Publication Search

56,082 articles from 451 journals · 1,579 citations tracked

Showing 6141-6160 of 6,652

Analytics

Amelia, Revina Nova; Indah Femmithasari, Nadia

DINAMIKA HUKUM 2023 Universitas Stikubank

  The discrimination that many people with disabilities experience is discrimination in the work environment to people with disability are only pitied and seen as having many limitations and ultimately hampering the surrounding community. This view still occurs in many companies, they are reluctant to accept people with disabilities because they are considered to only hamper the company. By examining this problem, it is hoped that it can render a concern for how the government should enforce and supervise the employment rights of persons with disability, both in the government and private companies. The method used is a qualitative approach with the type of case study and is descriptive with a case study of discrimination in the selection of civil servants. It could then be concluded that persons with disability are the same as other human beings who have human rights, including employment rights, these rights have been guaranteed and regulated in the 1945 Constitution, Human Rights Law, Law on Persons with Disabilities, and other laws and regulations and from this research, it was found that there is still perception against persons with disability in the selection of Civil Servant (PNS) admissions

Claressia Sirikiet Wibisono; Anajeng Esri Edhi Mahanani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The widespread use of social media among the public has created a new need, namely the urgency to create space for conducting business activities, causing the platform to turn into a place for communication, interaction, as well as a trading space. These changes bring various impacts, one of which is the formation of new types of crime in cyberspace. Fraud in electronic transactions via social media (Twitter) is a crime that targets the internet, computers and related technology as its target. Based on the position of the case, the fraud that occurs can be classified as a crime of computer-related fraud or a crime to gain personal gain and/or harm others. The handling of fraud cases can be carried out using the legal basis contained in Law Number 19 of 2016 concerning Information and Electronic Transactions, namely Article 28 paragraph (1) in conjunction with Article 45 paragraph (2). The use of these two articles is based on the principle of lex specialist derogat legi generali. In addition, if examined using a victimological point of view, victims of fraud cases that occur are included in the category of participating victims where the tendency of victims to be unaware of their attitudes/behaviors in certain circumstances is a reason for someone to act. commit crimes against them. The research method used to answer these problems is normative legal research with a case study approach in the form of legal behavior products.    

Musa Sahat Tobing; Utari Wulandari; Marito Sari Sihotang; Raihana Raihana

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

When surfing the digital world, you need to be careful about feeling comfortable on social media. Cybercrime is a form of crime that arises because of the use of internet technology. In line with advances in information technology, several crimes have emerged which are often interpreted as crimes committed in cyber space or areas. Rusbagio Ishak, Kadit Serse Polda Central Java said, this cyber crime has the potential to cause losses in several fields: political, economic, socio-cultural. Cyber ​​crime is various kinds of illegal access to a data transmission. In other words, cybercrime is an illegal activity on a computer system or is included in the category of crimes in cyberspace. The target of this cyber crime is a computer connected to the internet network. Cyber ​​crime is carried out with various purposes. Starting from fun testing hacking skills, to serious crimes that can harm the victim financially. One of the cyber crimes that is rife in Indonesia is a social engineering attack or social engineering. Social engineering is a manipulation technique that exploits human error to gain access to personal information or valuable data.

Nanda Ayu Cahyanti; Rahma Dwi Pangastuti; Sumriyah Sumriyah

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Group companies grow and develop and many group companies cannot be controlled so that they can result in monopolies. The monopoly will occur in networks or business relationships owned by group companies. This relationship can be understood as a legal entity that has a relationship within the grub company. This research method uses normative research, where normative legal research is research by collecting secondary data that is in accordance with the problem to be studied and then processed. The results of this study explain that the responbility of the holding company to its subsidiaries in group companies is a legal relationship related to the parent and subsidiary companyes. This legal relationship after the merger, the parent company has the authority as the majority shareholder of the subsidiary. Therefore the parent company will control the operation of the subsidiary. The parent and subsidiary companies have different articles of a of association are a positive law where if the articles of association are violated it will result in the cancellation of the transaction. If the subsidiary is sued and the subsidiary violates the law, the party who is aggrieved will be sued, namely the subsidiary because based on the law, the subsidiary has its own responbilities in running the company.

