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Pandito Malim Hasayangan Tanjung; Zalzabila Agnia Husna

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

In the rapidly evolving digital age, video content has become one of the dominant and popular forms of communication. However, with the ease of access and dissemination of content, the risk of originality rights infringement has become increasingly high for content creators. This research aims to analyze the preventive measures that content creators can take when their originality rights are violated in video content. The research method involves analyzing the policies and features of major platforms such as YouTube and TikTok, as well as a review of the concept of copyright in applicable laws. The analysis shows that content creators can take effective preventive measures, including copyright registration, the addition of clear watermarks, active monitoring of content usage, and cooperation with platforms. While challenges remain, consistent preventive efforts and copyright awareness can help content creators protect their original works in the dynamic digital realm. This research provides practical guidance for content creators to maintain the integrity of their creativity and encourage a culture that respects originality rights in the digital environment.

Fadel Afandi; Mutia CH. Thalib; Mohamad Rivaldy Moha

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

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

Muhammadong Muhammadong

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

The purpose of this research is to find out a review of the compilation of Islamic law regarding interfaith marriages from a sharia perspective. The method used in this research is qualitative, with a comparative approach by conducting literature studies related to studies of theories relevant to the problem of interfaith marriages. In the view of Islamic law, marriage between different religions is strictly prohibited because it is contrary to the rules of Islamic law in maintaining the existence of religion. The goal of marriage is to create a sakinanh, mawaddah wa Rahmah household, but this goal is very difficult to realize if the marriage is built on the basis of different religions. Based on Marriage Law Number 1 of 1974 which is implemented in the compilation of Islamic law, it states that it does not accommodate interfaith marriages to strengthen the arguments put forward in the Koran.

Amalia Kemala Dewi; Subekti Subekti; Riska Andi Fitriono

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

The writing of this article aims to analyze postpartum mental health disorders can be categorized as psychiatric disorders for reasons of criminal expungement and analyze the imposition of criminal sanctions in the criminal act of child abuse by mothers who suffer from baby blues syndrome in the Karawang District Court Decision Number 296/Pid.B/2018/PN.Kwg. The type of research used is normative with a statutory approach and a case approach. Based on the results of research conducted by the author, it is obtained that postpartum mental health disorders can basically be used as an excuse for criminal erasure in accordance with the severity experienced. The imposition of imprisonment by the judge in the case of child abuse by a mother with mental health disorder in the verdict was not appropriate because the judge did not pay attention and consider the condition of the perpetrator of the crime who suffered from mental health disorders of a fairly severe type and level.

Reza Ilham Maulana; Sapto Hermawan; Asianto Nugroho

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

Democracy has faced various challenges over thousands of years, particularly concerning transitions that depend on social and political factors. The role of intelligence in democratic transitions is crucial but can be used to maintain power undemocratically. In Indonesia, post-reform, democracy has not been fully consolidated. The repressiveness of law enforcement and legal bias towards political elites are major factors in the decline of democracy. This research employs a normative legal research method with a prescriptive nature, aiming to analyze the intelligence's involvement in the democratic transition process in Indonesia. The research approach encompasses analytical, historical, comparative, and philosophical dimensions. Primary legal materials such as legislation regulations are utilized as data sources, alongside secondary legal materials like books and journals. Data collection techniques utilize the PRISMA method, and data analysis is conducted deductively using the same method. The findings of this research indicate that the cycle of democratic transition influences both the democratic system and intelligence activities. Subsequently, a case study in Indonesia examines complex intelligence issues, attributable to regime changes and inconsistent political policies. Hence, a comparative study with Brazil, which is institutionally more complex and structured, is deemed necessary.

Alwandani Alwandani; Yasmirah Mandasari Saragih; Rahul Ardian Fikri

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

Corruption is a problem that needs to be taken seriously and is a legal issue in every country in the world, including Indonesia. The disease of corruption is increasingly rampant. The seriousness of the government in overcoming criminal acts of corruption is the establishment of Law Number 31 of 1999 as amended by Law Number 20 of 2001 concerning Eradication of Corruption Crimes. The formulation of the problem discussed in writing this thesis is Regarding the Application of the Criminal Act of Assistance in corruption. The research method used in writing this thesis is a research method carried out with a Normative Juridical Approach, namely Legal Principles and referring to Legal Norms contained in the library research method (library research), namely conducting research using data from various reading sources such as Laws - Invitations, books, magazines and the internet which are considered relevant to the problems that the author will discuss in this thesis. The assistance of corruption crimes committed by Widjokongko Puspoyo who helped Widjanarko Puspoyo receive gifts from Bulog partners caused Widjokongko Puspoyo to be punished for violating Article 11 Law No. 20 of 2001 concerning changes to Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 15 of Law no. 31 of 1999 concerning the Eradication of Corruption in conjunction with Article 56 1 of the Criminal Code. Assistance in Corruption Crimes is regulated in Article 15 of Law No. 31 of 1999, in this article it states that the act of assisting corruption will be punished the same as the perpetrators of corruption in accordance with the provisions in Law No. 31 of 1999 as has been amended by Law No. 20 of 2001 concerning the Eradication of Corruption Crimes. In Article 15 Criminal Responsibility for Assistance Crimes in corruption cases is seen from the extent to which the act of assisting the Corruption Crime was carried out. In determining the amount of punishment for the assistant to the criminal act of corruption, it can be seen from the articles violated by the assistant to the criminal act of corruption.

