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Susanti, Susi

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

Developments in the realm of health law develop in line with advances in health science. Currently, health law has become a very important element in dealing with various legal problems and issues in the health sector. On the other hand, with the development of increasingly sophisticated technology, the issue of traditional medicine has received less attention. However, in the context of efforts to fulfill the right to health in Indonesia, traditional medicine should be an alternative that is important to pay attention to. This is supported by Indonesia's natural conditions which have rich biodiversity, including various plant species that have the potential to be used as raw materials for traditional medicine. Thus, legal protection of traditional medicines from the perspective of health law and intellectual property law becomes very important. The research method used in this research is a normative research method which is conceptualized in legislation or conceptualized as norms or rules that serve as the basis for human behavior. The aim of this research is to analyze the legal protection of traditional medicines from the perspective of health law and intellectual property law in Indonesia. The results of this research concluded that related to traditional medicine, Law no. 17 of 2023 does not explicitly mention it as a traditional medicine. However, the definition of traditional medicine is equated with the term "Natural Medicine." In Article 321 paragraph (1), natural medicines are divided into several categories, including herbal medicines, standardized herbal medicines, phytopharmaca, and other natural medicines. Legal protection for traditional medicines or natural medicines is regulated in Articles 324-325 of Law no. 17 of 2023 concerning Health. On the other hand, in the context of Intellectual Property Rights (IPR), legal protection for traditional medicines is included in the patent system, as regulated in Article 26 of Law Number 13 of 2016 concerning Patents.

Matilda Fidrisa Anggun; Sukardan Aloysius; Petornius Damat

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

The purpose of this research is to analyze the perspective of capu reke (void marriage) after paluk kila (exchange of rings) in Manggarai Marriage Customary Law. This type of research is empirical normative legal research. The sources of legal materials used in this research are primary and secondary legal materials. The method of processing legal materials through 3 (three) stages, namely editing, coding and systematization of data which is then analyzed descriptively qualitative. The results of this study found that: (1) The meaning of capu reke (capu = eliminate, cancel, break and reke = promise) which is literally interpreted as eliminating or breaking promises with other parties. Paluk kila (paluk = exchange; kila = ring). The Manggarai indigenous people interpret this paluk kila as being known to the extended families of both parties, as well as an acknowledgment from the tongka (witness/spokesperson) that the couple is true and ready to become a woe nelu (new family). (2) The perspective of capu reke (void marriage) after paluk kila (exchange of rings) in this ceremony is very sacred and from this problem the traditional ritual which is considered very magical and highly respected seems to be played with. (3) The legal consequences and customary sanctions that arise are: If the man decides first, the sanction is that the man must pay or cover the woman's shame in the form of saung leba (money) with a buffalo (kaba ngalu tau rangga). If, on the other hand, the woman decides first, the sanction is to give twelve Manggarai traditional cloths and one podo wa'u pig (returning the male clan). The legal consequences that arise are also the status of the child in this capu reke event who has the right to take care of the father (lut wa'u) and get inheritance rights from the father even though the custody is in the mother. The suggestions for the results of this study are (1) It is better if the marriage promise that is later denied or canceled is regulated more clearly in the law, even the rules must be clearer about the marriage promise and the legal consequences of the agreement that was made before the marriage. (2) Prospective couples are required to make a marriage agreement in order to better understand all the consequences that will be accepted after the marriage agreement takes effect between them.           

