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Luthfia Rizky Amanda Tjoei; Vika Jeny Putri Anastasya

Jurnal Inovasi Riset Ilmu Kesehatan 2024 Pusat Riset dan Inovasi Nasional

This article discusses the advancement of reproductive technology, especially in vitro fertilization (IVF) and surrogate motherhood, and their legal, ethical, and religious implications. IVF and surrogate motherhood are technologies that offer solutions for couples facing infertility problems, but also pose major challenges in social and moral aspects. This article uses a descriptive approach to analyze various perspectives related to these practices, including the Islamic view that tends to allow IVF with certain conditions, but rejects surrogate motherhood. This study finds that although reproductive technology offers new hope, it is important to adjust regulations by considering legal, medical, and religious values ​​so that this technology can be applied wisely and humanely.

M. Kholidul Azhar; Ansori Ansori; Nivarica Aurel Nur Syahputri

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

Bid rigging, an illegal practice that undermines the principles of fair business competition, is widespread in government procurement of goods and services. The actions of business actors who deliberately control tender winners not only harm the state, but also deprive consumers of their right to obtain quality products and services at competitive prices. This research in-depth analyzes the practice of bid rigging in the perspective of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition, especially Article 22. Using a statutory approach, this research reveals the impact, forms and legal sanctions on the practice. bid rigging in the procurement of government goods and services. It is hoped that the results of this research can provide effective policy recommendations to prevent and take firm action against the practice of bid rigging, so as to create a healthy and fair business competition climate.

Zulfa Sukarno; Fahma Nabila; Cleo Rafhael Putri Rahmanata

Ikhlas : Jurnal Ilmiah Pendidikan Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study examines the legality of pig valve transplantation in humans from an Islamic perspective, with the aim of understanding the differences of opinion that exist among scholars and medical professionals. This literature review identified two main views: first, arguments in favor of the use of pig valves in emergency situations, which adhere to the principle that patient safety should be the top priority. Proponents of this view argue that in critical conditions, such as heart failure, the use of pig valves can be justified to save lives, given the limited halal alternatives available. Second, there is a view that rejects the use of pig valves, arguing that the laws of halal and haram in Islam cannot be ignored, even in a medical context. Opponents argue that more sharia-compliant solutions should be sought, such as the use of valves made from synthetic materials or halal animals. This study shows that the legal issue of pig valve transplantation is multidimensional, encompassing medical, ethical, and religious aspects. Therefore, a constructive dialogue is needed between scholars, medical practitioners, and the community to find a solution that is acceptable to all parties, while respecting Islamic principles in medical decision-making.

Irna Pramayora; Deppa Ringgi

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

The Implementation of Smoke-Free Areas (KTR) is an important effort in tobacco control to protect the public from the dangers of smoking. This research aims to analyze the comparative implementation of KTR regulations between Indonesia and Singapore using Lawrence M. Friedman's legal system approach, which includes components of legal substance, legal structure, and legal culture. The research method employed is normative juridical with a comparative legal approach, using secondary data collected through literature study and analyzed qualitatively. The research results show that in terms of legal substance, KTR regulations in Singapore are more comprehensive and stringent with heavy sanctions, while in Indonesia they remain partial with relatively light sanctions. In the legal structure aspect, Singapore has a more effective system of supervision and law enforcement with technological support and adequate human resources, whereas Indonesia still faces coordination challenges between institutions and limited supervisory personnel. From the legal culture perspective, the level of awareness and compliance of Singaporean society towards KTR regulations is higher compared to Indonesia, which is still influenced by a permissive culture towards smoking behavior.    

