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Nurul Fitriani; Adi Sulistiyono

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

The knowledge of medicine and treatment, also known as Jamu, is one of the most important areas of Traditional Knowledge. It is widespread among indigenous peoples and local communities, and is an integral part of the communal rights held by indigenous peoples. Almost all indigenous peoples have developed knowledge about plants for various purposes, especially for medicine. The use of biodiversity as an ingredient in medicinal herbs has been a common practice in Indonesia for centuries. The question that arises is whether the knowledge of Jamu has received adequate protection from the government againts the rights of indigenous peoples related to Traditional Knowledge. This is the focus of the author attention in this discussion. This research discusses the regulation of communal intellectual property in the legal framework used to protect the knowledge of traditional herbal medicine, and how the effectiveness of legal protection of communal intellectual property on traditional herbal medicine knowledge. The purposes of this study is to determine the legal protection of traditional knowledge and analyze the positive legal regulations. This research method used by researchers is the normative juridical approach method. The results of the research conducted by the author in this thesis can be concluded that Traditional Protection on Jamu needs to be protected in accordance with the concept of protection of Philipus M. Hadjon, namely by means of preventive protection and repressive protection.

Muhammad Jamaludin; Hafid Gunawan; Indra Ezha Nor Rizhal; Surya Sukti

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

Changing religions in Arabic is called Riddah. Meanwhile, apostate refers to the perpetrator, namely the person who is an apostate. Riddah linguistically means Ar-rujū'u 'ani al sya'i ilā ghairihi (turning from one thing to another). According to the term, it means leaving Islam to disbelief, either through actions, words, i'tiqad or doubt. Such as believing that Allah SWT, the Creator of Nature, does not exist, Muhammad SAW's apostolate is not true, it justifies actions that are haram, such as adultery, drinking alcohol and wrongdoing, or forbids things that are halal, such as buying and selling, marriage, or denying obligations that agreed upon by the entire Muslim community, such as denying the five daily prayers, or showing behavior that shows that the person concerned has left the Islamic religion, such as throwing the Koran into a landfill, worshiping idols and worshiping the sun.

Drajat Satrio Husodo; Noor Saptanti

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

The provision of credit facilities in its development will always require collateral. This is due to the necessity of the Law, as well as for the security of the granting of credit, in the sense that the receivables from the bank will be guaranteed by the existence of collateral. Credit more often accepts collateral objects in the form of immovable objects, one of which is land rights because it is easy and certain in its execution. The purpose of this study was to determine the procedure for realizing credit with land collateral at BRI Karanganyar Branch Office, BRI Karanganyar Branch Office's actions against loans that fall into the doubtful category, and how to resolve if the credit in the doubtful category decreases in quality to the bad credit category. The results of this study are the procedure for realizing credit with land collateral at BRI Karanganyar Branch Office.

Vichi Novalia; Laudza Hulwatun Azizah; Novinda Al-Islami; Surya Sukti

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

This article examines the issue of jarīmah ta'zīr as one of the dimensions of Islamic criminal law which has flexibility in its application. In contrast to ḥudūd and qisāṣ whose rules are very clear and detailed in the Qur'an, ta'zīr is not set clearly in the Qur'an. Therefore, the ijtihad of a ruler or judge to determine the type of crime and jarimah that can be punished (ta'zīr) and the type and form of punishment is really important. The flexibility of ta'zīr allows to accommodate the complex form of crime such as gratification, corruption, sexual harassment, drugs, and pornography. But ta'zīr also opens the opportunity for the tyranny of the government in punishing a person. This article offers the need for ta'zīr by making qanun like in Aceh.

Muhammad Yusuf; Alpi Sahrin; Hudi Yusuf

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

Handling rape cases requires effective forensic evidence collection to ensure justice for victims and truth disclosure in court. This study aims to evaluate protocols for collecting forensic evidence in rape cases, focusing on enhancing evidence quality and perpetrator identification accuracy. The evaluation method involves analyzing the implementation of existing protocols, including procedures for collecting and analyzing relevant physical, biological, and digital evidence in the context of sexual crimes. The study's findings indicate that increasing training and awareness of updated protocols can significantly improve the quality of collected evidence and the accuracy of perpetrator identification. These findings highlight the importance of collaboration among investigators, forensic experts, and other authorities in improving and implementing effective protocols for handling rape cases. This research provides a foundation for ongoing improvements in forensic procedures to enhance justice for victims of sexual crimes and overall community safety.

