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Viadora Asnawi; Yohanes G. Tuba Helan; Detji K. E. R. Nuban

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

The purpose of this research is to analyze the legal protection of children's health rights from the dangers of school snacks in Kupang City. This research is an empirical research, which uses data collection techniques through interviews, documentation studies to obtain primary and secondary data on Legal Protection of Children's Health Rights from the Dangers of School Snacks in Kupang City, with 11 respondents, data analyzed descriptively qualitative. The results showed that the legal protection of school children as consumers of PJAS (School Snack Food) in Kupang City, in conducting legal protection of school children has not been effective because BPOM conducts surveillance in schools in Kupang city only taking sampling from several schools in Kupang city. The efforts of POM Center in Kupang in supervising PJAS (school snacks) in Kupang City, in performing the supervisory function of safe PJAS in Kupang City are limited experts to conduct supervision in the field, the rise of online sales, the low level of public education and the lack of strict law enforcement. (3) Are the prevention efforts carried out by the POM Center in Kupang against PJAS (school snack food) traders in Kupang City, the Food and Drug Supervisory Agency has not been maximized in sanctioning school snack food traders who are proven to use hazardous ingredients in processed food.

Radhi Renault Salmun; Jimmy Pello; Bhisa Vitus Wilhelmus

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

Conflicts between humans and wild crocodiles still occur frequently in East Nusa Tenggara. Conflicts often occur with residents who live on coastlines and river estuaries, where most of the population earn their living as fishermen and farmers. The objectives of this research are: (1) Want to know the form of legal protection for people who are attacked by crocodiles in crocodile habitats. (2) Want to know the pattern of conflict management between humans and crocodiles in their habitat. This research is a type of empirical juridical research, or what is called field research, namely examining applicable legal provisions and what happens in reality in society. Empirical juridical research is legal research regarding the application or implementation of normative legal provisions in action in every legal event that occurs in society. The results of this research show: (1) Legal protection that protects every human right that is attacked by a crocodile has been clearly regulated in law number 5 of 1990, government regulation number 7 of 199 9, government regulation number 13 of 1994, and ministerial regulations forestry number P.08 of 2008. (2) Efforts to overcome conflict between crocodiles and humans have been carried out by establishing a SATGAS or task force for dealing with conflict between humans and wild animals and consists of two units, where one unit is tasked with dealing with the community and the other unit tasked with dealing with wild animals. There are also several government agencies in it to respond to reports quickly and handle them according to SOPs or standard operational procedures for handling conflicts between humans and wild crocodiles which serve as standard guidelines for handling conflicts reported by the public. As well as efforts from the government, there have also been short-term efforts such as outreach and long-term efforts such as conducting more in-depth research on crocodiles. Based on the results of this research, it is hoped that there will be awareness from all components, both society and government, so as not to excessively convert land so that it destroys the natural habitat of crocodiles and causes crocodiles to escape into public areas.

Faturohman Faturohman; Samsul Anwar; Yulliastuti Yulliastuti

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

Development is a process in which a condition, situation, or entity experiences change or progress from one state to another that is better or more advanced. In a broader context, development can cover various fields, such as economic, technological, social, cultural and political. Development is often associated with positive progress or growth. Development can also refer to a more general process of change, including changes in people's thoughts, views, and values. Development refers to the physical, mental, emotional, and social growth that occurs throughout a person's life cycle. Violations are actions or behavior that violate established rules, laws, norms or codes of ethics. Violation often refers to actions that violate laws or regulations imposed by the government. This can include actions such as theft, violence, fraud, drug abuse, and so on. Violations of the law can impact individuals, groups, or society as a whole and can result in legal consequences, such as incarceration, fines, or other penalties. Violations reflect non-compliance or violation of established standards, and often result in negative impacts, both for the individual who violates and for other people or society as a whole. In Indonesia, there are regulations regarding Human Rights (HAM), which have been implemented in established laws and regulations. In Indonesia, Human Rights (HAM) can be regulated in various laws and regulations such as: 1956 Constitution, articles 18-34 concerning Human Rights (HAM). These articles can guarantee basic rights such as the right to life, freedom, justice, legal protection, religious freedom, and the right to get a job. Law Number 39 of 1999 concerning Human Rights (HAM). This law is a regulation that specifically regulates human rights in Indonesia. This law states the Indonesian government's commitment to Human Rights (HAM) and establishes the basic principles and mechanisms for protecting Human Rights (HAM). And also, Law Number 26 of 2000 concerning Human Rights Courts (HAM), which regulates law enforcement against human rights violations in Indonesia, including the establishment of a Human Rights Court as a special law enforcement institution that examines and adjudicates cases of violations. HAM. The development and violations of Human Rights (HAM) in Indonesia have a significant impact on society, the government and the country as a whole. The following is the impact, namely the protection and promotion of individual rights, where the development of Human Rights (HAM) has a positive impact by ensuring that individual basic rights are respected and promoted. This includes the right to freedom of opinion, freedom of religion, the right to legal protection, economic, social and cultural rights. This development strengthens democracy and the welfare of society as a whole