Siti Nur Haliza; Zainudin Hasan; Shefa Rindya Yazhalina; Mela Yasa

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

In the current situation, the increase in murder cases is of great concern, especially with the development of technology, it also affects the ease of disseminating information which is then misused to track the location of the victim and suppress the victim with threats - threats that are not good related to the victim's purpose, namely to find out how the role of investigators to uncover murder cases that lose evidence and to find out the inhibiting factors of police investigators in carrying out the investigation process against the crime of murder. The research method used is normative legal research. The legal materials used are sourced from the literature. The types of legal materials used are primary, secondary, and tertiary legal materials. The technique of collecting legal materials is by document study. Analysis of legal materials using interpretation or interpretation. The results of the study indicate that the Criminal Acts of Murder and Removing Goods have been regulated in Article 338 of the Criminal Code that anyone who deliberately takes the life of another person, shall be punished for murder with a maximum imprisonment of 15 years, and Article 221 paragraph 1 number 2 of the Criminal Code, anyone who commits an act of covering up the criminal act committed, by destroying, removing and hiding evidence and evidence shall be punished with a maximum imprisonment of four years.

Alfian Tri Pamungkas, Naufal; Krisna Ari Sadewa, Bayu; Nike Sasmito, Vanya; Muhammad Haidir Ali, Datuk

DINAMIKA HUKUM 2023 Universitas Stikubank

The purpose of writing the article is to analyze the functions and roles of BKN, the role of BKN in preventing corruption for civil servants, and the implementation of corruption prevention policies or programs in the field by BKN in efforts to prevent civil servant corruption. Employees are workers both physically and mentally and their presence is needed because they are one of the most important means of effort to achieve certain goals. The writing method that we use in writing this paper is normative juridical, namely an approach through researching doctrinal laws using secondary data sources. The BKN as an institution of the Government of the Republic of Indonesia to better manage government personnel. The BKN was established to function not only to collect administrative data, but to develop the competence of civil servants in a more effective way so that they can provide support for development missions, governance, and public services. Corruption is the root of the country's problems and is the most important cause of poverty, therefore it must be dealt with. The causes of corruption very often occur such as the absence of strict sanctions, weak religious and ethical education, lack of education, bad environment, radical change, poverty, and the state of society. BKN is an institution that has the authority and controls the implementation of ASN administration standards, norms, procedures and criteria, staffing employees, organizing training and developing the field of HR management as well as conducting inspections. official duties, etc.   Keywords : Corruption, Government institutions, Civil Servants.

Nibraska, Zufar Zain; Abror Faroja, Naufal

DINAMIKA HUKUM 2023 Universitas Stikubank

Artikel ini meninjau mengenai rangkap jabatan dewan komisaris pada perusahaan BUMN guna terwujudnya prinsip Good Corporate Governance. Fenomena rangkap jabatan bukan suatu hal yang baru, akan tetapi munculnya fenomena ini menimbulkan kontroversi di masyarakat umum. Pengaturan mengenai rangkap jantan telah diatur dalam peraturan yang ada seperti dalam UU BUMN, UU Pelayanan Publik serta peraturan lainnya. Terdapat perbedaan peraturannya, terdapat aturan yang melarang dan terdapat aturan yang membolehkan. Akan tetapi pada dasarnya hal tersebut dilarang karena undang-undang yang lebih tinggi mengatur demikian. Hali ini karena komisaris yang merangkap jabatan rentan akan timbulnya benturan kepentingan, dimana tindakan tersebut dapat mengganggu penerapan Good Corporatae Governance. Berdasarkan hal tersebut komisaris BUMN dilarang merangkap jabatan.

Puja, Ni Nyoman Asti Irawati

DINAMIKA HUKUM 2023 Universitas Stikubank

The existence regulations is crucial and important in Indonesia as a legal state that adheres to the civil law ,where in this system the highest position is a constitution. Pancasila and the 1945 NRI Law are fundamental guidelines in making laws and regulations.The principle is the basic guideline that must be fulfilled so that later the legal product results, namely the laws and regulations that are produced are good, ideal, and worthy of enactment. President Joko Widodo working with the DPR as legislature-forming institution to make a law in a different way, namely by repealing and/or amending several provisions of the law at once using the omnibus law method. There is a legal issue where in forming a law one must comply with the principles of forming statutory regulations, both formal and material principles. In this research, we will discuss how to fulfill formal and material principles in the formation of laws in Indonesia using the omnibus law method?. The results of the discussion in this writing are that the fulfillment of the formal and material principles of the law adopting the omnibus law method must be based on the principles stipulated in Article 5 of Law 13 of 2022.