Syah Awaluddin; Moh Yamin Rumra; Moh Zidan Rumra

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2024 LPPM Universitas 17 Agustus 1945 Semarang

The phenomenon of hoaxes in the digital era has become a serious threat to social stability, democracy, and national security. Although the government has implemented various regulations, such as the Electronic Information and Transactions Law (UU ITE), the spread of hoaxes is still difficult to control. This article analyzes the development of legal awareness in overcoming hoaxes in Indonesia from a criminological perspective. With a literature study approach, this study highlights the weak legal awareness of the community as the main factor in the spread of hoaxes. Empirical studies show that political hoaxes dominate, with 55.5% of the total hoaxes identified in 2023, while 65% of hoaxes spread through closed WhatsApp groups. Criminological analysis uses several theories, such as the Theory of Crime Routines, Anomie Theory, and Differential Association Theory, which explain how weak social control and low legal culture make it easier for individuals to be involved in the spread of hoaxes. The results of this study recommend strategies to increase legal awareness through the integration of digital literacy in education, collaboration between the government and digital platforms, and strengthening policy-based regulations such as the NetzDG Law in Germany. With a systematic and data-based approach, it is hoped that public legal awareness will increase, so that it can reduce the spread of hoaxes and create a healthier and more responsible digital environment.    

Mokhamad Naufal Islami; Ali Masyhar Mursyid

Jurnal Riset sosial humaniora, dan Pendidikan (Soshumdik) 2024 LPPM Universitas 17 Agustus 1945 Semarang

Law No. 20 of 2001 has institutionalized the provision of the death penalty for corruptors under certain circumstances. This research analyzes juridically the application of the death penalty against perpetrators of corruption from a normative, positive law, ethical, and religious perspective. The method used is a normative juridical approach with secondary data. Data analysis is carried out systematically to identify themes and formulate operational hypotheses. The results showed that the death penalty in the corruption law has been regulated for certain circumstances. Still, its implementation faces constitutional challenges from three critical perspectives: the Pancasila legal state framework, the 1945 Constitution's provisions on the right to life, and human rights principles. International frameworks such as the ICCPR, various legal interpretations, and religious approaches enrich this debate. In conclusion, applying the death penalty for corruption offenders in Indonesia cannot be implemented due to constitutional dilemmas arising from these various perspectives, thus requiring reformulation and in-depth study of legal norms and human values

Hamam Hamam

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

The purpose of this research is to find out Al-Shatibi's fatwa perspective. This research uses a type of library research. The research carried out is descriptive in nature where the researcher collects words instead of a series of numbers for this research, which in essence these words can provide an overview or present existing problems and solutions. The data analysis used is content analysis. A fatwa is a response to a question asked by a fatwa seeker (mustafti>). Whether questions are asked by individuals, institutions or collectives. In general, fatwas are issued in response to questions about current shari'ah problems. The legal basis (the arguments for the enactment of a fatwa are as stated in the Qur'an). The position of a fatwa in the Islamic legal system is very important considering that social problems are increasing day by day and becoming more complex. Moreover, a fatwa is an explanation of sharia law for certain problems which are not all people can understand it. The ways to give fatwa according to al-Shatibi are divided into three: a). With the words (bi al-Qaul)., b). By deeds (bi al-Fi'il), c). and determination (bi al-Iqrar). As for determining a fatwa with words, this is the model of determining that is considered the most widely used. by a mufti>. Meanwhile, determining a fatwa by deeds occupies the position of the model of determining a fatwa by words because this second model is an explanation (al-Mus}}rih} of the first model of determining a fatwa. The concept of al-Sha>tabi>'s fatwa is a theory that was born in his time with a portrait of life that is of course different from today. Therefore, there are three things which – according to researchers – still leave "records" that need to be studied more deeply, namely al-d}aru>riyya>t al-khams, al-istiqra>' al-ma'nawi>, changes fatwa and its understanding of heresy

