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Faturohman Faturohman; Mohamad Dian Ferriawan; Wahyu Setiaji

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

Provisions that protect human freedom in the continuation of their lives, as well as obtaining adequate housing, especially in maintaining what has belonged to them from the start. In the case of residential evictions in the Kampung Bayam area, legal protection for human rights has not been realized to date. The evictions carried out by the DKI Jakarta Government were carried out arbitrarily without considering the impact on residents who lost their homes and also as a form of deprivation of the economic, social and cultural (ekosob) rights of the people of Kampung Bayam. Apart from that, until now too There is no real effort yet to be seen from the government to try to restore the housing rights of the residents of Kampung Bayam. Moreover, Indonesia is a country based on the supremacy of law, which means that Indonesia should make protection and respect for human rights its main focus.

Syifah Aziza Ismail; Lisnawaty W. Badu; Julisa Aprilia Kaluku

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

This research aims to analyze the Decision of the Limboto District Court Number: 115/PID.sus/2022/PN.LBO concerning the Crime of Rape. This research is normative research with a statutory approach and a case approach, which is analyzed descriptively. The research results show that Decision Number 115/Pid.Sus/2022/Pn.Lbo is viewed from the aspect of certainty, namely, the decision does not reflect the principle of legal certainty. Considering that Article 81 (Paragraph 3) imposed in the indictment and verdict carries a penalty of 15 years in prison plus 1/3, the defendant should be subject to a sanction of 20 years in prison. Meanwhile, the prosecutor demanded 14 years, which the judge then reduced by giving a sanction of only 11 years in prison. Discussing the element of certainty is not just a moral demand, but factually it characterizes actual law and is based on the constitution, namely Article 1 Paragraph 3 of the 1945 Constitution of the Republic of Indonesia, where Indonesia is a rule of law state. Apart from that, the principle of legal certainty is said to have not been fulfilled, because the judge in giving his decision was not guided by Article 64 paragraph (1) of the Criminal Code. Furthermore, laws are essentially made and must not give rise to doubt, so as not to conflict with the objectives of the norm itself. Legal certainty refers to the consistent application of law where its implementation cannot be influenced by subjective circumstances.

Yohana Sekar Pawening; Ahmad Ahsin Thohari

Jurnal Relasi Publik 2024 International Forum of Researchers and Lecturers

Settlement of Money in Lieu aims to provide legal certainty for arrears of Money in Lieu decided by the Court as an additional punishment against the convicted person in a corruption case based on Law Number 3 of 1971 concerning Eradication of Corruption and the decision is legally binding. The author will write about the importance of negotiation and asset tracking related to Non Litigation Settlement of Money in Lieu. The research method between quantitative methods and qualitative methods to be used together in a research activity, so as to obtain comprehensive, valid, reliable and objective data. This is related to the ability of the convict or ex-convict or heirs who have arrears of compensation money to immediately resolve the arrears, which are stated in the Minutes of Negotiations conducted by the State Attorney Team of the work unit and the findings of Asset Tracking. This can be an income in the Central Government that does not come from tax revenues (PNBP) related to State Finance.

Bagas Indria Wibisono

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

This study aims to analyze the legal protection for notary service users based on the Consumer Protection Act (UUPK) and Islamic perspectives. Notaries, as public officials authorized to create authentic deeds, play a crucial role in providing legal certainty to the public. However, notaries' obligations to provide clear and specific legal guidance have not been fully implemented, resulting in inadequate legal protection for service users. Within the context of UUPK, consumers have the right to receive true, clear, and honest information, as well as the right to advocacy and protection. The Islamic perspective also emphasizes the importance of justice, transparency, and consumer rights protection, including the obligation of service providers to provide accurate information and avoid harmful practices. The research method used is normative juridical with statutory and conceptual approaches. Data were collected from various legal sources, books, journals, and relevant encyclopedias. The analysis indicates that notaries need to enhance transparency and the quality of legal guidance to ensure that consumer rights are well protected. n conclusion, notaries must provide specific, clear, and thorough legal guidance to achieve effective legal protection for their service users. This aligns with the objectives of UUPK and the principles of consumer protection in Islam, aiming to create benefits for society.

