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Verdy Hengky Kalele; Zainal Arifin Hosein

Majelis : Jurnal Hukum Indonesia 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze the comparison between unlawful acts (PMH) in criminal law and civil law in Indonesia, focusing on the differences in definitions and the elements that constitute unlawful acts in both legal systems, as well as the implications of the application of PMH in each field of law. The research method used is normative juridical, with legislative and conceptual approaches to examine the provisions in the Criminal Code (KUHP) and the Civil Code (KUHPer). This study identifies fundamental differences in objectives, sanctions, and legal subjects involved, as well as their impact on individual and societal interests. The research findings show that although there are similarities in the basic principles regulating PMH, significant differences lie in the nature of the sanctions imposed, where criminal law emphasizes prevention and punishment, while civil law focuses on compensation and recovery of losses. This research provides insights into how these two legal systems complement each other in maintaining justice and order in Indonesia.

Yulinar puluhulawa; Arifin Tahir; Fenti Prihatini Tui

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to analyze how public service based on innovation (E- Government) is implemented at the Regional Office of the Ministry of Religious Affairs of Gorontalo Province, focusing on 1) support, 2) capacity, and 3) benefits. To achieve this objective, qualitative methods were used, with descriptive data analysis. Data collection techniques included observation, interviews, and documentation, employing qualitative descriptive analysis. The findings indicate that the E-Government-based public service innovation carried out by the Regional Office of the Ministry of Religious Affairs of Gorontalo Province involves: 1) support in the form of training for staff on system usage and community outreach to ensure understanding of the SISKOHAT system. Additionally, coordination with system developers was conducted to improve and update the application according to user needs. 2) Capacity refers to several IT tools and systems that support electronic public services; however, frequent technical issues, such as system disruptions or hardware limitations, hinder electronic service delivery. 3) The benefits of SISKOHAT include efficient and integrated management of congregation data, which enhances service delivery to congregants by providing more accurate information.

Aisyah Adilla; Sumriyah Sumriyah

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

An agreement according to article 1313 of the Civil Code explains that "An agreement is an act in which one or more persons bind themselves to one or more other persons". Which in this case is an agreement according to K.R.M.T Tirtodiningrat, an agreement is a legal act based on an agreement between two or more parties, which as a result of the law can be fulfilled by the provisions of the applicable law. A sale and purchase agreement is an agreement in which one party binds himself to hand over an object and the other party to pay the price of the object that has been agreed.  This research is entitled "The Application of the Principle of Consensualism in the Peanut Sale and Purchase Agreement in Taman Village, Jrengik District, Sampang Regency". The purpose of this study is to find out how the principle of consensualism is applied in the peanut purchase and sale agreement in Taman Village and what are the legal consequences that will be obtained for parties who violate the principle of consensualism in the peanut purchase and sale agreement in Taman Village, Jrengik District, Sampang Regency. Thus the study uses empirical research methods. This research method is an approach that prioritizes the use of real evidence and in-depth observation as the basis for his research work. In the results of observations that have been made by researchers on the application of the principle of consensualism of peanut buying and selling agreements in Taman Village, Jrengik District, Sampang Regency, as the times go by, many residents have applied the principle of consensualism in the buying and selling process.

Nor Lailatul Mutfaidah; Abd. Wachid Habibullah

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Openness of public information is an important principle in transparent and accountable government. Openness of information also allows citizens to understand the problems faced by the government and how proposed policies may affect their lives. This research describes the resolution of public information disclosure disputes starting from the Information Commission up to the Cassation level at the PTUN. The approach method used in this research is normative juridical research. This research explains the procedures for resolving public information disputes at the PTUN using the litigation adjudication process regulated by Law Number 14 of 2008 concerning Openness of Public Information and PERMA RI Number 2 of 2011 concerning Procedures for Resolving Public Information Disputes in Court.

Vianti Nur Mauliddya Ike Safitri; Moh. Soleh

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Indonesia is an archipelago with diverse languages, ethnicities, religions and cultural tribes. Although there are many differences, Indonesian citizens always uphold kinship, tolerance and harmony in their environment.  This is in accordance with the motto of the Indonesian nation, namely “Bhineka Tunggal Ika” which describes the diversity of the Indonesian nation, but still one. In dispute resolution, in addition to legal channels, another form of dispute resolution in the form of alternative out-of-court settlements, which is often used by the Indonesian people, is the concept of mediation. One example of its application is in Jarin Village, Pamekasan, which resolves disputes through a negotiation process to obtain a peaceful agreement. The parties to the dispute are assisted by mediators, who are played by the village government and community leaders who are respected by the community. The form of research method used is Empirical. The research data comes from field samples that will be analyzed in a qualitative description. The results of the research are used to determine how effective mediation is in resolving disputes non-litigatively or without legal and/or judicial channels.