Ridwan Harry Simanungkalit; M. Ridwan Lubis

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

Law is defined as a rule or norm that must be followed by humans. To ensure the implementation of law in Indonesia, various legal products are needed, especially laws that regulate community activities. Firearms abbreviated as Senpi are weapons that release one or more projectiles that are propelled at high speed by gas produced by the combustion of a propellant (projectile). The problem of ownership to misuse of firearms is something that is very dangerous and high risk, resulting in fatalities in society, the increasing number of cases in recent years in Indonesia shows the importance of the seriousness of law enforcement in responding to this problem. Misuse of Illegal Firearms Ownership is regulated in Emergency Law Number 12 of 1951 concerning the amendment of the "Ordonnantie Tijdelijke Bijzondere Strafbepalinge" (STBL. 1948 No. 17) and the Former Republic of Indonesia Law Number 8 of 1948 stating that anyone who without the right to enter Indonesia makes, receives, tries to obtain, submits or tries to submit, controls, carries, has a stock of it or has in his possession, stores, transports, hides, uses, or removes from Indonesia a firearm, ammunition or explosive material, is punished with the death penalty or life imprisonment or a temporary prison sentence of up to twenty years. Police Regulation Number 1 of 2022 dated January 28, 2022 concerning licensing, supervision and control of Polri firearms, non-organic TNI-Polri firearms and security equipment classified as firearms, namely non-TNI-Polri firearms with types of non-TNI-Polri firearms including live ammunition firearms, rubber bullets, and gas bullets from the Polri. The process from ordering to handover of goods to the owner, both the legality of documents and physical control (ballistic tests) are under the supervision of the Polri. The circulation of illegal firearms among the Indonesian people requires law enforcement, especially the Police, to be more active and take early prevention measures against those who own, make, and supply illegal firearms that threaten the lives of the community due to the impacts caused by illegal firearm ownership. The case of firearm ownership against the defendant SULIS NURFITO, Ponorogo, 34 years old, Male, Jln. Swadaya Kel. Bukit Batrem District. Dumai Timur Province. Riau, Islam, Construction Workers with Decision NUMBER 2157/Pid.Sus/2017/PN Mdn sentenced to 2 (two) years and 3 (three) months in prison, making the public's perspective on the world of justice in Indonesia far from the public's expectations considering the threat of punishment for the Article applied with the threat of 20 Years in Prison with the verdict given by the judge of 2 (two) years and 3 (three) months shows that law enforcement is far from the public's expectations and does not have a deterrent effect on the defendant and other users of illegal firearms who have not been arrested by the Police.

Tifani Rizki Dianisa; Adi Sulistiyono

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

This research aims to analyze the concept of Disgorgement Fund in Indonesia, India, and the United States through a comparative legal study approach. The Disgorgement Fund is a legal mechanism aimed at returning illegally obtained profits to the aggrieved parties and serves as a form of recovery for investors. The methodology employed includes analysis of legislation, court practices, and regulatory policies in the three countries. The findings indicate that while all three countries share the same goals in the implementation of the Disgorgement Fund, there are significant differences in the implementation and legal approaches taken. In the United States, the Disgorgement Fund is detailed by the Securities and Exchange Commission (SEC), while in Indonesia and India, it is still in the developmental stage and often influenced by local social and economic contexts. This research provides recommendations for enhancing the legal framework and implementation of the Disgorgement Fund in Indonesia and India, as well as offering a broader perspective on understanding the importance of investor protection in the context of the global capital market.

Farhan Fauzi Hasbi; Fariq Nur Ulya; Abdurrahman Abdurrahman

Jurnal Budi Pekerti Agama Islam 2024 Asosiasi Riset Ilmu Pendidikan Agama dan Filsafat Indonesia

This study explores the fatwa of Sheikh Muhammad Arsyad Al Banjari in the book Sabilal Muhtadin regarding the permissibility of eating haliling (field snails) and the prohibition of eating anak wanyi (bee larvae) with a focus on the health perspective. Sheikh Muhammad Arsyad Al Banjari stated that snails are halal food, while bee larvae are considered haram. This study uses a literature study method to analyze the legal basis and health implications of both types of food. The results of the study indicate that snails can be safely consumed if processed properly, because snails are rich in protein and nutrients, but require special attention in processing to avoid the risk of infection from parasites or bacteria. Conversely, consuming bee larvae can pose health risks such as allergic reactions and dangerous toxins, and can have a negative impact on the bee population and ecosystem. The conclusion of this study emphasizes the importance of understanding fatwas from a health and ethical perspective, as well as the need for education regarding food processing practices that are in accordance with sharia principles and modern health standards.