Ferdinand Yusuf Marcelino Sihite; Hernawan Hadi

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

This research aims to analyze the extent of LMKN's authority to act as a legal protection institution for the economic rights of copyright holders and legal protection efforts for copyright violations, especially Mechanical Rights. This research is normative legal research that is prescriptive and applied with a case approach, namely examining one case of copyright infringement by duplicating songs/Musik without permission from the Creator and Owner of Related Rights as stated in the Decision of the Central Jakarta Commercial Court Number: 35 /Pdt.Sus-Copyright/2021/PN.Jkt.Pst. The collection of legal materials was carried out by conducting library studies and research on the legal sources used, namely primary and secondary legal materials. The analysis technique that the author uses is the syllogism method which is deductive, by submitting a major premise and a minor premise that connect each other to create a conclusion. Based on this research, the results obtained show that the LMKN which was created by the Government as a legal protection institution for copyright holders cannot fully become an institution that accommodates the rights of the Copyright Holders themselves. This is due to the limitations of LMKN which only deals with song copyrights of the Performing Rights type, while for Synchronization Rights and Mechanical Rights they must obtain permission directly from the Creator and Owner of the Related Rights. For this reason, in this writing the author includes Decision Number: 35/Pdt.Sus-Hak Copyright/2021/PN.Jkt.Pst. where in this case the resolution efforts that can be taken if a copyright violation occurs will be analyzed.

Andreas F. Ratoe Oedjoe; Aksi Sinurat; Deddy R. CH. Manafe

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

Dating violence is an act of violence against a partner who is not yet married, including physical, psychological and sexual violence.  The facts behind the occurrence of cases of violence during the dating period occur due to various causal factors, one of the factors that can cause these acts of violence can be caused by the victims themselves. The impact of violence in courtship is of course that there are parties who suffer both physically and psychologically and are entitled to their rights in the fulfillment and protection of their lives, as well as from psychosocial aspects that greatly affect the psychology and life of individuals and are very influential and reciprocal in the lives of victims, with the fulfillment of victims' rights such as medical treatment, counseling, therapy and rehabilitation, victims can be restored to normal. This study aims to determine the role of victim factors in the occurrence of violence in the dating period, as well as the form of legal protection for victims of dating violence. This research uses empirical legal research methods sourced from data obtained directly in the form of statements and opinions from respondents, namely the perpetrator, the victim, the Office of Women's Empowerment and Child Protection, and the PPA Polresta Kupang Kota. The results showed that the occurrence of violence during the dating period was also caused by the role of the victim, namely the provocation of the victim and the dependence of the victim on the perpetrator, then the results also showed that there was a form of legal protection for victims in the form of providing legal assistance, providing health assistance, spiritual assistance and rehabilitation.

Erwin Wahyu Saputra; Diana Tantri Cahyaningsih

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

This article aims to examine the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars due to production defects. This research is a prescriptive and applied normative legal research with a statue approach and case approach. The sources of legal materials used are primary and secondary legal materials, by means of literature study of documents or library materials, and syllogism and interpretation techniques using deduction thinking. The results of this study are the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars can choose two forms of legal protection described by Moch Isnaeni, namely internal legal protection and external legal protection. In internal legal protection in the form of an agreement made in the agreement to purchase a third generation Toyota Avanza car. While external legal protection is protected by laws and regulations, government regulations, and ministerial regulations. 