Fauzia Latief; Mutia CH. Thalib; Suwitno Yutye Imran

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

This research aims to determine and analyze empirical juridical analysis of divorce due to domestic violence in the Gorontalo Religious Court and the factors causing divorce due to domestic violence in the Gorontalo Religious Court. This research discusses problems regarding divorce due to domestic violence in the Gorontalo Religious Court. This type of research is empirical juridical research or what is called field research. The results of this research explain that the empirical juridical analysis of divorce in the Gorontalo Religious Courts is caused by domestic violence, especially violence against wives, caused by various problems that are interrelated and influence each other, causing continuous disputes and quarrels. These problems include: economic conditions, lack of understanding of religion, infidelity, jealousy, drunkenness and gambling, husbands are easily emotional and are caused by the presence of one of the parents on both sides taking part in the household which can lead to a household crisis. In this case, the wife becomes vulnerable to violence because of her unequal position in society and the institution of marriage, both emotionally, socially and emotionally. This research shows that domestic violence is a significant factor in triggering divorce cases filed in the Religious Courts. And the factors that cause divorce due to domestic violence in the Gorontalo Religious Court are the dominant factors that cause divorce due to domestic violence, namely: that there is a lack of religious understanding, behavioral factors, social factors, drunkards and gamblers, disputes or quarrels and other factors. domestic violence.

Aslihatin Zuliana; Irwan Triadi

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

The development of Solar Photovoltaic Power Plants (SPPVs) as Renewable Energy in Indonesia is increasingly growing. However, SPPVs have a relatively short lifespan, necessitating the proper management of their waste, particularly solar panels. This research aims are, firstly, to analyse the regulations governing the parties responsible for managing waste from SPPVs that have reached the end of their lifespan. And, secondly, to compare waste management regulations for solar panels implemented in Europe and America as best practices for handling end-of-life SPPV waste. This research employs a normative juridical and comparative-descriptive research method, comparing regulations and implementation of SPPV waste management in Indonesia and other countries. The Finding of this research are in line with Law No. 32 of 2009 on Environmental Protection and Management and Government Regulation No. 22 of 2021, which states that any person or business entity generating waste is obligated to handle and restore it, in practice, the Power Purchase Agreement stipulates that waste management of SPPVs is the responsibility of the winning Project Company (in this case, the Consortium). And, in Europe and several US states have issued regulations for managing waste from end-of-life SPPVs. These regulations require solar panel manufacturers to have a recycling program for their own products after their end-of-life. However, managing end-of-life solar panel waste is a complex issue that requires cooperation from various stakeholders, including the government, project companies, and solar panel manufacturers. Adopting waste management policies from Europe and America is recommended to ensure that SPPV waste management is conducted responsibly and environmentally friendly.    

Ghina Aulia Rizky; Mita Mita; Radiatul Hafifah; Surya Sukti

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

Khamar is a drink that has the potential to be intoxicating if consumed at normal levels by a normal person, it is unlawful to drink it. Consuming wine contains a major sin, although there are benefits in human life, but the harm is greater than the benefits. Khamar is regulated in Islamic criminal law because consuming it is an offence. The aim of this research is to analyze the punishment for perpetrators of the crime of khamar in Islamic criminal law. Jarimah drinking alcoholic beverages (khamr) is a case of jarimah hudud, and is threatened with a had punishment, namely the punishment of not less than 40 lashes and may be more. According to the agreement of the ulama, the punishment for those who drink khamr was initially 40 (forty) lashes. Meanwhile, the friends agreed to stipulate 80 (eighty) lashes for reasons of benefit. With the existence of the law of law, more and more people will experience the deterrent effect of drinking alcohol.