Adinda Dwi Mulyani; Sahrul Sodikin; Suheti Suheti; Annisa Putria Rachmawati; April Laksana

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study shows that team collaboration dynamics greatly affect work quality and goal achievement. These dynamics include various elements, including communication, coordination, interdependence, and trust among team members. The methodology of this study aims to provide detailed insights into team collaboration dynamics and work efficiency, with a focus on organizational success in achieving organizational goals. The interpersonal communication patterns of managers that were found and had a significant impact on Caffe Otsukohi team performance were democratic communication patterns and laissez-faire communication patterns. Supporting factors for interpersonal communication between managers and Caffe Otsukohi employees include transformational leadership, a positive work environment, effective communication channels, and shared goals.

Eka Saputra; Fitri Handayani

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper explores the implications of digital surveillance on individual privacy rights, examining the balance between national security and personal freedom. By analyzing laws and regulations on digital monitoring across various countries, the study highlights the challenges and ethical concerns associated with widespread surveillance technologies. The findings emphasize the need for stronger legal frameworks to protect privacy without compromising security.

Javier Ramirez; Rachel Chen; James Wu

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article examines the impact of artificial intelligence (AI) on human rights, focusing on issues such as discrimination, transparency, and accountability. The research analyzes AI applications in areas like law enforcement, employment, and social media, evaluating how AI can both enhance and threaten human rights. The study calls for the development of AI regulations that uphold human rights principles and prevent misuse.

Samuel Teja; Amelia Tuku

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This paper analyzes the legal frameworks governing refugee rights and asylum processes, focusing on the challenges refugees face in seeking protection. By examining case studies from various countries, the research explores issues like legal barriers, discrimination, and access to basic services. The findings highlight the need for stronger international cooperation and legal reforms to ensure the protection of refugees and their human rights.

Aung Naing; Nyein Chan

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This article investigates the complexities of protecting freedom of expression in the digital age, where social media and online platforms play a critical role. The study examines the tension between free speech, misinformation, hate speech, and content moderation policies implemented by governments and tech companies. Findings suggest that a balance must be struck between upholding freedom of expression and preventing harm, calling for a regulatory approach that respects both rights and responsibilities.

Mohammad Ya’isy Ghifari; Oktaviana Purnamasari; Daniel Handoko

Federalisme : Jurnal Kajian Hukum dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In this research, a semiotic analysis of the Apple commercial version of "Privacy on iPhone - Data Auction" is carried out using the Roland Barthes model. Also this research uses descriptive qualitative methods with data collection techniques of interviews and documentation studies. The purpose of this research is to find out the representation of personal data protection in the advertisement by analyzing the meaning of denotation, connotation and myth. The results of the analysis show that this advertisement clearly illustrates the risks that will occur to the personal data of smartphone owners and users if the data can be accessed easily by irresponsible parties. This commercial also proves the truth of the myth widely circulated in society that Apple devices are more secure than other brands. Apple wants to emphasize that they attach great importance to and care about the confidentiality and security of the personal data of Apple users. Therefore, Apple strives to provide security guarantees and personal data protection on its products so that Apple customers feel comfortable and confident that their data is safe.

Tini Melinda Nst; Martin Kustati; Rezki Amelia; Gusmirawati Gusmirawati

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

Assistance with tajweed learning activities aims to improve children's ability to read the Qur'an in Silandit village, especially around the Mardiyah mosque, this tajweed learning assistance activity teaches children to read the Qur'an with tartil using the laws and rules of tajweed science that are good and correct, using the direct practice method can make it easier for children to understand what the teacher means because with this method the teacher can see the extent of children's development in understanding the study of tajweed by directly practicing what the teacher means. This mentoring method is carried out using the Participatory Action Research (PAR) method. The preparations that we prepared in this mentoring included preparing tajweed learning materials, followed by carrying out learning mentoring by adjusting to children's studies and focusing on the study of tajweed, then practicing direct tartil reading according to the rules of tajweed followed by children. The result of this assistance is that the assistance carried out at the Mardiyah Silandit mosque can regenerate children's enthusiasm in studying, repeating and improving the reading of the Qur'an and adding insight so that children are able to read the Qur'an tartil in accordance with the study and rules of tajweed science.