Nuri Hidayati; Widi Harsono

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

Joint assets are property acquired by a married couple, husband and wife can act on their joint assets with the consent of both parties. Marital Property Law has an important position in family life even when the marriage is still ongoing. In an activity regarding money loans at a bank, there is usually a handover of debt guarantees provided by the debtor to the creditor. In this case the debtors use joint assets as collateral for their credit agreement. The purpose of writing this thesis is to determine the legitimacy of using joint assets as collateral and the status of these joint assets by analyzing various sources of applicable law in Indonesia. In this analysis, it was found that joint assets used as collateral for credit cannot be processed in terms of assets back and forth until the obligation debt of debtors is completed.

Shyandra Putri Buhang; Fence M Wantu; Nuvazria Achir

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

the study aims to analyze the imposition of a criminal verdict in the case of murder that occurred in case No. 117/PID.B / 2022 / PN GTO at the Gorontalo City District Court, as well as factors that influence the judge in deciding the murder case. The research method used is normative legal research with the approach of legislation and the approach of existing cases, which are then analyzed in a descriptive qualitative. The results showed that the analysis of the verdict on the murder case No. 117/Pid.B / 2022 / PN GTO at the Gorontalo City District Court, it can be concluded that the decision is the result of a criminal justice process based on the results of the examination and the facts of the trial as well as the cooperative attitude of the perpetrator. The factors that influence the decision, among others, are the evidence presented in the trial, witness testimony, Judge's consideration, and applicable legal provisions. The judge in his decision did not consider the elements of the indictment charged by the public prosecutor, namely Article 340 of the criminal code, but instead decided the case using Article 338 of the Criminal Code which, according to researchers, does not reflect the principle of legal certainty and Justice.

Arief Fahmi Lubis

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Examined through the prism of national security, the imperative emerges for the Indonesian National Armed Forces (TNI) to play a central role in addressing conflicts in Papua, harmonizing effectively with their fundamental mission of promoting the well-being of the local populace. This study aims to establish that achieving resolution in Papua necessitates the implementation of two parallel approaches. In this study, the researcher employs a qualitative method with a descriptive approach. The data is systematically, factually, and expeditiously collected following the contextual conditions prevalent during the research period. The findings underscore the viability of conflict resolution in Papua through the dual avenues of military operations for war and military operations other than war, both executed by the TNI soldiers.

Evi Dwi Hastri; Imam Hidayat; Imam Rofiqi

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Countries in the Indo-Pacific region are increasingly actively using digital diplomacy to build relationships Countries use digital diplomacy by referring to foreign regulations and policies used for countries in conducting multilateral diplomacy, namely the 1964 Vienna Convention on Diplomatic Relations. Apart from the main guidelines that have arisen, the main problem arises, namely in the practice of international relations, is the lack of regulations and arrangements for digital diplomacy practices for middle power countries such as Indonesia who want to strengthen their role in supporting their country's defense and security. By using the type of normative legal research and the analysis approach, this study produces findings that the need for regulations and arrangements for digital diplomacy that can support Indonesia's role in strengthening the country's defense and security

Naomi Sinclair; Jamar White

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This article explores the challenges of developing effective cybercrime legislation in the era of rapid digital transformation. By analyzing current laws across various jurisdictions, the study identifies gaps in legal frameworks that cybercriminals exploit, such as issues related to jurisdiction, anonymity, and cross-border crime. Findings indicate that, while several nations have made strides in strengthening cybercrime laws, a cohesive international approach and consistent policy updates are essential to keep pace with the evolving nature of cyber threats. The paper advocates for enhanced international collaboration, cross-border enforcement mechanisms, and adaptable legal frameworks that can respond to future digital transformations.

Apriliyani Nur Khasanah; Setya Pramono

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

This study aims to determine the partial and simultaneous effects of motivation, discipline and facilities on the job performance of UPTDPagerbarang Clinic employees. This research is included in quantitative research using a sample of 87 UPTD Pagerbarang Oinic employees with saturated sampling technique. The data was processed with the SPSS 26.00 application using the multiple regression method. The results of data processing from this study show the results where the three independent variables have a significant  effect on improving employee performance. The results of hypothesis testing show that motivation, discipline, and work facilities have a very significant effect on employee performance. The results of the F test show that simultaneously has a significant influence on employee performance.

Diaz Riady Bukoting; Dian Ekawaty Ismail; Avelia Rahmah Y Mantali

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

This study aims to find out about the position of children who are victims of sexual abuse in view of Victimology. The method used in this study is empirical with qualitative descriptive data analysis that describes and outlines the data and facts of the field. The results of this study show that child abuse is one of the most destructive forms of crime, and often has a long-term impact on victims of abuse. Victimology, in its view as the study of victims of crime, plays an important role in understanding the impact of child abuse, as well as in designing effective treatment and protection approaches.. The protection of children is very important because its violation is a violation of human rights. It can be seen that the position of children towards victims of abuse in the view of victimology provides a better view of victims of crime as a result of human actions that cause mental, physical and social suffering.