Nency Ayu Lianawati

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

Technological advances in all fields always have an impact on society in a nation. Likewise for the Indonesian people. One of the population problems facing the Indonesian nation today is the social behavior of the younger generation, which today is very free. In fact, they will be the next generation of the nation's ideals. This research method was carried out using a statute approach and a conceptual approach containing descriptions of theories, findings and other research materials obtained from reference materials to serve as a basis for research activities. This approach is also known as the literature approach, the judge's consideration in imposing a crime on abortion committed by the defendant is based on the legal basis used by the judge, namely Article 77 A of the Republic of Indonesia Law No. 35 of 2014 concerning the stipulation of government regulations in lieu of Law No. 1 of 2016 concerning the second amendment to Republic of Indonesia Law no. 23 of 2002 concerning child protection became law in conjunction with Article 55 Paragraph 1 to 1 of the Criminal Code. The Panel of Judges in deciding this case looked at the facts at trial and declared the Defendant legally and convincingly guilty of committing a criminal act "participating in committing an act with intentionally carrying out an abortion on a child who is still in the womb for reasons and procedures that are not justified by the provisions of the laws and regulations, based on the judge's considerations, namely the public prosecutor's indictment, witness statements, defendant's statements, evidence, and articles in criminal law regulations. , as well as positive legal considerations, namely the reasons why the defendant committed the act and the consequences of the defendant's actions.

Rhena Lastia Putri

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

Humans have a basic desire to be accepted, appreciated and wanted by others, in short humans wants to love and be loved by the others. The desire to have intimacy is considered as the basic human desire and can explain the behavior of individuals in relationship (Baumeister & Leary, 1995). Intimacy sometimes influenced by emotional and sexual relationship conditioned by one or both parties. One of the variation and the dynamic of sex that became popular was BDSM. BDSM is an acronym of B which means Bondage, D which means Discipline and also Domination, S which means Submission and also Sadism, and M which means Masochism. BDSM is a sexual practice that has the character of: power exchange where there are inequalities in degree of relationship, suppression, physical restraint and exploration around the pain. The aim of this study was to find the intimacy of the BDSM perpetrators in the IBS community and to see if intimacy in relationships can arise in couples who practice BDSM in their relationships. This study uses descriptive study, and the sample in this study using snowball sampling technique. It is known that there is a picture of intimacy of relationship owned by BDSM partner and partner in IBS community that is high of Knowledge, high of Caring, High of Interdependence, High Mutualitu, High of Trust and High of Commitmen`

Gema Permana Rahman; Muhamad Afifullah; Eriz Syawaldi; Irwan Triadi

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

Used goods are often considered garbage, but waste management is a serious problem in Indonesia, especially with increasing waste consumption and high poverty rates. Bank Sampah is emerging as a solution by managing used goods that have economic value, governed by environmental regulations. Although Bank Sampah is growing, there is no clear regulation on the legal entity used, especially in cooperation with third parties. Waste Bank with a sharia financial system has also emerged, but it is not yet clear in accordance with the applicable sharia banking regulations. The approach method used is normative juridical, analysing laws and regulations through literature study with the main study material in the form of regulations and secondary and tertiary materials. The results showed that the Waste Bank is a government solution with the 3R principle, involving the participation of the community, business entities, and local governments. Islamic Waste Banks such as iqtishadia in Pasong Village, Sumenep, are not only a place for collecting waste, but also conduct community assistance programmes. The Waste Bank helps alleviate poverty and the environmental law approach is key in achieving effective structuring and improving the environment.