Maya Sri Novita

Desentralisasi : Jurnal Hukum, Kebijakan Publik, dan Pemerintahan 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The development of information technology has encouraged the rapid growth of online buying and selling (e-commerce) activities. However, along with the increase in digital transactions, fraud in e-commerce is increasingly prevalent. This research aims to examine the importance of legal protection for victims of fraud in online transactions and examine the effectiveness of applicable laws and regulations in providing justice and legal certainty. The research method used is a normative juridical approach with an analysis of laws and regulations, legal literature, and case studies. The results of the study show that despite the existence of legal instruments such as the Criminal Code, the ITE Law, and the Consumer Protection Law, the implementation of protection for victims still faces various obstacles, such as the difficulty of tracking perpetrators and weak law enforcement. Therefore, it is necessary to strengthen regulations, increase public legal literacy, and optimize the role of law enforcement officials in providing maximum protection to victims of fraud in e-commerce. This research recommends synergy between regulation, technology, and education as an effective legal protection solution in the digital era.

Fadhila Putri Kaban; Yusrizal Yusrizal

JURNAL EKONOMI MANAJEMEN AKUNTANSI 2024 sekolah Tinggi Ilmu Ekonomi Dharma Putra Semarang

This study analyzes the impact of the implementation of the Complete Systematic Land Registration (PTSL) Program on the property investment sector in Medan City. The PTSL program aims to provide legal certainty over land ownership rights, which leads to an increase in property value and attracts investors. This research employs a qualitative approach through direct observation during an internship at the Medan City Land Office. The findings indicate that PTSL positively contributes to the growth of property investments by enhancing legal certainty, improving bureaucratic efficiency, and increasing regional tax revenues. However, challenges such as low public awareness and limited human resources remain. Therefore, more intensive public outreach and improved staff competence are necessary to optimize the program’s implementation.

Nuna, Moh. Maskun; Moonti, Roy Marthen; Kadir, Yusrianto; Bunga, Marten; Kasim, Muslim

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

The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.

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.

Fransisko Ngajow, Malfrid Frangky; Kadir, Yusrianto; Moonti, Roy Marthen; Kasim, Muslim

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

The purpose of the research is to know and analyze the criminal liability of the perpetrator in the case of illegal mining in the Marisa District Court of Pohuwato Regency has been in accordance with the objectives of the law (certainty, benefit, and justice) and to know and analyze the factors that influence the consideration of judges in examining, adjudicating, and deciding cases of illegal mining in the Marisa District Court of Pohuwato Regency. The type of research used in this legal writing is socio-juridical legal research. Criminal responsibility of the perpetrator in illegal mining cases is very important to maintain legal certainty, expediency, and justice. Courts need to ensure that perpetrators are given sanctions appropriate to the level of offense they commit and that the sanctions are effective in preventing similar acts in the future. In addition, fair and proportional treatment of perpetrators must also be ensured to maintain the integrity of the justice system and the judge's consideration in deciding Case No. 37/Pid.Sus/2023/PN Mar was in accordance with Article 184 of the Criminal Procedure Code, namely based on legal facts, witness testimony, testimony of the defendant and instructions in the form of evidence, so that the judge's consideration in his verdict had fulfilled the elements and conditions of the defendant's conviction.

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

Egun Nofianto

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

The development of health services has developed in the last few years and continues to grow to the point of giving rise to telemedicine as a term for electronic services medium between patients and health service providers. The purpose of this research is to find the formal legal truth on the protection rights of a patient who used telemedicine services based on the Indonesian Civil Code, Health Law, and other relevant legal material sources, the study aims to determine the legal certainty of the patient using telemedicine services and legal remedies available to patients injured due to telemedicine malpractice. The research method used is normative or doctrinal and involves relevant approaches such as the statute approach, conceptual approach, theoretical approach, and analytical approach which use various legal material sources including primary and secondary legal material, particularly such as legislation, regulation, various legal theories, legal principles, doctrine, and scientific works of scholars including journals, articles, and practice guides.

Tampubolon, Steven Paulus Hamonangan; Hartanto, Hartanto

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

Article 33 (3) of the 1945 Constitution of the Republic of Indonesia, is clear that the welfare of the people must be prioritized, however, the problem of mineral and coal mining, at the conceptual level, has not shown an impact on the welfare of the Indonesian people; The author appreciates this change in law. Currently, corruption related to mining has emerged again, namely a loss of IDR 271 trillion, which according to Bambang Hero S. is still an environmental loss or a loss to the country's economy. When compared to BLBI of 138 trillion and Asabri of around 22 trillion, this means that the trading system of tin as one of the mining commodities is the biggest corruption, which was unexpected by the public, but suddenly emerged after the election. Departing from the 1945 Constitution which uses the principle of managing oil and gas resources for the benefit of society and the state. So the problem formulation is how problematic occurs in changes to the regulations of Law no. 4 of 2009 until now it has become Law no. 3 of 2020. At the norm level, changes to the law have accommodated the principles of sustainability and legal certainty, even though implementing regulations do not yet exist. Returning to legal problems in Indonesia, problems often arise in the application of the law, not at the normative level.