Moammar Khadafi; Otih Handayani; Widya Romasindah Aidy

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

The proliferation of imported used clothing trade is due to clothes sold having foreign brands at cheap prices so that people who want to stay fashionable prefer imported used clothes because they are considered more affordable. The Clinical Pathology Laboratory of Muhammadiyah University Surabaya stated that used clothing samples contained mold or yeast fungi, Staphylococcus aureus bacteria, Escherichia coli bacteria and HPV (Human Papilloma Virus). This study aims to investigate the regulations regarding the trade of secondhand clothing in Indonesia and explore the legal protection provided for consumers of secondhand clothing in the country. The study employed a normative juridical legal research method, utilizing both the statute approach and conceptual approach. It drew upon legal materials such as Law Number 8 of 1999, Law Number 36 of 2009, Law Number 7 of 2014, and Minister of Trade Regulation No. 18 of 2021. The initial finding of the research was that the importation of secondhand clothing in Indonesia has been prohibited under Minister of Trade Regulation No. 18 of 2021, Article 2, paragraph (3), while local secondhand clothing businesses are permitted based on the Indonesian Business Field Standard Classification (KBLI) with code 47742. Secondly, legal protection for secondhand clothing consumers in Indonesia has been regulated in Law Number 8 of 1999. One of the consumer rights that needs to be fulfilled in consumer protection is the right to compensation for losses suffered by consumers based on Article 4 number 8, Article 7 letter f, and Article 19 paragraph (1).

Monica Fitriyani Purba; Adi Sulistiyono

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

This research is conducted to analyze the comparison of disgorgement in the US and Indonesia and the regulation of POJK No. 65 /POJK.04/2020 in legal protection for investors. This research is categorized as normative legal research with a statute approach and comparative approach and uses library research techniques from primary and secondary legal sources. The results showed that POJK No. 65 /POJK.04/2020 has the potential to recover investor losses. Nevertheless, the risk of loss still exists mainly due to crimes and violations in the capital market. By implementing the regulation, it is expected to increase investor confidence and strengthen the integrity of the capital market. However, to achieve optimal implementation, further education to investors, transparency in the disgorgement determination process, and an effective monitoring and evaluation system are needed.    

Eriz Syawaldi; Irwan Triadi

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

This study examines the theoretical basis of the Nebis In Idem principle in civil cases, especially in class actions and how the basis for the Judges' consideration in applying the Nebis In Idem principle in Class Action Decisions, where the method of approach used in this scientific work is normative juridical, namely research that analyzes laws and regulations with literature studies. Using primary source study materials in the form of regulations, while secondary legal materials include books, articles from accredited journals, besides that tertiary legal materials consist of legal dictionaries.  This journal begins with a formulation of the meaning of the application of the Nebis In Idem principle.  Then describes descriptively the relationship between Article 10 of PERMA No. 1 of 2002 concerning Class Action Procedures with Article 1917 of the Civil Code. It can be concluded that the theoretical basis of this principle is solely to provide legal protection for a person's human rights, so that a person is not tried for the same case and prioritizes legal certainty and does not let the government repeatedly talk about the same event.

Nabilla Dhinggar Arumbi; Sapto Hermawan; Asianto Nugroho

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

The high public demand for sunscreen creates business opportunities for entrepreneurs. However, due to this substantial demand, it cannot be denied that some business actors resort to deceptive practices to maximize profits. This includes distributing sunscreen with exaggerated SPF claims or overclaiming SPF, indicating that the lab test results differ from what is stated on the label. The research method employed is qualitative, with a normative-empirical type of juridical research. The findings reveal that overclaiming constitutes a violation of consumer rights under Article 4 of the UUPK. Additionally, business actors infringe upon other provisions, namely, Articles 7, 8, and 17 of the aforementioned law. The responsibility of business actors for SPF overclaims is outlined in Article 19 of the UUPK, compelling them to compensate consumers for resulting damages. This serves as an implementation of Liability Based on Fault and Product Liability.