Priskila Ch.N Watania

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

This study aims to determine the form of protection of Law Number 4 of 2023 concerning Development and Strengthening of the Financial Sector (P2SK) against employees at PT Pegadaian as gold appraisers who accept and assess gold collateral submitted by customers as debtors in the pawn credit process but it turns out that the collateral is the result of criminal acts that harm other parties so that the employee is considered a collector, as well as legal efforts that can be made by in terms of returning the collateral if it is decided by the Court to be returned to the victim who is considered the owner of the goods while the status of the collateral is a receivable that is still in process. In conducting research, the author uses data collection techniques and Court decisions, the results of this study state that employees who serve as gold appraisers cannot be drawn as a collector based on the provisions of Article 120 paragraphs 1, 2 and 3 of the P2SK Law. PT Pegadaian in returning losses resulting from court decisions in terms of returning the collateral to the victim, can take legal remedies through civil channels, but in practice sometimes it is not in accordance with what is regulated in the law.      

Sukmarani, Dhuta; Deviana Kusma Putri; Fahri Syaiful Anam; Muhammad Bintang Pradana; Ajie Sahara Putra +1 more

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

Clebung Bawah Hamlet is one of the developing areas, there are community organizations such as PKK RT, women's farmer group (KWT), posyandu cadres, youth organization (Karang Taruna), and TPQ children's association. However, there is one educational activity that has not been held in this hamlet, namely outreach about the dangers of drugs, and juvenile delinquency. Apart from that, it is also necessary to reactivate positive community activities, such as village cleaning. To overcome this problem, the methods used through PPMT activities are education through outreach about the dangers of drugs and juvenile delinquency, revitalization of the village cleaning, and greening. The result of PPMT activities is that before the activity, PPMT implementers approach residents by participating in routine community activities such as community service and reciting the Koran. The next activity is to conduct outreach with anti-drug and juvenile delinquency material from a health and legal perspective. The implementation of socialization went smoothly and well. The youth receive material from “Program Pengabdian Masyarakat Terpadu (PPMT)” implementers well. Socialization is one form of activity that can be carried out to educate residents about the dangers of drugs and juvenile delinquency. The next activity is the revitalization of village cleaning activities, which are carried out alongside reforestation and the provision of rubbish bins. Village cleaning and greening activities are positive activities that can be used as alternative activities for teenagers while preserving noble culture and protecting the environment.

Wiyard Yusuf Permana Agung; Noor Saptanti

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

The function of a banking institution is to provide credit services for the economic continuity of society. Loans given to debtors must be accompanied by collateral. One form of collateral is generally a certificate of land rights and one example is Building Use Rights (HGB). With this, there are many problems between debtors and creditors in handling collateral with the object of building use rights. Therefore, this legal research will discuss what problems arise when debtors provide building use rights guarantees to creditors (banks). This research uses a prescriptive normative research method with a statutory approach, a conceptual approach and a case approach based on the problems that occur. Based on this legal research, the author concludes that when the debtor guarantees the Building Use Rights, problems will arise for the debtor, namely the term of the HGB cannot be extended and the Building Use Rights can not be upgraded to Ownership Rights if the HGB is still encumbered with Mortgage Rights.    

Aldy Valentino; M Arief Amrullah; Ermanto Fahamsyah

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

Financial transactions cause the emergence of legal relationships between two or more parties. In order to expedite the flow of financial transactions, it is required to produce evidence in the civil sector, therefore the participation of Notaries is required as a public official who has the task of making authentic deeds. The deed in question is an authentic deed made by or before a notary according to the form and procedures stipulated in the Law. In making authentic deeds, it is not uncommon for Notaries to meet with parties who are perpetrators of money laundering crimes with the aim of obtaining protection under the confidentiality provisions of the Notary profession. Isn't the Notary only responsible and authorized to make authentic deeds and other powers, all related to documents, then where are the suspicious transactions carried out by his clients? This problem must be studied in more depth to see how the Notary applies the principle of prudence in getting to know the presenters and the legal consequences of authentic deeds that do not apply the principle of prudence in getting to know the presenters.