Dewi Rahayu S. Gah; Yossie M.Y. Jacob; Helsina F. Pello

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In the employment agreement held by CV. Citra with the Kupang Regional Health Detachment is a type of private agreement. Thus, as long as the parties carry out a legal act to make a private agreement, the agreement has binding legal force like a law for the parties who make it. CV. Citra and the Kupang Regional Health Detachment have a work cooperation agreement. In the Agreement, CV. Citra has an obligation to fulfill health services at the Kupang Regional Health Detachment in the form of providing pharmacy facilities through a recommendation application for renting State Property (BMN) in the form of land/land to be utilized. This study aims to determine and analyze the strength and legal impacts that occur in the employment agreement between CV Citra and the Kupang Regional Health Detachment. This study is an empirical legal research, where the research is called qualitative research, namely research that produces descriptive-analytical data. The results of the study indicate that the binding power of an underhand agreement between CV. Citra with the Kupang Regional Health Detachment based on the discussion above already has a binding force between the two parties who entered into a cooperation agreement with Number: PKS / 01 / IX / 2008, dated September 11, 2008 which has been registered / Warmeking legalized by Notary Silvester Joseph Mambaifeto, S.H, under Number; 206 / 2018, dated September 11, 2008. The legal impact if one party defaults on an agreement in this case the case between CV. Citra Kartika and the Kupang Regional Health Detachment based on the discussion above after holding various meetings to find a consensus but not finding a consensus, CV. Citra Kartika demands material and immaterial compensation from the Kupang Regional Health Detachment in the amount of Rp. 10,354,700,000,000.

Sutono Sutono; Akmad Kusnan Arif

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

This service is entitled assisting children in the Darussalam orphanage social welfare institution in creating a coffee shop and motorbike washing business in Tegal Mulyorejo Baru Surabaya. The problems that the author raises are: What is the process of implementing child mentoring at the Child Welfare Institution at the Darussalam Orphanage in Mulyosari Baru Surabaya, What are the results of implementing child mentoring at the Darussalam Orphanage Social Welfare Institution in Mulyosari Baru Surabaya, What is the process of mentoring for the creation of a coffee shop and motorbike wash? at the Darussalam orphanage social welfare institution in Mulyorejo Baru Surabaya. The method used is a qualitative method with data collection through observation, interviews and documentation; With this method, the author can provide good mentoring results, including the development of the creativity of Darussalam orphan children in creating coffee shops and motorbike washes, the totality of each child in running a coffee shop and motorbike wash business.

Rani Kasih Setianingsih; Cicilia Dyah S I; Susantiningrum Susantiningrum

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The aims of this research are To find out the leadership style of women in the Surakarta City Health Office,To find out the role of women leaders based on leadership style in public office, To find out the challenges of women leaders in public office. This research uses a qualitative research method with a case study approach. The source of this research is the actions and habits of the Head of the Surakarta City Health Service, which were obtained through observations of the work environment of the Surakarta Health Service, in-depth interviews with various related sources, and documentation from biographies and social media. The validity test used to test the validity of this research uses triangulation of methods and data sources. The results of this research are as follows. First, the Head of the Surakarta Health Service has various elements of leadership style, including feminine, masculine, transformational, and transactional leadership styles. This can be seen from his actions and policies in leading the agency. These results explain that there is no relationship between gender and the choice of leadership style. Second, the Head of the Surakarta Health Service has a big role in motivation and is also a good role model for the agency, so the Surakarta Health Service becomes the best agency in the Surakarta City government. Third, as a woman, the Head of the Surakarta City Health Service does not experience problems or obstacles caused by gender differences. These results show no differences in the challenges faced by men or women.