Dinda Rachma Aditya; Inayatuzzahra Inayatuzzahra; Aristya Nadya Azhari; Salsa Arfa Nabillah; Cantika Asnanti

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Given Aceh's rich Islamic cultural traditions and foundations, reading the Quran is frequently regarded as a crucial prerequisite for future leaders in the area. The purpose of this study is to examine the significance of this skill in relation to politics, Islamic law, and customary law in Aceh. In order to provide a thorough knowledge of the problem from legal, social, cultural, and political perspectives, the study examines the perspectives of Acehnese society using empirical juridical research methods. It also reviews the pertinent legislation and the legal foundation. According to the research, the community expects leaders who comprehend and uphold Acehnese customary law and culture, and reading the Quran is considered a sign of good leadership abilities

Sukmarani, Dhuta; Deviana Kusma Putri; Fahri Syaiful Anam; Muhammad Bintang Pradana; Ajie Sahara Putra +1 more

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

Clebung Bawah Hamlet is one of the developing areas, there are community organizations such as PKK RT, women's farmer group (KWT), posyandu cadres, youth organization (Karang Taruna), and TPQ children's association. However, there is one educational activity that has not been held in this hamlet, namely outreach about the dangers of drugs, and juvenile delinquency. Apart from that, it is also necessary to reactivate positive community activities, such as village cleaning. To overcome this problem, the methods used through PPMT activities are education through outreach about the dangers of drugs and juvenile delinquency, revitalization of the village cleaning, and greening. The result of PPMT activities is that before the activity, PPMT implementers approach residents by participating in routine community activities such as community service and reciting the Koran. The next activity is to conduct outreach with anti-drug and juvenile delinquency material from a health and legal perspective. The implementation of socialization went smoothly and well. The youth receive material from “Program Pengabdian Masyarakat Terpadu (PPMT)” implementers well. Socialization is one form of activity that can be carried out to educate residents about the dangers of drugs and juvenile delinquency. The next activity is the revitalization of village cleaning activities, which are carried out alongside reforestation and the provision of rubbish bins. Village cleaning and greening activities are positive activities that can be used as alternative activities for teenagers while preserving noble culture and protecting the environment.

Mohamad Aldi Djafar; Robby W. Amu; Marten Bunga

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2024 STAI YPIQ BAUBAU, SULAWESI TENGGARA

To find out and analyze the use of forensic hypnosis as a method of examining witnesses in proving criminal acts in other countries. To find out and analyze the use of forensic hypnosis as a method of examining witnesses in the perspective of proof of criminal acts at the investigative level in IndonesiaThe type of research used is normative juridical. The focus of the normative approach is to find, analyze and then formulate norms for the use of hypnosis. While the focus of the juridical approach is to explain the use of forensic hypnosis in several countries by referring to legal concepts or expert opinions, legal principles or principles and legal sources that apply universally.Whereas forensic hypnosis has been used as a method of examining witnesses in the investigative process in the United States, Canada and Hong Kong where information from the results of forensic hypnosis is used by investigators to search for, collect evidence and strengthen evidence. Meanwhile, de jure court decisions in each country that recognize the use of forensic hypnosis is a source of jurisprudence and legal legitimacy for applying forensic hypnosis as a method of examining witnesses in proving criminal offenses at the investigative level in Indonesia. Whereas the use of forensic hypnosis as a method of examining witnesses in the perspective of proving a crime at the level of investigation in Indonesia is no different from the method of examining witnesses in the investigation process in general. As a complementary method, it consists of 4 (four) stages namely pre-induction, induction, suggestion and termination where implicitly the use of forensic hypnosis as a method of examining witnesses in the investigation process is a manifestation of the investigator's enthusiasm in carrying out other actions according to law.In order to further strengthen and optimize the existence of the use of forensic hypnosis as a method of examining witnesses in the investigative process in Indonesia, it is hoped that the legislature will provide confirmation on the use of forensic hypnosis which must be contained in statutory regulations or in standard procedures.

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.

Josep Linsaner Diadema; I Dewa Gede Dana Sugama

Lembaga Pengembangan Kinerja Dosen 2024 Lembaga Pengembangan Kinerja Dosen

This study aims to examine how mediation is used in defamation cases that involve social media. With a normative legal perspective, this study employs a descriptive qualitative methodology. In order to analyze the phenomena and draw conclusions, this study's analysis technique involves looking at phenomena through the lens of already-existing library sources. The study's findings demonstrate how efforts to resolve criminal cases through non-litigation methods such as penal mediation can stifle efforts to resolve cases legally, leading to the imposition of criminal penalties. Keeping in mind that the goal of updating Indonesia's national criminal code is not just to exact revenge or retaliation (retributivism), but rather to resolve or repair the effects of a conflict or crime. In addition, penal mediation as a means of settling cases outside the court (non-litigation) can be a solution to overcoming the problem of overcapacity that is commonly experienced by correctional institutions in Indonesia.