I Gusti Made Darwin Damareksa Putra; Dewa Gede Pradnya Yustiawan

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

This research is intended to examine and gain a deep understanding of the different types of legal protections applicable to online game account transactions affected by fraud and scams, both prior to and following the establishment of agreements, by referring to the current laws and regulations in Indonesia. The scope of this legal protection includes preventive measures as well as the reinstatement of consumer rights in transactions impacted by fraud or scams, within the framework of national law. The study aims to clarify the various forms of legal protection available to consumers and the legitimacy of online game account transactions according to Indonesian law. Furthermore, the research explores the processes involved in online game account transactions and the definitions and features of scams and fraud from both civil and criminal legal perspectives. It also integrates various pertinent laws, including the Consumer Protection Law, the Information and Electronic Transactions Law, the Civil Code (KUHPerdata), and the Criminal Code (KUHP), along with recent updates to the newly established Criminal Code.

Haikal Fikri Ente

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

This research aims to find out about the forms of child exploitation that occur in the city of Gorontalo and the application of legal sanctions against perpetrators of child exploitation from the perspective of criminal law and jinayah jurisprudence. This research uses empirical legal research methods which are carried out by collecting data through observation and interviews. The results of this research show that the form of child exploitation that occurs in Gorontalo City is sexual exploitation of children. Sexual exploitation of children is the act of using children for sexual purposes in exchange for cash or other forms between children, buyers of sexual services, intermediaries or agents, and other parties who benefit from transactions involving the child's sexuality. In Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, it is explained that what is meant by sexual exploitation is any form of use of a child's sexual organs or other bodily organs to obtain profit, including but not limited to on all prostitution and obscenity activities as well as in positive criminal law, especially in article 296 of the Criminal Code, it is explained that "anyone who connects or facilitates obscene acts by another person with another person, and makes it a livelihood or habit, is threatened with imprisonment for a maximum of one year four months and a maximum fine of one thousand rupiah.” Looking at the contents, this article does not discuss or write words about sexual exploitation, but if you examine the contents of the article, it seems that this article can be categorized as an article that discusses sexual exploitation.

Fikri Dwi Fadillah; Iron Fajrul Aslami; Safiulloh Safiulloh

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

In the case of a man who killed a goat thief in Serang, Banten, namely the case of Muhyani (58), the prosecutor issued a Letter of Decision to Terminate Prosecution with the Number Tap-209/M.6.10/Eoh.1/12/2023, in which there was an identification of the problem of society still not understanding the Criminal Code regulations regarding the Reasons for Forgiveness in the elimination of criminal acts, so this research aims to 1. Understand the legal perspective on forced defense according to Article 49 paragraph 1 of the Criminal Code, 2. Know the resolution in a case of forced defense (Noodweer) then in the research, namely 1) How is the study of the form of reasons for forgiveness in criminal law in Indonesia?, 2) What are the considerations in determining the existence of reasons for forgiveness in the case of letter Tap-209/M.6.10/Eoh.1/12/2023 in the prosecutor's office and police investigation. In this thesis, the normative legal research method is used through the approach of legislation, cases, and conceptual approaches. then connected with related laws, then analyzed using legal theory, and conducting interviews. Article 49 paragraph (1) of the Criminal Code stipulates that, "No person shall be punished if he carries out an act of forced self-defense for himself or another person, his moral honor or his or another person's property, because there is an attack or threat of an attack which is very close at that time, which is prohibited by law." From the results of the study, the following conclusions were drawn: 1). Reasons for forgiveness fall within the scope of criminal abolition, and in general, criminal abolition is divided into two, namely reasons for forgiveness and reasons for justification. 2). In the case of Muhyani, a goat farmer who killed a thief, the Serang District Attorney's Office determined that the case was declared as a forced defense of his other assets as referred to in Article 49 paragraph 1 of the Criminal Code.

