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Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

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

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Mauliya Fitriani; Della Miftahurrizka; Mizan Imani Naqsyabandi; Noerma Kurnia Fajarwati

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

Fashion design as a creative and intellectual expression requires appropriate legal protection to encourage innovation and protect the rights of creators. This article discusses the important role of law in protecting fashion design from an intellectual protection perspective. This approach involves an analysis of the role of intellectual property rights, especially copyright and industrial design, in providing adequate protection for works of art in the world of fashion. Copyright provides automatic protection for original works, including fashion designs. However, copyright restrictions result in limited protection, which is why it is important to understand how industrial designs can provide broader protection. Through industrial design registration, creators can secure exclusive rights to their fashion designs, preventing unauthorized duplication. This legal protection also helps create a fair business environment and fuels the growth of the fashion industry. By recognizing the economic and creative value of fashion design, the law plays a role in encouraging investment and innovation in the sector. Therefore, a deep understanding of the role of law in the intellectual protection of fashion design is crucial for interested industry players, creators and users.

Dian Utami Amalia; Bagos Budi Mulyana; Fajar Falah Ramadhan; Noerma Kurnia Fajarwati

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

The rapid development of digital technology has had a significant impact on the legal protection of intellectual property in Indonesia. In this digital era, intellectual property, such as copyrights, patents and brands, has become more vulnerable to infringement and misuse. This article reviews Indonesia's efforts to face these challenges by exploring the policies and regulations implemented to strengthen legal protection of intellectual property in the digital era. The Indonesian government has adopted various regulations that accommodate digital dynamics, such as revisions to copyright and patent laws. However, there are still challenges in effective implementation and enforcement of the law. This article also highlights collaboration between government, the private sector, and society in developing innovative solutions to improve intellectual property protection. By reviewing the latest legal and policy developments, this article provides a comprehensive picture of Indonesia's efforts to mitigate risks and increase protection of intellectual property in the digital era. In conclusion, strong and adaptive legal protection is very important to encourage innovation, investment and economic growth amidst the dynamics of the digital era.

Nessya Mayla Faiza; Utari Mutiara Ayu; Noerma Kurniwa Fajarwati

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

Religious communities like Indonesia often discuss religious issues. Determining the Eid al-Adha holiday in 2022 is one of the issues that is receiving attention. As is known, the Indonesian government determines the Eid al-Adha holiday in two ways: rukyat and reckoning. On the Instagram account @kemenag_ri, the Ministry of Religion of the Republic of Indonesia held an Isbat Session Teleconference on June 29 2022, and the results showed that the date set on the calendar had to be changed from July 9 2022 to July 10 2022. Instagram users provided this decision directly. This shows that the religious community has participated and there is agreement in handling the results of the Isbat Session. As an effort to explore the interactions that exist within religious communities, this research uses netnography techniques.

Jasmine Syifa Azzahra Susilo; Asti Sri Mulyanti; Temmy Fitriah Alfiany

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

To become the halal centre of the world, the government requires the implementation of halal certification for all products circulating in Indonesia, one of which is food and beverage products. The halal certification obligation has been carried out from 17 October 2019 to October 2024. The government has prepared strategies to improve the quality and quantity of assistants and simplify the halal certificate registration process. The Sukabumi City Diskumindag has helped facilitate MSMEs in Sukabumi City to register for free halal certification. However, there are still many MSMEs in Sukabumi City that do not have halal certificates. This is certainly detrimental to the community because it does not protect the right to safety and comfort when consuming or using a product. If until 18 October 2024 MSMEs are not halal certified, they will be subject to sanctions in accordance with Article 24 of the Law on Halal. This study aims to examine how the implementation of halal certification is viewed from Law Number 33 of 2014 concerning Halal Product Guarantee for MSME players in Sukabumi City as well as the role of Diskumindag Sukabumi City and what obstacles are faced during the implementation of the Law. The research used in this study is normative juridical which deductively reviews articles and legislation to examine how these regulations are applied in practice. Problems in the implementation of Law Number 33 of 2014 concerning Halal Product Guarantee in Sukabumi.  