George R. H. Fanggi Ello; Rudepel Petrus Leo; Heryanto Amalo

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Children are a precious gift from God that is entrusted to parents to be loved and cared for wholeheartedly. A child is someone who is not yet 18 (eighteen) years old, including a child who is still in the womb. Child neglect is the practice of relinquishing responsibility and claims over offspring in an illegal way, this is caused by factors such as economic and social factors, as well as mental illness, among others. A child who is abandoned or abandoned by his parents is called an outcast. Child neglect includes passive torture, which is any state of inadequate attention, whether physical, emotional, or social. The enforcement of criminal sanctions against perpetrators of child neglect must be strictly enforced as in Law Number 35 of 2014 concerning Child Protection. This research is an empirical juridical law research. This study is descriptive and analyzes primary data to determine Law Enforcement against Child Neglect Crimes and Inhibiting Factors in the Kupang City Resort Police. Data collection uses observation, documentation and interview techniques. The results of the study show that (1) Law enforcement against child neglect crimes in the Kupang Kota Resort Police shows a strong commitment to protecting children. However, there are still cases of child neglect due to various factors so that child neglect by parents occurs. (2) Influencing factors include legal and law enforcement factors, economic factors, environmental factors and parental divorce factors that often occur so that cases of child neglect occur.

Felix Yoseph Pulu Pinga; Saryono Yohanes; Rafael Rape Tupen

Parlementer : Jurnal Studi Hukum dan Administrasi Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The function of the sub-district in coordinating community empowerment activities in the sub-district area, the position of the sub-district is explained in article 221 of Law Number 23 of 2014, namely the district/city area forms a sub-district in order to improve the coordination of government administration, public services, and empowerment of the village/sub-district community. This research is a Normative-Empirical Law research, where this research is carried out in Ngada Regency. The data obtained in this study is qualitative data, using the guidelines of the law with interviews and respondents then processed into qualitative descriptive. The results of this study are an illustration that; (1) The West Golewa Sub-district according to the regulation of its function has not been maximized in coordinating community empowerment activities, as explained in article 221 of Law Number 23 of 2014 (2) the inhibiting factor in carrying out the function of regulating the sub-district in coordinating community empowerment activities periodically and optimally, it is necessary to play a role in coaching and supervising the sub-district so that it is more active in carrying it out, the function of the sub-district, so that it plays an active role.

Agus Santoso; Trie Hierdawati; Siswoyo Siswoyo; Ismail Buhari

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

Acts of sexual violence are a complex problem and a real threat, both physical and non-physical, that must be prevented and handled seriously, professionally and responsibly. However, the fact is that cases still continue to occur and the resolution of sexual violence cases has not met expectations. Sexual violence in question is non-physical sexual harassment, physical sexual harassment, forced contraception, forced marriage, sexual torture, sexual exploitation and electronic-based sexual violence.

Alfina Damayanti; Moh. Soleh

Presidensial : Jurnal Hukum, Administrasi Negara, dan Kebijakan Publik 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

UMKM in Jarin Village, Pamekasan Regency face various challenges in developing their businesses. One of the challenges faced is the suboptimal protection and development of their businesses, many of which do not yet have a NIB or even a PIRT. The investigative approach employed is a type of empirical legal inquiry utilizing a field study methodology (Field Research). Data gathering for this investigation involved various techniques such as interviews, observations, and literature reviews. The study's location is situated in Jarin Village, within the Pademawu District of Pamekasan Regency. The data analysis technique applied in this research is descriptive-qualitative. Findings from the study during the MBKM KKNT indicated that the UMKM present in Jarin Village, Pademawu District, Pamekasan Regency are limited in number, only a handful. Among these is an UMKM focused on the Krupuk Opak and Jagung Goreng venture, which maintains a marketing scope that remains at the regional tier. Furthermore, business operators have yet to secure a PIRT certificate, despite the fact that legally, those in the food or snack industry are mandated to acquire PIRT in accordance with the Food and Drug Supervisory Agency Regulation Number 4 of 2024 related to Guidelines for Issuing Certificates of Commitment Fulfillment for Home-Processed Food Production, therefore KKNT participants provide assistance to the Pamekasan Regency Health Office for the issuance of PIRT. It is proven that after obtaining a P-IRT permit, the product marketing network has increased and sales have increased and the legality of the business is strong.  

Tiana Afiani

Referendum : Jurnal Hukum Perdata dan Pidana 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Land acquisition for public interest often gives rise to various legal issues, including disputes between the government, landowners, and other interested parties. These disputes typically revolve around compensation, the acquisition process, and legal certainty. This article aims to analyze the examination mechanism for specific disputes arising from land acquisition for public purposes, by reviewing relevant laws and regulations. The research employs a normative juridical approach to examine statutes, regulations, and court decisions related to land dispute resolution. The findings indicate that although regulations governing dispute resolution mechanisms exist, their implementation often faces challenges, such as unclear compensation values and lack of transparency in the land acquisition process. Therefore, regulatory reforms and increased oversight are necessary to ensure justice and legal certainty for all involved parties.