Harum Tri Nugraheni; Suraji Suraji

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

This article aims to examine the form of legal protection for buyers due to the implementation of legal regulations in Indonesia regarding cases of hidden defects in e-commerce transactions. This research is normative legal research with primary, secondary and tertiary legal materials. This research uses a legislative approach which will then be analyzed using the syllogism method with a deductive mindset. The results of this research show that internal legal protection is created by the parties themselves, if the business actor commits a breach of contract in the form of selling goods that are not in accordance with the agreement, this can result in internal protection not being fulfilled. Meanwhile, the UUPK and PP PSTE are a form of external legal protection because they are regulations that have been made by authorized officials to provide protection to weak parties from injustice.

Muhammad Rafli Akbar Fahriza; Dewa Gede Pradnya Yustiawan

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

This article aims to establish Legal safeguards for employees.within the legal framework of the employment system in Negara kepulauan Indonesia. The study utilizes normative legal research with a focus on legal and regulatory methodologies.. The research findings demonstrate that legal protection for workers in the realm of the Negara kepulauan Indonesian employment system includes: 1) Compensation protection, social protection, and social guarantees for workers; 2) Security and health protection for activities; 3) Legal protection in establishing and becoming a workers' union or employee union; 4) Preventing the infringement of workers' rights in negotiations; in the private sector.

Adam Ilham Fabian; Lego Karjoko; Fatma Ulfathun Najicha

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

Legal protection and human rights for workers are basic rights guaranteed by the constitution. The impact of the development of information technology through online buying and selling has created new jobs such as expedited couriers. However, the lack of protection, especially regarding Occupational Safety and Health (OHS), creates inequality of rights for expedition courier workers. This research aims to explore the legal protection arrangements, especially in the aspect of OHS, for expedition courier workers, with reference to the principles of Pancasila justice. The research method uses a statutory and conceptual approach, with the collection of legal materials through literature studies with legal material analysis techniques used in this legal research is deduction reasoning. The principles of Pancasila justice require regulation in accordance with the values of Pancasila. The lack of regulations covering OHS for couriers results in inequality of rights and frequent work accidents. Therefore, revision of the Occupational Safety regulation needs to be carried out by prioritizing the values of Pancasila justice to ensure the safety of workers, including expedition couriers. The government needs to review the Occupational Safety Law to cover new types of work, such as gojek and expedition services, in accordance with the justice values of Pancasila as the Ideology of the Indonesian nation

Agus Haryanto; Rizky Wahyuni; Wulan Sari

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

This article examines the socio-legal impact of gender-based violence legislation on survivors and societal perceptions of justice. By evaluating the effectiveness of various legal protections and support systems for victims, the study assesses challenges such as enforcement, social stigma, and cultural attitudes. Findings suggest that while legal protections are essential, achieving gender justice requires broader social reforms to address deeply rooted biases and to empower survivors.

Ario Andika Baskoro; Yudho Taruno Muryanto

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

This research aims to determine the regulations related to the implementation of digital gold investment in Indonesia and to determine the form of legal protection that BAPPEBTI can provide through statutory regulations for digital gold customers. This research is normative legal research that is descriptive in nature. The research approach used is a statutory and conceptual approach. The types and sources of legal materials used consist of primary legal materials and secondary legal materials. The legal material collection technique used is literature study a. The legal material analysis technique used is deductive using the syllogism method. Based on the research results, it was found that the implementation of digital gold investment trading in Indonesia is generally regulated in the Commodity Futures Trading Law, explained in more detail in Minister of Trade Regulation No. 119 of 2018, and the technical provisions are regulated in BAPPEBTI Regulations. The legal protection that BAPPEBTI can provide to digital gold customers includes carrying out supervision and even inspection of companies carrying out digital gold trading activities, then if violations are found by the company concerned, BAPPEBTI can impose administrative or criminal sanctions. However, there is a contradiction in Article 6 letters e and f in the Commodity Futures Trading Law, in letter e it is stated that BAPPEBTI has the authority to carry out inspections of parties who have business permits, individual permits, approvals or registration certificates. However, in letter f it is stated that BAPPEBTI appoints another party to carry out certain inspections in the context of implementing BAPPEBTI's authority as referred to in letter e. This shows that BAPPEBTI as a special institution for futures trading cannot be directly involved in enforcing the futures trading system, which means that BAPPEBTI's role in providing legal protection for digital gold customers is not optimal.    

