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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.

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.

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.

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.

Vina Aprilia; Nur Lailatul Maghfiroh; Salsabila Dhiya Atik; Nabyla Qutrun Nada; Alfan Hermawan +6 more

Jurnal Riset Ilmu Farmasi dan Kesehatan 2024 Asosiasi Riset Ilmu Kesehatan Indonesia

Health is the main capital for the growth of the nation's life.  The development of trade is currently experiencing very rapidprogress, which occurs not only in the goods traded but also in the buying and selling transactions themselves.  One very important component of health is the availability of medicines as part of public health services.  This research aims to find out about the distribution of drugs without a distribution permit and consumer protection in terms of monitoring and taking action against drugs without a distribution permit that are sold online by the Food and Drug Supervisory Agency and the Ministry of Communication and Information.  The results of the research show that the Food and Drug Supervisory Agency has made various efforts to protect the public from drugs without distribution permits that are sold online, in handling the circulation of drugs sold online, the Food and Drug Supervisory Agency collaborates with Interpol and other government agencies such as the Ministry of Communication and  Informatics carries out Operation Pangea.  In this operation, the Food and Drug Supervisory Agency will list websites and social media accounts that promote and market drugs without a distribution permit to be submitted to the Ministry of Communication and Information for blocking.  A distribution permit is preventive supervision as a form of protection for consumers carried out by the Food and Drug Supervisory Agency before the drug circulates in the community.  So it is reasonable to suspect that if a drug does not have a distribution permit, the drug has not been tested for safety, efficacy and quality aspects.

Redyana Lutfianidha

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

Muncar District, Banyuwangi Regency is one of the districts which is an industrial area, especially in the field of processed marine products, such as petis, sardines and and others. There are also quite a lot of workers at UD in Muncar sub-district. The author is interested in conducting research at UD which is engaged in petis processing in Muncar District. The UDs referred to in this research are UD Dewi Sri Ayu, UD Kurnia Industri, and UD Tiga Bawang Putih. Petis companies in Muncar sub-district, Banyuwangi district are very vulnerable to work accidents. This is because to produce petis, high power machines are used and very sharp knives are used to cut fish and also to crush shrimp heads which are used as raw materials for making petis. K3 safety in carrying out this work is very important because considering the situation and conditions faced in the work environment, it is very prone to work accidents. Likewise, what happened at UD Kurnia Industri, the atmosphere and conditions were very uncomfortable because the production system carried out was not in accordance with standards, one of which was that there was no dampening of air pollution and heat because the tools used to cook petis were still very simple and traditional.

Sri Hardhina Kunjayanti; Agus Widodo

Prosiding Seminar Nasional Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Medicinal chemicals (BKO) are chemical compounds that are commonly added to traditional medicinal preparations to increase the drug's indications and offer a powerful and rapid impact in illness treatment. Traditional medicines containing BKO in Indonesia, particularly in East and West Java, are increasing year after year, from 43 to 50-53 traditional remedies containing medicinal compounds. Using the normative method, researchers will be able to use the findings of empirical legal science and other sciences to analyze and explain law without altering the character of normative legal science. The Consumer Protection Law Number 8 of 1999 regulates legal protection for consumers who consume industrially produced traditional medicines containing dangerous chemical chemicals. Article 19 (1) states that business actors are responsible for compensating consumers for damage, pollution, and/or losses caused by the consumption of goods and/or services produced or traded. (2) The compensation described in paragraph (1) may take the form of a refund or replacement of products and/or services of the same kind or equivalent value, or health care, and/or the payment of compensation in line with the provisions of the applicable laws and regulations. (3) Compensation is granted within 7 days after the transaction date. (4) Providing compensation as stated in paragraphs (1) and (2) does not preclude criminal prosecution based on further evidence indicating the presence of an element of error. (5) If the business actor can demonstrate that the error was caused by the customer, the rules intended in paragraphs (1) and (2) do not apply. Suggestions for effective implementation. Suggestions so that they can be implemented well.    

Sahira Azzahra; Atika Fitriani; Erma Nuril Fajria; Mivtahul Janati Rahmi Fajri; Sarifah Aini Hasibuan +1 more

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Gender inequality, sexual violence, domestic violence, trafficking in women, and wartime exploitation are some of the many human rights violations that occur. With the advancement of information technology and globalization, the use of violence has changed and evolved. Revenge pornography, also known as "revenge porn", is combined with direct acts of violence.    The purpose of this research is to find out what causes revenge pornography and how legal protection can be given to its victims. This research uses normative research that uses legislation to examine a study by examining theories, concepts. Some of the causes of revenge pornography crimes are as follows: Ineffective laws, the patriarchal culture that still exists in Indonesian society, lack of sexual education, law enforcement that has not run properly, and handling victims who often backfire. The state is responsible for protecting victims of sexual harassment. Several existing laws protect victims of pornographic abuse.