Sri Winda Latif; Lisnawaty w Badu; Ahmad Ahmad

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

This research is intended to: (1) find out how the review of the imposition of criminal sanctions for abuse of authority by village officials is based on the Gorontalo District Court Decision Number 1/Pid.Sus TPK/2020/PN Gto, and (2) find out what factors influence the imposition of crimes on Gorontalo District Court Decision Number 1/Pid.Sus-TPK/2020/PN Gto. This research uses a type of normative legal research that uses legal norms, including statutory regulations, doctrine, and judge's decisions as a foundation for providing arguments. The approach models used are the statutory approach, case approach and conceptual approach. The research results show: first decision no. 1/Pid.Sus TPK/2020/PN Gto, is not completely correct because prison sentences tend to be low and do not comply with legal principles and harm the sense of justice in society. Apart from that, the implications of the judge's decision in decision no. 1/Pid.Sus TPK/2020/PN Gto, if examined from the perspective of the principles of justice, expediency and legal certainty, these principles have not been fully implemented because it can be seen from the low number of judges' sentences against defendants. Second, the factors influencing the imposition of criminal sanctions in case no. 1/Pid.Sus TPK/2020/PN Gto, it was the absence of aggravating reasons applied by the panel of judges, and the public's perception or opinion of the defendant not being considered, which resulted in the sanction imposed being only 3 (three) years in prison.

Yadika Fredera Sebayang; Abdul Razak Nasution

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

The correctional system aims to restore prisoners, especially women prisoners, as good citizens, and also aims to protect the community against the possibility of criminal acts by prisoners, especially women prisoners. As well as an application and an integral part of the values contained in Pancasila. From some of the possibilities that occur, the government changed the role to the Correctional Institution, meaning that the convicts are placed together and the placement process and activities according to the schedule since the convict entered the institution, in addition to the length of serving the sentence. Although this institution is not directly related to law enforcement, it plays a major role in creating public order in legal life. This research is focused on literature studies or document studies because this research is mostly carried out on secondary data and Primary Data as a trap, the data to be obtained in this study were collected by means of library research (Library Research) The library material referred to consists of primary legal materials, namely related legislation in accordance with the Criminal Code. The research specification used is descriptive analysis, namely describing the results of research with data that is also complete and as detailed as possible. Description is intended for primary, secondary and tertiary data related to legal certainty about the rights of women prisoners in Lubuk Pakam correctional institutions legislation and theories that have been relevant. The presence of Class IIB Lubuk Pakam Correctional Facility is expected to be able to provide good and appropriate guidance to prisoners and provide information to the public about the implementation of inmate guidance in detention centres through mass media and newspapers or other means in accordance with the intention of changing the public's view of prisoners, that prisoners can return to society without discrimination. The implementation of women prisoners' development in Lubuk Pakam Penitentiary contains several procedures starting from the reception of prisoners, registration to the next stage of the implementation of prisoners' development. In the implementation stage itself consists of stages, namely the initial stage of teaching prisoners to have religious and legal awareness, the advanced stage which gives direction to prisoners to always display their talents and skills so that when in the Penitentiary, prisoners have positive activities to do.

Adistia R. Nur; Nur Mohamad Kasim; Dolot Alhasni Bakung

Nusantara Mengabdi Kepada Negeri 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aim of this activity is to provide an understanding of the fair distribution of inheritance in cases of fighting over inheritance rights using several types of settlement methods. To give people an understanding that the position of a will is very important in Indonesia and even if it is not carried out according to existing procedures then the will is not legally valid. This type of research is normative-empirical legal research. According to Abdulkadir Muhammad, what is meant by normative-empirical legal research (applied law research) is research that uses normative-empirical legal case studies in the form of legal behavioral products. The results of the research obtained regarding the granting of wills that did not comply with procedures were that there were conflicting norms due to the public's lack of understanding of the regulations for granting valid wills. In conclusion, the legal status of wills will be very well maintained if the community is able to apply the legal procedures that the law has established because everything we do will definitely be directly related to the law, as we know as citizens of Indonesia, we are a country that upholds the law. justice for human rights, in its application laws are made to provide legal certainty to the community, it only remains for the community itself to be able to implement it or not, because if seen from a civil law perspective, everything that is done by humans is not in accordance with the law. existing then the action can be null and void by law.