Euis Sopiah

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the last few decades, teachers in carrying out their duties have often become the subject of social control and mass media. This is due to the increasing number of acts of violence that occur in schools, both committed by students, parents, school administrators and even teachers themselves. These acts of violence sometimes occur due to student disciplinary activities carried out by teachers. The aim of this research is to provide an explanation of the importance of clear regulations regarding the protection of teachers in carrying out their duties. The research method used is a literature review. The results of this research are that the current regulations are not strong enough to provide legal protection for teachers in carrying out their duties, so there is a need for clearer legal evidence and more emphasis on teachers in carrying out their duties.

Nova Nazwa Ramadhanti; Sahrul Sodikin; Siti Abelia Puteri; Noerma Kurnia Fajarwati

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article explores the comparison between money politics and cost politics in the context of the political process and its influence on democratic integrity. Money politics reflects corrupt practices in which wealth is used to manipulate election outcomes or political decisions, while cost politics includes costs related to campaigns, regulations, and citizen participation in the political process. In distinguishing these two concepts, this article highlights their role in shaping the strengths and weaknesses of democracy and the challenges in strengthening political integrity. By analyzing case studies and theoretical concepts, this article aims to present a clearer understanding of the differences between money politics and cost politics, as well as promote efforts to address corruption and increase transparency in the political process.

Indradewi, Astrid Athina; Sugianto, Fajar

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

Every person experiences disagreements, conflicts, issues, and confrontations in their lifetime. Nobody wants to get into a disagreement with someone else. Each business actor, particularly in economic activities, should always be prepared for the possibility of disagreements that may arise at any point in the future. Here, the business actor will select the form of dispute resolution that best fits their requirements. This study employed a normative juridical research methodology that combines a doctrinal and statutory regulation approach. This study concludes that arbitration is a non-litigation dispute settlement mechanism. With its many benefits, arbitration plays a big part in settling business conflicts.

Yohanes Victor Baro Bitan Lamatokan; Robertus Wijanarko

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

This article examines the differential treatment of so-called exiles, people who were sent abroad either to study or to work. During the events of 1965-1966, their passports were revoked. They lived by moving from one country to another in search of a "home" that would accommodate them. The exiles traveled to various countries, including the Netherlands, France, Germany, Sweden and the United States. During this time, they experienced various difficulties, economically, socially and psychologically. Economically, they struggled to find work, socially, they experienced discrimination and psychologically, they were deeply traumatized and haunted by fear. The story of the suffering they experience contradicts the rights they should get as Indonesian citizens when they are abroad. The theoretical framework used is John Locke's liberalism, which clearly supports the equal rights of every citizen to ultimately create harmony between them. It is this equality of rights that this study aims to investigate. This research uses a qualitative approach that draws on literature, internet pages and interview narratives. As a result of the research, one of the exiles interviewed admitted that he was still proud to be an Indonesian citizen even though he did not get the same treatment as an Indonesian citizen.

Dian Pribadi Sihotang

Jurnal Hukum, Pendidikan dan Sosial Humaniora 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of the law by the panel of judges in Decision Number 11/Pdt.Sus-PKPU /2017/PN Niaga Medan regarding the responsibility of debtors to concurrent creditors in the implementation of the homologated PKPU peace agreement. This research is normative legal research that is qualitative in nature. Data comes from primary, secondary and tertiary legal materials collected using library research and document study techniques. Primary data as supporting data for normative analysis was collected using the interview method with judges and curators who were determined purposively. Data analysis was carried out using the qualitative normative data analysis method.Based on the research results, it is concluded that legal certainty regarding the rights of concurrent creditors occurs after the homologation of peace agreements which are binding and obtain permanent legal force. If the debtor is negligent and the settlement is canceled, the debtor will lose independence or the debtor will no longer have any interest in controlling or managing his assets. In this regard, the application of the law by the panel of judges in the homologation Decision Number 11/Pdt.Sus-PKPU/2017/PN Niaga Medan was correct with the consideration that the debtor was declared negligent in fulfilling his obligations and canceled the decision to ratify the peace by declaring the debtor to be in bankruptcy with all legal consequences

Dewi Larasati; Andi Prasetya; Rizky Fitriani

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the influence of child custody laws on child well-being in post-divorce families. By comparing legal frameworks across countries, the research assesses the outcomes of different custody arrangements concerning children’s psychological health, academic performance, and social stability. Findings indicate that shared custody generally provides better well-being outcomes for children, although cultural and legal variations affect these impacts.