Cepi Winarso; Nathasya Nathasya; Santy Fitnawati WN; Robby Nurtresna

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

Land ownership was part of the civil rights, and the state gave legal evidence to probed peoples with land certificates. Inaccuracies in the making of the land papers/certificates could be due to deliberate or fraud (fraud) and/or coercion (dwang) in the making of the physical or legal data recorded on the land list. Hence, the certificate given may be invalid. The purpose of this research is to 1. Analyzing how the settling of the overlapping land-ownership disputes led to a dual certificate. 2.  BPN responsibility analysis and legal protection methods in the making of double certificates. The study is conducted using a methodological study of prescriptive law and a field investigation approach. The land dispute was a dispute between two or more persons to retain a legal property rights against each person or group to maintain an interest in the same land or item inside or above the ground.

Marsandy Calvin Budiman; Nirwan Junus; Sri Nanang Kamba

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to identify and analyze the factors that drive fiduciaries to transfer fiduciary objects to third parties without the consent of the fiduciary receiver. Furthermore, this study also aims to analyze the legal protection provided to the fiduciary receiver concerning the transfer of fiduciary collateral conducted by the fiduciary without the consent of the fiduciary receiver. Lastly, this research will examine the criminal liability that arises from the transfer of fiduciary collateral without the consent of the fiduciary receiver.In conducting this research, the researcher employs a normative-empirical legal research approach, utilizing the statutory approach, comparative approach, and case approach. Criminal liability in the transfer of fiduciary collateral without the consent of the receiver may result in criminal responsibility for the fiduciary. Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral stipulates that a fiduciary who transfers the collateral object without written consent from the fiduciary receiver may be held criminally accountable..  

Cahyani Wayuningtias Posangi; Mutia Cherawaty Thalib; Mohammad Taufiq Zulfikar Sarson

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This research is intended to find out (1) whether recording a film using a video camera and uploading it via Instagram story in the cinema constitutes a copyright violation. (2) what are the legal consequences of violations of film recording using a video camera in a cinema that is uploaded and distributed on social media Instagram stories? This research uses a type of normative legal research with a statutory approach, conceptual approach and case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The primary legal materials in this research are legal materials of an authoritative nature such as statutory regulations, court decisions, and treatises, as well as official state documents. Meanwhile, secondary legal materials consist of books, scientific articles and other sources that are considered relevant to the research to be conducted. The results of the research show, firstly, that the act of recording film scenes by members of the public in a cinema, which in turn is uploaded to social media, cannot necessarily be classified as a criminal offence, on the grounds that the elements of this criminal act cannot be fulfilled. On the other hand, the community's intention to violate economic rights for commercial purposes must be fulfilled first to determine the action as a criminal offense. Second, legal protection by the government, in this case the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia for creators or rights holders, can be done in two ways: the first is by instilling a sense of awareness in the community, and the second is by creating a legal protection policy ( new legal protection policy) by revising the Law on Copyright.

Antan Yuniar

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Copyright is an exclusive right for creators or recipients of rights to announce or reproduce their creations or give permission for them without reducing restrictions according to applicable laws and regulations. Issues regarding intellectual property rights, one of which is copyright, in today's free trade are things that must be considered. Therefore, it is important to protect copyright for creators so that their ideas, creativity and works are not plagiarized by others. In this case, the legal protection for copyright that can be given is based on Law Number 28 of 2014 concerning Copyright. The method used in this study is normative with a qualitative approach and the sources used are Law Number 18 of 2014, books, journals and articles related to the problems studied.

Vika Auralia Sari

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

Acts of violence against children in schools deserve the attention of the Indonesian Child Welfare Commission. The current situation creates a context that needs further attention for legal defense in which children are targets of cruelty in schools, as everyone knows that educational institutions are a place where the young generation is educated to become educated adults for the next generation. The role of the teacher is as a parent at school, sharing good and correct knowledge and enlightenment, not being used as a bully to students at school. The main issue discussed first is what factors cause the many incidents of injustice towards the younger generation in educational institutions in Indonesia at this time and the steps taken by KPAI towards children in Indonesia as they exist. In the article, the method of study used is theoretical study by applying the document collection method, namely library research or book study. It is hoped that the results of this study will invite elements including teachers, parents and students to involve schools in monitoring their students and taking part in the role that educational institutions can use to provide an umbrella for their students when carrying out the role of teachers as moral shapers. Teachers who are devoted to the Creator, share the most important encouragement and passion with parents at home to teach children to think positively about the injustice that befalls them.

Rivaldo Yustitio Syauta; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

This research aims to find out what form of legal protection there is for consumer data who make loans through online applications in Gorontalo and to find out what efforts consumers can take if there is a dispute with the lender regarding leakage of consumer data. This research is empirical normative legal research conducted at the Gorontalo Regional Police and victims of data misuse by online loans. Primary data and secondary data obtained through library research and field research were then analyzed qualitatively. The research results show that the form of legal protection for consumer data who make loans through online applications in Gorontalo is carried out in three forms, namely: first, protection through regulations, namely in the Personal Data Protection Law, the Consumer Protection Law, and Article 1338 of the Civil Code. Second, protection through law enforcement efforts carried out by the police, as well as preventing misuse of data through legal education as a form of preventive legal protection. Meanwhile, efforts that consumers can take if there is a dispute with a lender regarding leakage of consumer data are legal action taken by the police through reporting complaints from the public to investigations that follow up on complaints from the public, and monitoring and taking action carried out by the OJK as parties who carry out activities regarding the implementation of non-bank banking institutions such as online loans. 