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.

Nugroho, Sigit Sapto; Haryani, Anik Tri; Purnama, Taufiq Yuli

DINAMIKA HUKUM 2024 Universitas Stikubank

This study aims to determine the Madiun Mayor's policy in developing pencak silat as cultural tourism and at the same time to determine the effectiveness of the Madiun City government's policy in developing cultural tourism based on the silat industry in the perspective of Lawrence M. Friedman's legal system theory. The author uses normative legal research methods. Based on the results of the research, it is known that the Madiun City government develops the potential of pencak silat based on smart city through a smart branding roadmap which includes two programmes, namely the pencak silat experience tourism development programme and the pencak silat friend programme. In addition, the City Government through Disbudparpora also manages pencak silat through art performances and intercollegiate competitions. The effectiveness of the Madiun City Government's policy in developing cultural tourism based on the silat industry in the perspective of Lawrence M. Friedman's legal system theory states that legal effectiveness is influenced by three elements of the legal system, namely the structure of law, the substance of the law and legal culture. Based on this theory, the concept of developing Madiun City Pendekar cultural tourism based on the martial arts industry can be directed through the development of tourism policies based on pencak silat culture, synergy between the Madiun City Government and the implementing apparatus and building public awareness.

M. Tartib; Henry Aspan; Darwis Anatami; Etty Sri Wahyuni

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

This study examines the complex interplay between formal legal structures, customary practices, and rapid urban development in shaping land ownership dynamics in Batam's old villages (kampung tua). Through a qualitative case study approach, incorporating document analysis, semi-structured interviews, and field observations, we investigate the challenges in reconciling traditional land rights with modern property laws in the context of Batam's development as a free trade zone. Our findings reveal that approximately 70% of land parcels in the studied villages lack formal titles, highlighting the prevalence of informal ownership systems. The research identifies significant legal pluralism, where national land laws, local regulations, and customary (adat) practices coexist and often conflict. Notaries emerge as key actors navigating this complex landscape, often expanding beyond their formal mandate to mediate between different systems of authority and ownership. The study underscores the limitations of current legal frameworks in addressing the unique challenges of land administration in rapidly urbanizing areas with strong customary traditions. We propose the need for more adaptive land governance approaches that can accommodate both formal and informal ownership structures, including specialized legal frameworks for recognizing customary land rights in urban contexts. This research contributes to the broader understanding of land rights issues in the face of rapid urban development and offers insights for policymakers, legal practitioners, and urban planners grappling with similar challenges in other developing regions.

Moh. Taufik; Fajar Dian Aryani; Shintia Aulia

International Journal of Education and Literature 2024 Lembaga Pengembangan Kinerja Dosen

This research discusses the House of Representatives' (DPR) Right to Inquiry against the Corruption Eradication Commission (KPK) in the context of constitutional law in Indonesia. The right to inquiry is one of the control instruments possessed by the DPR to monitor the performance of state institutions, including the Corruption Eradication Commission. However, the application of the right to inquiry against the Corruption Eradication Committee has given rise to a number of debates regarding its authority and limitations in the constitutional justice system. This research analyzes the constitutional and regulatory basis regarding the DPR's right to inquiry against the KPK, as well as its impact on the independence and effectiveness of the KPK in eradicating corruption. By considering a constitutional law perspective, this research also evaluates the political and legal implications of implementing the right to inquiry against the Corruption Eradication Commission in the context of the system of monitoring and eradicating corruption in Indonesia.