Alif Rizqi Ramadhan; Albertus Sentot Sudarwanto

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

The advancement of technology has brought significant changes in the banking sector, posing new challenges related to the protection of customers' personal data. Data breaches can harm customers and undermine public trust in financial institutions. To address disputes related to data breaches, the Financial Services Sector Alternative Dispute Resolution Institution (LAPS SJK) becomes a relevant choice. This study uses a normative legal approach to analyze the legal framework and dispute resolution procedures applied by LAPS SJK. The results show that LAPS SJK prioritizes the principles of accessibility, independence, fairness, efficiency, and effectiveness in dispute resolution. The methods of dispute resolution offered include mediation, arbitration, and binding opinions. Through LAPS SJK, customers can obtain fair, fast, and affordable dispute resolution without having to go through conventional judicial processes. Therefore, LAPS SJK plays a crucial role in protecting customers' rights and maintaining public trust in the banking sector.    

Nopal Gustin; M.Leri Laspigo; Paten Nuri; Rian Setiawan; M.Iqbal Anugrah

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

Pancasila is the ideology of the Indonesian nation whose values can be a reference for the development of the nation's character to face the development of society 5.0 era. This study aims to measure the readiness of the younger generation in facing technological developments in the era of industrial revolution 5.0 and how the influence of Pancasila in the life of the nation. This study uses a mixed method, in addition to using a conceptual approach, it also uses a survey method by distributing questionnaires to obtain strong data. Conceptually, this research looks at and explores reference sources from books and journals that contain substance about character building based on Pancasila. Meanwhile, quantitative data were obtained from a survey conducted on a number of respondents who were students considered to have a high level of idealism. The problem studied in this study is the values contained in Pancasila to built a society character to face the era of society 5.0. The results show that Pancasila education plays a very important role in character building in this country, but political life has not supported the creation of the Pancasilaist character of the Society.

Ririn Uke Saraswati; Sri Winda Hardiyanti Damanik; Soedjatmoko Soedjatmoko; Arrofie Darmawan; Sony Sonjaya +4 more

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

Financial management is a field of management related to planning, examining, controlling, managing and storing activities carried out by individuals, organizations or companies. The importance of understanding financial management strategies well is not only for workers who already have income, but also for students who will one day enter the workforce and will have their own income. Community service activities with the theme "Financial Management Strategies for Students" carried out at SMK Bina Patriot located in Bekasi were carried out through a seminar method by presenting speakers from lecturers and students. This activity was attended by class XII participants as many as 45 participants. With this seminar, it is hoped that students can understand the importance of planning, managing, and investing their money wisely so as to avoid financial problems in the future. Based on the results of a survey conducted as feedback on this activity, it can be seen that 64.3% of participants stated that this seminar was very useful

Mohamad Rifky Rachmadillah; Oktaviana Purnamasari

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

Mills is a sports brand that also offers a wide range of products with the lastest quality and technology, whict naturally piques the interest of the public in Mills and generates purchasing intent among consumers towards Mills’ products. The purpose of this research is to determine the extent of the influence of Mills’ Instagram content on purchase intent. The theories utilized in this study include Hermawan’s 2012 marketing communication theory, as well as Kotler & Keller’s Attention, Interest, and Desire theory on the Purchase Intent variable. Miles’2014 theory is applied to the Instagram Content variable, encompassing profile name, comments or feedback, and captions or descriptions. This researh adopts a quantitative approach through a survey method conducted on 85 respondents who follow @millssportid on instagram, selected using simple random sampling technique. The results of this study indicate a high influence of 73,9% of Mills’ instagram content on purchase intent, with the remaining 26,1% influenced by unexamined variables in this research.

Nur Najwa; Nabila Anggraini; Herlina Herlina; Surya Sukti

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

. Robbery (hirâbah) in Islamic criminal law (fikih jinayah) is defined as the act of taking someone else's property forcibly and openly on a public road by using violence or the threat of violence. Hirâbah is classified as jarîmah hudud because the type and punishment are strictly determined by shara'. Proof of jarîmah hirâbah in Islamic criminal law is based on the perpetrator's confession (iqrâr), testimony (shahâdah), and strong clues/indications (qarînah) that lead to the occurrence of the jarîmah. Legal sanctions for the perpetrators of hirâbah have been stipulated in the Quran surah Al-Maidah verse 33, which consists of the death penalty, crucifixion, cross-cutting of hands and feet, and exile / imprisonment.