Kristianto Jansen Hengkengbala

Doktrin: Jurnal Dunia Ilmu Hukum dan Politik 2024 International Forum of Researchers and Lecturers

The aim of this research is to explore how Law Number 11 of 2012 regulates the Juvenile Criminal Justice System and how juvenile criminal responsibility is regulated in the juvenile criminal justice system in Indonesia. By applying normative juridical research methods, it can be concluded as follows: 1. The Juvenile Criminal Justice System aims to achieve practical progress in efforts to optimally protect children, who are considered valuable assets for the future of the nation and state. Legal protection for children is defined as legal protection measures for various freedoms and human rights of children, as well as interests related to their welfare. 2. Criminal liability for minors who are involved in violating the law in accordance with the provisions regulated in the Criminal Code and Law no. 11 of 2012 concerning the Juvenile Criminal Justice System. Children who are involved in criminal acts can still be held accountable, subject to criminal threats determined by the Criminal Code. The penalty for children is set at half the maximum penalty imposed on adults. It is important to note that life sentences and the death penalty are not applied to children in this context  

Syahla Putri Raharyanti; Lies Sulistiani; Rully Herdita Ramadhani

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

The Application of Justice Collaborator in the crime of premeditated murder is still considered unclear, this is based on the provisions in Law Number 31 of 2014 concerning the Protection of Witnesses and Victims, as well as SEMA Number 4 of 2011 which explains that a witness to a perpetrator who is a worker can appear in a confrontation at certain or special types of cases. These pros and cons reappear because a Justice Collaborator has the right to obtain leniency as a form of legal protection for perpetrator witnesses, even though the perpetrator is an important person in the case yet he is not an intellectual actor. Research shows several regulations governing Justice Collaborators, but they are not yet rigid and have finally expanded their meaning in their application. The provisions regarding the implementation of Justice Collaborator are considered to have an important existence in the criminal system.    

Dita Cahyani Sudirman; Nabila Alya Husna; Salsabilla Putri Alaika; Aura Syahranni; Donyuanalloh Azdy

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

The study of the role of the Financial Services Authority (OJK) in protecting banking customers is an important topic in the context of consumer protection and the stability of the financial system. OJK has the authority to end operational supervision procedures related to bank and non-bank exchange transactions, as well as providing legal certainty for customers. It is an Islamic economic perspective, OJK also has a role in protecting sharia banking customers. Legal protection for depositing customers has been regulated in various laws and regulations, including Law Number 21 of 2011 concerning OJK. OJK also has an important role in resolving consumer complaints in accordance with those regulated in the Consumer Protection Law. In addition, OJK is also involved in regulating national economic stimulus policies that have an impact on the spread of COVID-19. Through regulations such as OJK Regulation No. 48/POJK.03 Year 2020, OJK plays a role in loving the guarantee for financial losses felt by depositing customers. Thus, the role of OJK in protecting banking customers is very important in maintaining public trust in the financial system.

Naufal Wahyu Nabiha; Umi Enggarsasi

Jurnal Riset Rumpun Ilmu Sosial, Politik dan Humaniora 2023 Pusat Riset dan Inovasi Nasional

Money Laundering is an attempt to hide or disguise the origin of money or assets resulting from a criminal act through various financial transactions so that the money or assets appear as if they came from legal activities. The criminal act of money laundering is increasingly complex, and uses increasingly varied methods, one of the crimes originating from money laundering is fraud. The problems studied are how the law protects victims of fraud, what is the mechanism for confiscating and returning assets resulting from criminal acts originating from the assets of fraud victims, as well as an analysis of the basic considerations of judges in the Supreme Court decision no. 3096 K/Pid.Sus/2018. The defendant, who was proven to have not only committed the crime of "Fraud", was also proven to have committed the crime of "Money Laundering", therefore, based on the provisions of Article 39 of the Criminal Code in conjunction with Article 46 of the Criminal Procedure Code, the evidence was confiscated for the state. 

Sudirwan Sudirwan

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Vehrial Vahzrianur; Samudra Farasi Putra; Rizky Bayu Pratama; Muhamad Revanza Solihin; Aditya Pangestu Halomoan Tampubolon +1 more

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Juridical Review of the Digital Banking System for Customer Protection discusses legal certainty for customers in banking transactions via internet banking. The study highlights the protection of customers' personal data and the security of banking information regulated in related agreements including Law no. 10 of 1998 concerning banks and Law no. 11 of 2008, which was changed to Law no. 19 of 2016 concerning electronic information and transactions. Legal protection of online banking users from cybercrime also serves as a research focus. Several studies also highlight the importance of policy protection for victims of economic crime in the banking sector. Customer protection in digital banking systems is becoming increasingly important along with rapid technological developments