Arif Bijaksana

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

The purpose of the study was to examine and analyze the legal protection of the wife's inheritance rights from unregistered marriages associated with the function of registering marriages with a comparative study of Islamic Fiqh and Law No. 1 of 1974. The research method of this writing is a normative juridical research that refers to the Qur'an. , Al-Hadith, Books of Fiqh, Legislation and related books that are relevant to this research. The data analysis technique used is a literature study which was analyzed qualitatively. The results of this study are that the second wife's inheritance rights from unregistered marriages are associated with the function of registering marriages. They have the right to inheritance which is owned jointly by the inheritance in the form of husband's innate property and joint property obtained by the second wife and her husband during the marriage period for the sake of a sense of justice and legal protection, legal protection of the second wife's inheritance rights in this study that to obtain inheritance rights and recognition to legalize marriages to religious courts. the results of the marriage itsbat as the legal basis for recording the marriage to the marriage registrar at the Office of Religious Affairs, then a Marriage Certificate Quotation Book is issued as authentic evidence that a marriage has been registered. So the legal protection and legal certainty of the second wife's inheritance rights from unregistered marriages associated with the function of recording marriages can obtain legal inheritance rights.

Adlia, Lia Trizza Firgita; Tarring, Anisah Daeng; Soraya, Anugra

DINAMIKA HUKUM 2024 Universitas Stikubank

Notary and PPAT in Engagement between Debtor and Creditor. This study aims to determine, and analyze the extent of the authority of Notaries and PPATs in Creditor Agreements between Debtors and Creditors and the position of Cooperation agreements between notaries and PPATs with Banks according to Positive Law. This study uses a normative juridical approach. The juridical approach is used to analyze various principles and theories related to the problems studied. The research results show that notaries and PPATs in the credit agreement system between creditors are carried out to provide legal certainty. The role of the notary and PPAT is also as the authorized party to check the collateral in the form of Mortgage to ascertain whether the collateral is valid in the eyes of the law or not. The position of notary and PPAT cooperation agreements with banks according to the Civil Code and the Principles of Freedom of Contract are binding and valid based on applicable regulations.

Cindy Sara Nauolim; Siti Ramlah Usman; Yossie M.Y. Jacob

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

The price difference between the price tag and the cashier's price that occurs at Suba Suka Store is a form of violation of consumer rights, so that legal certainty is needed to protect the rights and obligations of consumers and business actors. The formulation of this research problem are: (a) How is legal protection for consumers who experience price differences between price tags and cashier's prices according to Law Number 8 of 1999 concerning Consumer Protection? (b) What is the responsibility of business actors regarding price differences between price tags and cashier's prices experienced by consumers at Suba Suka Store, Kupang City? The objectives of this research are:  (a) To determine the legal protection for consumers who experience price differences based on Law Number 8 of 1999 concerning Consumer Protection; and (b) To determine the form of responsibility of business actors in handling the problem of price differences at Suba Suka Store in Kupang City. The results showed that (a) Legal protection for consumers who experience price differences is clearly regulated, but in its implementation based on existing provisions, it has not been carried out properly because there has been no complaint to be resolved directly by the authorized party, namely BPSK at the NTT Provincial Disperindag, so that when consumers file a complaint (b) the form of responsibility of the Suba Suka Store is to provide prices according to what is found by the store, the rest is the right of consumers to decide to continue or cancel the transaction. The conclusions in this paper are: (a) The legal protection provided has not been implemented properly because it has never been resolved by the authorized party, either directly or indirectly (b) errors in the price tag and cashier's price are things that need to be paid attention to again by the Suba Suka Store to become their full responsibility to solve the problem of price differences that occur. The author's suggestions (a) it is necessary to increase supervision and provide socialization about consumer protection (b) every business actor pays more attention to replacing price tags (c) consumers are expected to be smarter and increase awareness when they realize their rights are being violated (d) to further researchers so that they can continue this research to support this thesis.         

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.

Nurul Syazwani Sabang; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

Jurnal Hukum dan Sosial Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to find out what the legal consequences are of bad credit agreements where mortgage rights are not registered at the Gorontalo City National Land Agency office and to find out the factors that cause mortgage rights not to be registered. The type of research used is Normative Empirical research, using data types consisting of primary data, secondary data and tertiary data. Data collection techniques were carried out using interview, observation and literature techniques. Then the data is analyzed descriptively or provides an overview or explanation of the research subjects and objects as the results of the research conducted. The results of this research show that cases of bad credit agreements where mortgage rights were not registered at the national land agency office have occurred in the city of Gorontalo. So the legal consequence obtained from this case is that the bank as the creditor cannot prosecute in court because the mortgage which is used as collateral is not registered. Clearly this is detrimental and does not provide legal certainty for both parties concerned, especially because registration of mortgage rights determines the birth of mortgage rights. Then there are several factors that cause the mortgage rights not to be registered, namely, negligence on the part of the land owner, administrative obstacles, financial difficulties, approval from related parties and so on.