Yusuf Apriyanto Bantu; Erman I Rahim; Abdul Hamid Tome

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

This article conducts a normative analysis of the Constitutional Court's Decision No. 85/PUU-XX/2022 concerning the establishment of a special electoral court within the framework of legal sovereignty theory. The objective is to scrutinize the decision's compatibility with the principles of legal sovereignty, emphasizing the universal application of law. The normative method is employed, focusing on legal documents, statutes, and constitutional provisions. The study reveals that the decision's implications raise concerns regarding the universal enforcement of law in addressing complex electoral disputes. The absence of a special electoral court challenges the effective resolution of election-related issues. This analysis contributes to the ongoing discourse on the role of legal sovereignty in shaping the electoral dispute resolution system

Yulia Ibrahim; Nur M Kasim; Suwitno Y Imran

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

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

Desya Natalia P. Wulungo; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson

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

The aim of this research is to discuss defaults in rental agreements for flats for low-income communities in the city of Gorontalo in light of law number 20 of 2011 concerning flats. By reviewing the issues regarding the form of implementation of the rental agreement and the legal consequences of non-performance in the agreement, this research can benefit from this. The method used in this research is an empirical legal research method. The results of this research suggest that it is necessary to provide legal education to flat tenants by implementing the contents of the rental agreement as well as the responsibility of the government as the manager of the flat, then carrying out good coordination between the relevant and authorized parties in resolving a case/case.

Rahmawati Putri Musa; Fence M. Wantu; Mohamad Taufiq Zulfikar Sarson

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

This research explain how to implement civil cases settlement before and after the implementation from of E-Court system in electronic and conventional court. on this case it explains that civil cases settlement in a modern manner is described according to Supreme Court Regulation Number 7 of 2022 while conventionally described according to HIR / RBG. Before the advent of  system E-Court, the testing method was conducted conventionally. The optimization of these two forms of civil case settlement is then examined according to Law Number 48 of 2009 concerning Judicial Power where the judiciary is administered out with the principles of simple, fast and low cost. This research is a normative legal research with Statute Approach and Conceptual Approach methods. The research concluded: first, the existence of court dualism is still needed for justice seekers who still need conventional lawyers. Second. The implementation of Civil Case Settlement with the presence of E-Court as an effort to realize the principles of simple, fast and low cost in reality has not been optimal, however, E-Court has not fully resolved the cases received by the Supreme Court and the lower courts. That is, most cases are still conducted conventionally.

Setyowati, Endang; Ana Kadarningsih

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research was motivated by several cases resulting from the actions of naughty debtors which caused significant losses for Indonesia. There is a legal vacuum in Law Number 10 of 1998 concerning Banking, making it difficult for law enforcers to determine criminal acts committed by naughty debtors. The problem formulation taken is how banking law in Indonesia is in the perspective of legal objective theory, and what is the juridical review of bad debtors in the banking law. This research uses a normative legal research approach with a theory and legal principles approach. Several things need to be reviewed due to the impact caused by Law Number 10 of 1998 concerning Banking, namely that there is an article that can only ensnare bank employees if there is some form of criminal liability. Apart from that, there is no clause that regulates criminal sanctions for bank employees who collude with debtors. Bank Indonesia can impose administrative sanctions, but this authority is not regulated expressly and unequivocally in the Banking Law. So that Bank Indonesia has the potential to abuse its authority in determining actions.    

Arief Fahmi Lubis

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

The execution of the rehabilitation of military prisoners is carried out through a communicative and accommodating approach, involving direct interaction between officers and military prisoners via counseling or interviews. This aims to listen, accept, discover, regulate emotions, strengthen spirituality, and resolve personal and official issues while fostering dedication, sincerity, responsibility, and loyalty within the Indonesian National Armed Forces environment. The objective of this study is to demonstrate the existing challenges in implementing military prisoner development that need to be addressed and overcome. In this study, the author applied qualitative research employing a descriptive approach to systematically, factually, and promptly gather data in line with the research’s context. The findings of this study demonstrated that the success of rehabilitating military prisoners in military correctional institutions is not solely within the responsibility of the Center for Military Correctional Institutions and the Military Correctional Institution itself. It is also affected by external factors, including the attention and moral support offered by the unit commander from the origin place of the military prisoners. This influence aims to facilitate military prisoners’ transformation into soldiers embodying Sapta Marga values, ensuring their readiness for forthcoming unit responsibilities.

Layla Abbas; Rami Mansour

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

This article investigates the impact of social media on judicial processes, focusing on how public opinion influences legal accountability. Through case studies and analyses of high-profile cases, the research examines the power dynamics between public opinion and legal frameworks, including the risks and benefits of digital activism. Findings suggest that while social media can support transparency and public engagement, it may also lead to biased perceptions that challenge judicial impartiality. The study highlights the need for a balanced approach to harness the benefits of social media in fostering accountability without compromising the integrity of the judicial process.