Lina Saleh; Ahmad Khalil

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This article explores the effectiveness of social welfare policies in reducing poverty, focusing on family support programs such as childcare assistance, food security, and housing subsidies. Using case studies from various countries, the study assesses how these programs impact economic stability and improve quality of life for low-income families. Results indicate that comprehensive family support programs are critical for poverty alleviation and social equity.

Daniel Ochieng; Sarah Nabirye; James Kalungi

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research examines the effectiveness of domestic violence legislation in protecting survivors and ensuring access to justice. By analyzing case studies, the study highlights the progress and challenges in enforcement, such as legal gaps, cultural barriers, and resource constraints. Findings suggest that while legislation has improved protections, additional support mechanisms and public awareness are essential to provide survivors with adequate safety and support.

Ahmad Yusof; Budi Santoso

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This article analyzes the ethical and legal complexities surrounding adoption laws, focusing on the rights of biological parents in the adoption process. Through a review of adoption policies from various countries, the study explores issues such as consent, open vs. closed adoption, and post-adoption contact. Findings suggest that balancing the rights of biological parents with the best interests of the child requires nuanced legal frameworks.

Mahdi Rezaei; Leila Farzaneh; Alireza Ghaffari

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This research discusses the impact of the customary law system on the Indonesian legal system. The customary law system has deep historical roots in Indonesian society and still has a significant influence on everyday life. Through a multidisciplinary approach, this research identifies how customary legal norms that have existed for a long time still play an important role in determining national legal policy. This impact can be seen in the implementation of laws, court decisions and government regulations that reflect customary legal values. The debate regarding official recognition of customary law norms and the role of customary institutions in law enforcement is an important part of this analysis.

Fikri Dwi Fadillah; Muhammad Zirly Annadziif

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

International criminal law deals with extraordinary crimes, including the crime of genocide, which has been prohibited and regulated by various international treaties such as the 1948 Genocide Convention, the statute of the International Criminal Tribunals for the Former Yugoslavia (ICTY), the statute of the International Criminal Tribunals for Rwanda (ICTR), and the 1998 Rome Statute. This research aims to understand the crime of genocide in the context of International Law and its related dispute resolution methods. This research uses a doctrinal or normative juridical research approach. The results show that genocide crimes often arise as a result of the struggle for tribal rights which is a minority group. In addition, the existence of religious and racial fanaticism can also play a role in encouraging cultural discrimination that leads to the crime of genocide. In response to these crimes, International Law has developed regulations and dispute resolution mechanisms. This research provides an in-depth understanding of the root causes of the crime of genocide and highlights the role of International Law in addressing such acts. Dispute resolution methods, whether through peaceful or coercive means, become relevant in responding to the crime of genocide and upholding international justice. As such, this research contributes to further understanding of the complexity and urgency of addressing the crime of genocide within the framework of International Law.

Angela Kirana Hartanto; Aulia Khoiriya; Bijak Anugrah; Salsabila Khoirunnisa

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

In Indonesia, the Job Creation Law has had a major impact on workers, especially in terms of policies that tend to favor companies. The emphasis on labor flexibility and the ease with which companies can restructure can reduce job security, wages, and workers' rights. Inequalities in labor contract negotiations arise as the power differential between companies and workers widens. Thus, modern slavery practices often emerge to make workers feel marginalized. This is due to the lack of legal protection, which is detrimental to their health. Therefore, this study aims to provide an explanation of the effect of government regulation in the form of omnibus law and investment policies on the welfare of workers in terms of wages and working time. To achieve this goal, this research uses a political economy perspective with two derivative theories, namely the theory of oligarchy and neoliberalism. Then, in collecting data, this research will use the big data analytics method that will collect data containing tweets from Indonesians on social media X that contain certain keywords. This method consists of several stages consisting of data cleaning processing, data transformation into tabular form, and data visualization. Besides big data, this research also uses literature review methods to collect data from books, journals, and articles related to this research topic.