Abqa, Muhammad Ardhi Razaq; Kurniasih, Yuni; Hakim, Sholihul

DINAMIKA HUKUM 2024 Universitas Stikubank

It is important to conduct research on the concept of justice in the utilization of the results of local wisdom tourism destinations from the perspective of human rights (Bandongan District, Magelang). This is to analyze the main problem formulation: (1) how is the concept of justice in the utilization of local wisdom tourism destinations in Bandongan Sub-district? (2) how is the influence of human rights values in the policy of utilization of local wisdom tourism destinations in Bandongan Sub-district? Data collection in this study was conducted through the collection of legal materials, observation, in-depth interviews, and FGDs with key groups. The data collected was then processed and analyzed to produce an analytical description to answer the questions raised in the research. The results showed that the tourism village is committed to achieving a comprehensive understanding of justice. This understanding includes various fundamental aspects, such as social, political, economic, legal, and cultural. Then the values of human rights also influence the policy of utilizing the results of tourist destinations, namely the community is given equality to provide aspirations in tourist destination policies, provide protection and respect for customs, regional musical instruments, rituals, dialects, and local wisdom, given equal opportunities for entrepreneurship, fulfilled conservation of the natural environment, given social development without discrimination. Keywords: Concept of Justice, Tourism Destination Outcomes, Local Wisdom, Human Rights.

Nur Ikchsan; Siti Kholifah; Fajar Hari Prasetyo

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

This research aims to analyze effective strategies in optimizing the use of social media, especially the YouTube and Instagram platforms, by students of Syari’ah business law courses. The focus of the research is to identify students' efforts to use social media as a relevant and useful tool in the context of social media business from an Islamic perspective and legal protection issues related to existing YouTube and Instagram social media content. The research method used is qualitative, with strategic analysis through surveys, interviews and observations of Syari’ah business students, especially content owners (Youtubers) and users who actively use YouTube as a medium for uploading content. , Content created by YouTubers is considered copyrighted. The data obtained was then analyzed to explore and document aspects of the Kedungsapur area that were thoroughly researched. The results of this research provide detailed insight into optimizing social media use of Syari’ah   business law students by uncovering unintentional mentions and attributions to certain parties throughout the public domain. This can lead to defamation, which is prohibited in Islam and violates the ITE Law, Islam emphasizes the importance of conveying information accurately and not manipulating or misusing facts. Further findings show that the presence of hackers has an impact on how content creators protect YouTube and Instagram. The meaning of this research can contribute to the development of innovative learning strategies and deepen students' understanding of the application of the law Syari’ah trading in the digital era.

Ishakimuda Lawrensius Basaro; Adi Sulistiyono

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

This article aims to find out the validity of a mystery box sale and purchase agreement from the perspective of article 1320 of the Civil Code.  It is hoped that the results of this research can be used by parties, especially potential online loan recipients, in making an online loan agreement using a standard agreement system.  The research methodology uses normative law, including primary and secondary legal documents, as well as data collection approaches such as literature reviews.  A conceptual approach and a statutory approach were used in this research. The data analysis technique used was a deductive data analysis technique using the syllogism method.  The validity of an agreement is assessed based on 4 main points of the validity of an agreement based on article 1320 of the Civil Code.  Likewise, a sale and purchase agreement is considered valid according to law if it fulfills the 4 elements of the validity of an agreement

Noor Izzati Amelia; Radiatus Sholehah; Khairunnisa Khairunnisa

Jurnal Ilmu Hukum Sosial dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Zina and accusations of adultery (qadzaf) are two central themes in Islamic criminal law. This research examines the definition, proof, and sanctions of zina and qadzaf from the perspective of Islamic criminal law using the literature method. Zina is defined as sexual intercourse outside a legal marriage, while qadzaf is accusing adultery without sufficient evidence. In Islam, adultery is proven by four witnesses, confession of the perpetrator, or other supporting evidence. The punishment for muhsan adulterers (married) is stoning, while ghairu muhsan (unmarried) are flogged 100 times. Meanwhile, qadzaf can be proven by four witnesses, confession of the perpetrator, or an oath (according to Imam Shafi'i). The punishment is 80 lashes and the testimony of the perpetrator is not accepted. Islamic criminal law strictly regulates adultery and qadzaf with high evidentiary requirements and severe sanctions. This type of research is a qualitative literature study and uses a descriptive analysis method, namely by analyzing various sources and relevant data. The existence of this prohibition of adultery and qadzaf aims to prevent harm, maintain honor, and uphold the benefit (maqashid sharia).    