Zainudin Hasan; Alika Firly; Adelia Putri Utami; Diah Eka Sari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Domestic violence violates women's human rights. The form of violence that occurs in women is physical violence including assault, beating, and actions that physically injure the victim. Meanwhile, non-physical violence is an act that is detrimental to the victim from a psychological perspective, such as threats, insults, neglect and forms of violence that result in psychological disorders of the victim. In disclosing the existence of criminal acts of violence is the most difficult part for the authorities, because there are perspectives and risks that arise as a result of reports of acts of violence experienced by women. Women have the right to complain about illegal acts and receive protection under Law no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which allows for the settlement of cases of violence against women through the courts.

Darmawan Wiridin; Zulfikar Putra; Hado Hasina; Muh. Arifin

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The existence of legal aid in a legal state is a necessity to provide legal assistance for the poor as mandated by the constitution. The implementation of the provision of legal aid to citizens is an effort to fulfill and at the same time as the implementation of a state of law that recognizes and protects and guarantees the human rights of citizens for the need for access to justice and equality before the law. The purpose of this service is to provide information to the community regarding the existence of legal aid for the poor in Pasarwajo Subdistrict This service activity is carried out in the form of lectures, questions and answers / discussions in which the speaker presents the material or presentation of the material then continues with a two-way discussion (question and answer). The findings obtained, that so far the community has not received complete information about legal assistance to the poor without being charged. After the socialization activity, the community, especially those in Pasarwajo Sub-district, had received information about legal aid. In addition, the activity was followed up with the formation of an institution that focuses on assisting legal cases affecting the poor in Pasarwajo Sub-district.

Indra Yuliawan; Setiawan Budi Santoso

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

Temanggung Regency has an area of mostly highlands because it is located on the part of Mount Sindoro and Mount Sumbing. In general, these areas have lower temperatures and water is more limited than areas that are located lower, especially during the dry season. Not all types of plants can live and develop properly. One type of plant that can be cultivated with good results is tobacco. Initially, the tobacco grown in Temanggung Regency was N. tabacum var. fructicosa then became a variety that has been adapted for years to produce a specific tobacco quality. Through a special cultivation model, namely related to tillage, planting seeds, plant maintenance and fertilization, a long flat-shaped tobacco is produced with a width of approximately 0.5-1 cm. Therefore, people call it soft tobacco. Soft tobacco which is the original cultivation of the people of Temanggung is a special attraction for kretek products so that several manufacturers mix their products with soft tobacco from Temanggung Regency. Regardless of the pros and cons of the tobacco plant itself, Soft Tobacco can have economic value so it has potential to be used as a Geographical Indication for Temanggung Regency. This writing uses a qualitative method, with a normative juridical approach, in which case the method uses a statutory and conceptual approach. Protection of geographic indications aims to protect the uniqueness of a product, in this case, Temanggung soft tobacco from counterfeiting or improper use, while at the same time providing opportunity and legal protection to the people of the Temanggung area as producers of soft tobacco products to get maximum benefits. Therefore it is interesting to write about Soft Tobacco having the potential to become a Geographical Indication for Temanggung Regency and what is the role of the local government in making this Soft Tobacco a Geographic Indication.

Akem Doristu Engla; Lardson Dean; Nanda Rizky Rilandi; Raihana Raihana

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The rapid development of information and communication technology produces a multifunctional internet. This development brings us to the threshold of the fourth revolution in the history of human thought, when viewed from the construction of human knowledge which is characterized by a borderless way of thinking. The acceleration of technology is increasingly increasing which is the material cause of continuous change in all interactions and activities of the information society.

Aulia Puspa Andari; Priscilla Regina Pramesti Wibawa; Sumriyah Sumriyah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The Holding Company is part of the company, the Holding Company Philosophy which was originally to create added value, efficiency and strengthen the supply chain has now become a business innovation for the company's development in Indonesia. Because the Holding Company is part of the Company, the highest position in the company is the GMS. The position of the GMS in the holding company has the same role as in the company, namely making strategic decisions, overseeing company performance, and maintaining transparency and accountability even though the holding company itself is a holding company which under its control oversees the policies of the subsidiary companies it shelters.