Hamu, Fransiskus Janu

Jurnal Suara Pengabdian 45 2024 LPPM Universitas 17 Agustus 1945 Semarang

Education in the current digital era demands the use of smart technology and social media platforms in the learning process to suit the character of the digital generation. However, the competence of lecturers in Indonesia in this regard is still limited. Therefore, the workshop "Revolutionary Strategies for Modern Learning Through the Integration of Smart Technology and Social Media Platforms for Digital Generation Education" is important to implement. This workshop aims to provide understanding and skills to 187 lecturers in implementing technology and social media for learning innovation for digital generation students. Workshop material includes smart technology trends, use of social media platforms, digital evaluation and assessment strategies, as well as discussion of challenges and opportunities for integrating technology and social media in digital era learning. Participants' enthusiasm was quite high and the evaluation results showed that 91% were interested in implementing modern learning strategies after the workshop.

Rudi Hartasetiadi; Lilis Wahyuni; Ernita Puspa Dewi; Dewi Jannah; Mesi Yendara

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study aims to analyze the role of the Department of Youth, Sports and Tourism (Diskopar) Dumai City in tourism development and to identify supporting and inhibiting factors affecting its implementation. The research uses a qualitative descriptive approach with data collected through interviews, observation, and documentation. Informants consisted of a tourism data and information officer at Diskopar Kota Dumai and a community tourism actor. The data were analyzed using an interactive model involving data reduction, data display, and conclusion drawing. The findings show that Diskopar Kota Dumai plays an active role based on three role indicators: institutional position, social expectations, and implementation. The institution is involved not only in policy formulation but also in maintenance, monitoring, training workshops, event organization, and management of public tourism spaces. Supporting factors include regional tourism potential, digital promotion, regulatory documents, and regional budget support. Inhibiting factors include suboptimal maintenance of tourist sites, illegal levies in unmanaged areas, and uneven information access due to limited network coverage. Overall, the role of the Dumai City Diskopar is functioning but still requires strengthening in supervision, facility management, and equitable promotion.

Dede Mirza; Erinaldi Erinaldi; Wafa Adilla

International Journal of Social Welfare and Family Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Sosial Indonesia

This study examines the strengthening of regional disaster management governance through a risk-based policy framework, focusing on the role of local governments in disaster-prone areas. The object of the study is the disaster management system implemented by the Dumai City Regional Disaster Management Agency (BPBD), which faces various potential natural and non-natural disasters. Although national and regional regulatory frameworks are in place, disaster management practices at the regional level still tend to be reactive, partial, and not fully based on comprehensive risk analysis. Therefore, this study aims to identify key issues in regional disaster management governance and analyze the role of risk-based policies in strengthening institutional effectiveness, cross-sectoral coordination, and disaster preparedness. This study uses a qualitative descriptive approach with data collection techniques through in-depth interviews with BPBD officials, relevant stakeholders, and community representatives in disaster-prone areas, supported by field observations and documentation studies of policies, disaster risk assessment documents, and institutional reports. Data analysis was conducted using thematic analysis methods to identify patterns related to governance structures, policy implementation, and disaster risk management practices. The study results indicate that disaster management governance in Dumai City has shown progress in regulatory aspects and emergency response capacity, but there are still weaknesses in the integration of risk into development planning, inter-agency coordination, community participation, and mitigation and prevention efforts. This study concludes that the implementation of a risk-based policy framework can encourage more anticipatory, integrated, and sustainable disaster management governance, and provides important implications for the formulation of public policy at the regional level.