Lydyana Trisnaeni Martin; Nur Aulia Lathifah; Eka Era Nurtanti; Kheisa Rahma Adhadina; Savira Eka Kusumawati

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

Juridically in the context of Indonesian law, there are two perspectives that can be used to discuss the need for LGBT legal regulations, namely the customary law perspective and the Islamic law perspective. Lesbian, Gay, Bisexual and Transgender (LGBT) groups in Indonesia have received significant attention. This research uses normative legal research techniques as its methodology. This research further examines the need for clear legal regulations regarding LGBT. Considering the fact that Indonesia is a legal country where people respect each other's customs and religious beliefs, it can be said that the legalization of LGBT people is not justified. Thus, it is hoped that this research can answer problems that are of concern to the Indonesian people. As well as, it can open insight that legal regulations regarding LGBT in Indonesia are very necessary to achieve benefits, certainty and legal justice.

Maya Dyah Palupi; Rina Arum Prastyanti

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

The case of sexual violence against children from the perspective of international law highlights the importance of protecting children from all forms of sexual exploitation and sexual abuse. The purpose of this paper is to understand the forms of international law rules regarding cases of sexual violence against children and how international law prosecutes the perpetrators. The discussion of cases of sexual violence against children shows that these cases have serious and widespread impacts, with nearly 1.7 billion children worldwide experiencing violence. To address this issue, it is necessary to strengthen the legal framework that considers all behaviors related to Child Sexual Abuse and Male Sexual Abuse (CSAM) as criminal acts. Increasing resources in law enforcement, cooperation with the private sector, education, and relevant research are also important to increase our awareness of sexual violence. The conclusion that can be drawn is that children are indeed a new generation that will continue the continuity of nations and states, so it is only fair for us and law enforcement to ensure that all human rights of children are fulfilled.

Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha

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

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

Anatasya Awalia S. Hasan; Fence M. Wantu; Julisa Aprilia Kaluku

Jurnal Hukum, Politik dan Humaniora 2024 Lembaga Pengembangan Kinerja Dosen

Criminal disparity refers to dissenting judgments regarding the same criminal act or one that possesses dangerous characteristics, both of which can be compared without clear justification. This research aims to understand and analyze whether the existence of disparities in prosecution can fulfill the legal perspectives’s objectives and to identify and analyze the factors causing disparities in prosecution in Cases Number: 176/Pid.B/2019/PN Gto and Cases Number: 163/Pid.B/2019/PN Gto by using a normative research method with a case approach. The technique employed involves a literature review supported by descriptive analysis a supplementary method. The research findings are as follows: firstly, in both verdicts, Number 176/Pid.B/2019.PN Gto and Number 163/Pid.B/2019/PN Gto, it is observed that they still do not fully meet the legal perspective’s objectives because there are legal objectives that remain unfulfilled. Secondly, both verdicts contain factors influencing the occurrence of disparities in prosecution, including the consequences caused, considerations from the prepator’s prespective, personal factors, aggravating and mitigating circumstances, and the extent of the losses incurred.

Yulia Ibrahim; Nur M Kasim; Suwitno Y Imran

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

The representation of women in politics has become a much discussed issue along with the development of political access. Various factors are the cause of this, including religious factors. The purpose of this study is to be able to determine and analyze women's political rights in the perspective of Islamic law. This study was conducted using the type of normative legal research with two types of approaches, namely the statutory approach (Statute Approach) and conceptual approach (Conceptual Approach). Based on research that researchers have done, the results obtained that islam recognizes the existence of women's political rights and the importance of the role of women in public life and its impact on political life.