Hardi Fardiansyah; Rio Christiawan; Tuti Widyaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The lowest echelons of society have been affected by the global spread of the coronavirus epidemic, which has infected people from all walks of life and altered regional lives and cultural practices. In addition to causing a recession in the national economy, this issue has also decreased peoples' purchasing power and ability to withstand the rising cost of living.This study outlines the efforts made by the Bandung Regency government to provide good guarantees for street children through preventive measures, financial education assistance, fostering enthusiasm and shelter supervision, developing regulations and policies, and providing freedom of choice for street children in the medium term through playing, direct support, approaches to tackling social issues, and suggestions for revenue management. the enhancement of human resources, research into the growth of street children, and evaluation of good street child conduct are all attempts to better society.The problem is that because of spiritual issues, many of them try to escape and destroy necessities of life. Despite having a sizable state budget, it is impossible to employ street children in suitable jobs. Additionally, there is still a dearth of assistance and backing from many organizations.

Shafira Mayzahira, Almas; Marbun, Warasman; Mardani, Mardani

DINAMIKA HUKUM 2023 Universitas Stikubank

Crime is a social phenomenon that is the responsibility of the state and society because the more crimes that are committed, the greater the danger to the state and society. This study uses normative legal research methods which aim to analyze and evaluate court decisions related to law enforcement of perpetrators of fraudulent online motorcycle taxi ordering fraud. This method will involve literature study and document analysis, namely court decision number 1507/PID.SUS/2018/PN.MDN and decision number 143/PID.B/2018/PN.LMG which is related to the fraudulent case of fictitious online motorcycle taxi orders. The analysis was carried out using a statutory approach and legal theory related to criminal acts of fraud and related court decisions. The results of the analysis will be requested and presented in a narrative form that can provide a deeper understanding related to law enforcement against perpetrators of criminal acts of fraudulent online motorcycle taxi orders. Based on the author's analysis above of the two criminal court decisions in the field of Information and Electronic Transactions Law, it turns out that the authors found that it was very low and did not give a deterrent effect to perpetrators of the Electronic Information and Transactions Law and did not provide a sense of justice to victims. Keywords : Law enforcement, crime, fraud, fictitious order, online motorcycle taxi.

Dirga Prayogo, Septian; Andraini, Fitika

DINAMIKA HUKUM 2023 Universitas Stikubank

Rule point 3 of the UUPA states that the use and exploitation of agrarian lands, especially the management of ulayat land, is carried out by customary leaders (Kepala Adat) and the utilization is intended for both members of the customary law community concerned and people who are not part of the customary or local law community. Every citizen has the right to obtain legal remedies as well as remedies for violations of rights they have suffered as well as a fair legal settlement. In this case, the state has an obligation to ensure the fulfillment of these rights. Based on access to justice which is a constitutional guarantee of human rights. Likewise in the explanation of Law no. 39 of 1999 concerning Human Rights Article 6 Paragraph (1) states that customary rights which are actually still valid and upheld within the customary law community must be respected and protected in the context of protecting and enforcing human rights in the community concerned by taking into account the law and regulations. laws and regulations. The approach method used in the preparation of this thesis is normative juridical research (normative legal research method). The normative juridical research method is a legal research library conducted by examining library materials or secondary data. By using the deductive method of thinking (a way of thinking in drawing conclusions from something general that has been proven true and that conclusion is aimed at something specific). Based on the analysis that the author conducted regarding the Recognition of Ulayat Rights in the Republic of Indonesia, the district/city government is the first line to provide recognition and protection of customary rights over customary law community lands. Regional autonomy, which forms local governments that are close to the people, is expected to increase legal recognition and protection of the customary rights of customary law communities which are often neglected in state life.   Key Word: Oil Palm, Law Protection, Customary Land.

