study recommends the development of more flexible and adaptive legal policies to ensure more equitable justice throughout Indonesia.  

Donny Widianto; Zainal Arifin Hoesein

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

The theory of legal positivism plays a crucial role in the development of modern legal thought by emphasizing the importance of written and systematic norms in law enforcement. This approach is based on the assumption that the law is the product of regulations made by state institutions, as stipulated in various laws, including the 1945 Constitution, the Criminal Code (KUHP), and Law Number 12 of 2011 concerning the Establishment of Laws and Regulations. The methodology used in this study is qualitative analysis through literature studies and interviews with legal experts to explore the understanding of the application of positivism theory in legal practice in Indonesia. The results show that although positivism provides a strong framework for legal analysis and supports legal certainty, there are still significant challenges related to the application of the values of justice and morality in the legal system. This study concludes that to achieve social justice, there needs to be an integration between positivism and moral principles in modern legal practice.

Sauzan Vidya Rastratama Mitra

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

In today's era of globalization, cases of sexual violence against children are becoming more and more concerning, making parents have to be more vigilant in protecting their children. Children who often watch various pornographic or immoral shows will be easily motivated to practice what they see on their cellphone screens through the internet media, allowing violations of the norms that live in society and religious teachings, including sexual violence, the majority of whose victims are still children. This can be seen from the lack of filtering of the types of media that can be watched by children. Communication is one solution in preventing sexual violence against children. In addition to communication being established so that a family can be open and harmonious, in this case communication is very important for the role of parents to be able to provide protection to children through communication between the two so that parents can equip and protect children from crimes that lurk children. So parents need to communicate and monitor the actions taken by children in their daily lives, especially things that are attached to the child, especially cellphones, which are currently very close to children in the process of playing. So in this study, an in-depth analysis was carried out on the factors that caused acts of sexual violence committed by children in learning about one of the cases in Kapanewon Tanjungsari, Gunungkidul Regency.

Mutiara Berta; Nida Handayani

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Employee performance is a benchmark for an organization or company in assessing the success of an organization. The Secretariat of the Pan Faction of the House of Representatives of the Republic of Indonesia is the main activity of the agency to evaluate the performance of employees and the board. There are problems in this study, namely errors in work, the amount of work that is overloaded because it is not supported by unbalanced human resources, then the problem of missed communication. The purpose of this study is to know and analyze how employees perform at the Secretariat of the Pan Faction of the House of Representatives. This study uses the theory of T.R. Mitchell (1978) in Sedarmayanti (2001) the indicators used in this study are service quality, communication, speed, ability, initiative. This research method uses qualitative descriptive techniques with data collection from interviews, observations and documentation. The results of this study show that the principle of service quality in employee performance pays attention to the servants provided in doing work. In the principle of communication, employees can easily carry out good communication so as to make it easy to be able to understand the goals and words given by employees, but there are still shortcomings in communication, namely missed communication. In principle, speed in doing work as a whole is good enough, where the work is carried out on a schedule that has been set in the planning. In principle, the ability of employees is able to use computer facilities well, but sometimes they are still not careful in their work, causing errors such as data input. Initiative in doing their respective jobs is quite good where employees do not procrastinate work, and help other teams in completing work.

Carla Nggeolima; Siti Ramlah Usman; Yossie M.Y. Jacob

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

This study aims to find out and analyze the legal protection for consumers against the circulation of children's syrup drugs that cause acute kidney failure in BPOM Kupang City. This study is an empirical legal research that is analyzed in a qualitative descriptive manner using primary data and secondary data obtained from interviews and literature studies. The results of this study show (1) legal protection for consumers over the circulation of children's syrup drugs, which causes acute kidney failure which is known that consumer protection in Indonesia currently according to researchers is still not running well. (2) the responsibility of the Food and Drug Supervisory Agency in providing protection for children's syrup drugs that cause acute kidney failure which is known to indicate that BPOM's task of supervising drugs is not effective because there are still many cases of dangerous circulation of children's syrup drugs.

Anjelina Wora Roi Wani; Daud Dima Tallo; Heryanto Amalo

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

This study aims to find out and analyze the impact of the overcapacity of correctional institutions on the development of Class II Ende prison residents reviewed from Law No. 22 of 2022. This research uses a type of empirical juridical research by conducting field interviews with the Class II B Ende Prison and its Correctional Assisted Citizens, then conducting a study of literature materials by reading, studying, studying, and analyzing literature to develop an assessment related to the title of this thesis. The results of the study show that the impact caused by overcapacity affects the comfort of WBP due to congestion in residential spaces, affects the psychological well-being of WBP, the difficulty of WBP obtaining access to coaching in the independence development program, and also affects the level of security of WBP and Prison Officers, to overcome that the Class II B Ende Prison makes efforts by implementing matters related to regulations on coaching that stated in Law No. 22 of 2022 concerning Corrections, optimizing the effectiveness of alternative criminal penalties other than prison sentences and evaluating and continuing to develop coaching programs in prisons.