Denis Yusuf Mercury; Agustin Widjiastuti; Paula Paula

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

The company as a place for providing employment, requires accepting workers the detention of the employee's original diploma as a guarantee so that employees cannot violate the rules in the company. Withholding of diplomas is a form of human rights violations that are often ignored by job providers. The purpose of writing this study is to determine the role of the government in handling cases of withholding original diplomas carried out by employers and protecting the human rights of employees to recover original diplomas withheld. The need for legal protection for employees who experience diploma withholding. The research method used by the author in this thesis is using normative research methods with literature research which is research on laws and regulations (Statute Approach) and literature or reading materials and obtained experts and scholars (Conceptual Approach) related to the material discussed. Based on research conducted in the results of the study, there are still many entrepreneurs holding diplomas. Although employers and workers enter into an employment agreement that does not include a clause withholding diplomas, but the original diplomas are still withheld on the basis of mutual trust between employers and employees. The actions of employers have been included in human rights violations, this results in employees not being able to apply for jobs elsewhere that are better in accordance with their abilities. There is a conclusion that there is a legal vacuum, there is no specific law prohibiting the withholding of diplomas.

Kusumo, Bambang Ali

Adi Widya: Jurnal Pengabdian Masyarakat 2024 Lembaga Penelitian dan Pengabdian Masyarakat

Children are an asset of the nation that needs to be well prepared, because the future of this country or nation is determined by the child or the young generation. Given this, then the legal protection of children is very important to do. Areas that need protection for children are religious, health, education, social and special fields. In order to realize or realize the protection of children, the Indonesian Child Protection Commission was established. The Commission has the duty to supervise the implementation of the protection and fulfillment of the Rights of the Child; provide input and suggestions in the formulation of policies on the implementation of Child Protection; Collect data and information on Child Protection; receiving and conducting a review of public complaints regarding violations of the Rights of the Child; Mediate the dispute over Child Rights violations; Cooperate with institutions established by the Community in the field of Child Protection, and report to the authorities on the alleged violation of this Law. " Keyword: Protection, child, law.

Aji Suryanata; Yudho Taruno Muryanto

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

This research aims to determine whether actio pauliana is an appropriate legal remedy in providing legal protection for creditors in bankruptcy cases. It also aims to determine the basis of the judge's considerations in Verdict No. 06/Pdt.Sus.Gugatan Lain-lain-AP/2020/PN.Niaga.Jkt.Pst. Jo. No. 27/Pdt-Sus-PKPU/2015/PN.Niaga.Jkt.Pst. This research is a normative legal research with statutory and case approach. The type of data used is secondary data. The technique used in collecting legal materials in this research is literature study. This research uses syllogism analysis technique and deductive thinking pattern, using major premises and minor premises which then these premises can produce conclusions. Based on this research, it is found that actio pauliana is an appropriate legal remedy in providing legal protection for creditors who are harmed by debtors in bankruptcy cases because there is internal legal protection and external legal protection in accordance with Isnaeni's legal protection theory used as an analysis. The basis of the judge's consideration used as the curator's right to file an actio pauliana lawsuit is Article 47 paragraph (1) and Explanation of Article 3 paragraph (1) of the Bankruptcy Law, then in deciding the case used as the analysis material, the judge uses Article 41 and Article 42 of the Bankruptcy Law.

I Putu Arya Suarnata Wibawa; I Wayan Novy Purwanto

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

The word law comes from the Arabic al-hukm with literally alhukm meaning a rule. In the trial program the judge can become a law, if there is no regulation in this case, it will be the responsibility of the judge to find the legal regulation. This research aims to find out how the legal protection for the loser is from punishing others, as well as finding out that his inheritance can be a guarantee of legal protection for the injured party for a crime committed by the party in buying protection for formal or material losses. The method used in this research is normative legal writing, the methods used are Case Approach and Statute Approach. The case method is carried out by examining cases related to the problems faced which have become court policies and have permanent legal force. The results of the research show that prosecution needs to be based on strong reasons and evidence if this action is an act that has violated the law, if the reasons and evidence cannot be held accountable so that the lawsuit is based on a prosecution that cannot be carried out by law in court. From this, legal protection is needed for the plaintiff who loses from the criminal action.

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.