Hendra Harsanta; Rachmat Destriana; Ellysa Kusuma Laksanawati; Bambang Suhardi Waluyo

Jurnal Kemitraan Masyarakat 2024 Lembaga Pengembangan Kinerja Dosen

Bullying in educational institutions poses a major problem that impacts various aspects of students' lives, including their academic performance and mental well- being. This article explores oppression through legal, educational, and health perspectives while advocating multidisciplinary strategies to address it. By combining initiatives from these three areas, safer and healthier school environments can be fostered, as well as stronger support systems for those affected by bullying.

Muhammad Muzakky Zain Ali; Noenik Soekorini; Syahrul Borman

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

Law Number 17 of 2023 concerning Health brings significant changes in the handling of medical professional errors in Indonesia. This research aims to analyze the mechanism for the formation and authority of the Medical Dispute Settlement Council as well as the role of the state in Gustav Radbruch's legal perspective. The research method used is a normative juridical approach with descriptive analysis. The research results show that this law integrates various previous regulations, establishing a permanent or ad hoc assembly to uphold ethical standards and professionalism for health workers. The Assembly is tasked with handling complaints and alleged disciplinary violations before they enter the realm of criminal law, offering fairer and more efficient dispute resolution through a restorative and non-litigation approach. The role of the state is very important to guarantee justice, legal certainty and benefits, ensure that the assembly operates fairly and transparently, and provides fair legal protection for patients and medical personnel.

Rizki Nurdiansyah; Mugni Mugni; Melly Rifa’atul Lailiyah

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

The aim of this research is to find out the effectiveness of law enforcement against online gambling crimes, considering that eradicating online gambling is quite complicated because it is technology-based. Often, efforts to eradicate it have often been carried out, such as blocking online gambling sites. However, in reality this is still not optimal because until now online gambling can still be accessed. The research method used in this research is the normative juridical research method, which is a research method that focuses on the analysis of statutory regulations, legal documents and legal concepts related to a legal problem. The approach applied in this research is a conceptual approach, a type of approach that emphasizes the analytical perspective of problem solving. This approach involves understanding aspects of legal concepts that are the basis or background of the problem, and also considering the values contained in the norming of a regulation, related to the concepts used. In this research, an effort was found that can be made in terms of the effectiveness of law enforcement against criminal acts of online gambling, namely through: 1. Legal Regulation; 2. Law Enforcement; 3. International Cooperation; 4. Technology; 5. Prevention and Education; 6. Efficient Courts; and 7. Community Support. Overall, the effectiveness of law enforcement against online gambling crimes involves a series of strategies that include at least the seven points above (Legal Regulation, Law Enforcement, International Cooperation, Technology, Prevention and Education, Efficient Courts, and Community Support). Successful law enforcement efforts require a holistic approach that integrates these various elements to address the complex challenges that arise in the digital environment.

Anak Agung Istri Adhi Pramesti; Diah Ratna Sari Hariyanto

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

The aim of writing this journal is for readers to see more about the perspective of criminaI law in dealing with the specifics of same-sex relationships in Indonesia. The research was carried out using normative legal methods so that it is necessary to criminalize or expand criminal regulations for deviant acts committed by the LGBT community in reforming criminal law. The study results show that same-sex relationships are considered to violate norms in Indonesian society. Many people are uncomfortable with the presence of LGBT in their environment, which makes people question how the law in Indonesia handles cases of same-sex relationships. Meanwhile, same-sex relations carried out by LGBT people are not yet regulated as a criminal offense according to Indonesian criminal law, the regulation is still very limited because it only regulates same-sex sexual relations committed by adults with minors.      