Rifaldi, Aditya; Suliantoro, Adi

DINAMIKA HUKUM 2023 Universitas Stikubank

The background of this thesis is that it starts from the rapid growth of information technology-based lending service providers, apparently not balanced with adequate education to the public, causing various effects / risks that arise from the many kinds of online loans and there are still many unregistered or illegal organizing companies found as well as the potential for leaking user personal data that can be misused by the organizing company or another party One of the platforms is the Smart Credit App.   The problems that the author raises in this study are How to Arrange Online Loans on the Smart Credit Application, How are the Losses arising from online borrowing of the Smart Credit Application and How is the Responsibility of the Smart Credit Application for Losses from Customers. The research method used by the author in answering problems is Normative Juridical Research where the author tries to examine problems with existing legal rules and uses the literature study method in collecting existing legal materials. The conclusion of this thesis research is that Online Loans through the Smart “Credit Application in the people of Semarang City are regulated in Article 1320 of the Civil Code which in essence stipulates thatagreements made online must still meet the legal requirements of an agreement. The implementation is regulated in POJK regulation 77/2016 concerning Technology-based Loan Services. Customer protection in online loan agreements can be found in the Consumer Protection Law in article 7 which regulates the Obligations of Business Actors, then Article 8 which regulates things that are prohibited from being done by Business Actors, and Article 18 which regulates the provisions of matters related to the Standard Clause. ITE Law, where in Article 11 and Article 17 of the ITE Law regulates matters related to the validity of electronic agreements, OJK Regulation Number 77 / POJK / 2016 concerning Services of a Loan in the form of Money Based on Information Technology which is regulated through article 18 concerning the Form and Structure of online loan agreements. The disadvantage that often arises from the Smart Credit Application is the dissemination of personal data carried out by the Smart Credit Application because the Debtor does not make payments on time, so the debt Collector uses techniques to use the dissemination of personal data to pressure the Debtor to immediately make payments, Juridical Responsibility The Kredit Pintar application for actions committed for defamation can be held civil liability through a Tort Lawsuit as stipulated in article” 1365 of the Civil Code filed by Customers who feel aggrieved because their identity is used in the misuse of personal data.   Keywords : Online Loans, Smart Credit Applications.

Budiman, Eren Arif

DINAMIKA HUKUM 2023 Universitas Stikubank

In order to ensure the strength and existence of political parties in parliament, political parties have authority over their cadres who become people's representatives. One of the authorities of political parties over people's representatives is the Time Shift (PAW), which is used by political parties against members of the People's Legislative Assembly who come from political parties. As a result, political parties have the authority to dismiss political cadres who are found to have violated party rules or the constitution. This study will look at how problematic the Inter-Time Change of DPRD members in Paniai Regency is under Law Number 17 of 2014. The research method employed is normative research, which is defined as research based on theoretical studies, principles, or other existing written legal regulations that will then be examined from various perspectives such as theory, history, philosophy, comparison, structure and composition, scope and material, consistency, general explanations, and chapter by chapter. The Prosperous Justice Party faction encountered difficulties in implementing the AMOS KEGIBUI MUYAPA Inter-Time Alternation mechanism in the Paniai Regency DPRD. AMOS KEGIBUI MUYAPA's problems and delays are contrary to statutory regulations; therefore, Time Shift (PAW) must be carried out in order to increase the strength and existence of the Prosperous Justice Party and the opposition in parliament in order to build political strength in the face of the 2024 general election.

Sugih Ayu Pratitis; Rehulina Rehulina

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separated, if one day there is a separation. An agreement is an event where a person promises to another person or where two people promise each other to do something. When compared to an engagement with an agreement, apart from the agreement being a source of engagement other than the law, the engagement is also an understanding that is still abstract, because the parties are said to carry out something, while the agreement is already a concrete understanding, because the parties are said to carry out something certain events. This research is a type of legal research that uses a normative juridical approach. The implementation of the marriage agreement so that the agreement is valid in the eyes of the law, the agreement must be made authentically before a notary. The prenuptial agreement is made for the benefit of legal protection of each other's innate assets, namely the property of the prospective husband or the property of the prospective wife. By making a Pre-Marriage Agreement, it will provide a sense of security to the prospective husband and wife in carrying out their household ark. Prenuptial agreements are made to confirm assets, rights of husband/wife, obligations of husband/wife and responsibilities of each party.

Rachman Ma'ruf; Indra Lamhot Sihombing; Fradhil Mensa; Raihana Raihana

Jurnal Hukum dan Sosial Politik 2023 International Forum of Researchers and Lecturers

The development of the era of technology and globalization is currently driving the development of information technology. The development of this information technology has spread throughout the world, not only in developed countries but has reached developing countries including Indonesia. This makes information technology has an important position for the progress of a country. The needs of people in the world are also growing so that information technology plays an important role today and in the future. Information technology brings great benefits and interests to countries in the world, especially Indonesia.