Putu Alex Virdana Putra; I Gusti Ngurah Dharma Laksana

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

This writing has the aim of knowing the Procedures and Requirements to receive a certificate of competence in the preparation of environmental impact analysis. This is very useful, because it will provide illustrations to other people and legal entities who want to be completed if they want to have a certificate of competence in compiling an analysis of environmental impacts. With the explanation of the mechanism and requirements, therefore a person or legal entity can prepare an analysis of environmental impacts by obtaining a certificate of competence for compiling an analysis of environmental impacts. The main objective of the Environmental Impact Analysis is to ensure that business and development activities can run continuously without destroying and damaging the environment, so in another sense, business or appropriate actions from the perspective of environmental aspects.

Almusrijah Aini

Jurnal Nuansa : Publikasi Ilmu Manajemen dan Ekonomi Syariah 2024 Asosiasi Riset Ilmu Manajemen Kewirausahaan dan Bisnis Indonesia

Banking has an important role in the development and support of the country's economy, especially after the enactment of Law Number 10 of 1998 concerning Banking. Islamic economics in Indonesia has now begun to be recognized and approved by the public, given the proliferation of Islamic-based banks making people understand the systems in Islamic economics. The establishment of the Islamic Development Bank (IDB) in 1975 triggered the establishment of Islamic banks around the world including Indonesia. The birth of Law Number 21 of 2008 concerning Islamic Banking is a guarantee for the existence and legal protection of Islamic banking after the last decade of its existence which only regulates one of the principles of profit sharing which does not definitively and comprehensively regulate bank activities based on sharia principles. The method used in this research uses qualitative research methods using interview, observation and documentation techniques. This type of research uses descriptive analysis. The development of Islamic economic law in the future must increasingly refer to the protection of the benefit of the people by using maqashid sharia as a methodology and perspective. To establish economic law that falls within the scope of muamalah fiqh, a comprehensive mastery of ushul fiqh is absolutely necessary, especially to find and determine the legal illat for ongoing economic practices. Failure to determine the illat leads to failure to master the source of the problem. The current Islamic economics only talks a lot about distribution and consumption, such as the distribution of money and capital claimed to be without usury and halal product certification, and does not appear to talk much about production and all aspects related to it, such as ownership of land, resources, capital and by the private sector and conglomerates, including the fulfillment of labor rights, destruction of nature by production activities, and so on. The determination of the illat and maqashid of sharia in the economic field is also expected to pay more attention to the material conditions in which unequal production relations between community groups have resulted in economic colonization and which are very detrimental to society, especially those who are in a weak position in terms of capital, resources and power.

Sigit Kamseno; Agam Sakti Hidayat

Konsensus : Jurnal Ilmu Pertahanan, Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This study discusses the comparison of criminal law related to sexual violence in Indonesia and Singapore, focusing on the legal framework, definition and types of sexual violence, law enforcement process, and sanctions and punishments. In Indonesia, criminal law on sexual violence is regulated through Law No. 12 of 2022 concerning the Crime of Sexual Violence (UU TPKS) and the Criminal Code (KUHP), which covers various forms of sexual violence. Singapore uses the Penal Code and the Women's Charter as the legal basis, with additional protection for children through the Children and Young Persons Act (CYPA). This study found that Indonesia has a broader and more comprehensive definition of sexual violence than Singapore, which tends to be more specific. The law enforcement process in both countries involves reporting, investigation by the police, and the courts, but Singapore has a special unit that handles sexual crimes with a more focused focus. Sanctions and punishments in Singapore tend to be heavier, including caning, while in Indonesia, punishments vary depending on the type of sexual violence. The research method applied in this study is the normative legal method, which focuses on the analysis of laws and regulations, legal documents, and legal concepts relevant to a legal problem. The approach used is a conceptual approach, which prioritizes analysis from a problem-solving perspective. This approach involves understanding the legal concepts that underlie or form the background of the problem, as well as considering the values ​​contained in the normative of a regulation related to these concepts.