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Korintus Wilson Horas Hutapea; Adi Sulistiyono

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

This article aims to find out the validity of the Civil Code smart contact.  It is hoped that the results of this research can be used by parties, especially people who have started carrying out transaction and contract activities using blockchain technology in the form of smart contracts.  This research method uses normative law, the use of legal materials includes primary and secondary legal materials, through data collection techniques in the form of literature studies.  A conceptual approach and a statutory approach were used in this research.  The data analysis technique used is a deductive data analysis technique using the syllogism method.  The validity of an agreement is assessed based on an understanding of article 1313 and the main elements of the validity of an agreement based on article 1320 along with the principle of freedom of contract in article 1338 of the Civil Code.  It is necessary to understand that smart contracts are required to fulfill the terms of the agreement in their implementation

Aristo Lanang Langgeng Asmoro; Lego Karjoko; Sapto Hermawan

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

The regulation of the pesantren education system provides a legal guarantee for the continuity of pesantren education in Indonesia. The regulation is expected to be an instrument in realizing superior human beings. Research on the regulatory function of pesantren aims to find out more about the regulation of pesantren. The regulation is dissected to find how the pesantren regulation regulates the entire education system that takes place in the pesantren and then looks for the relationship between the correct regulation and the realization of superior human beings. Using a juridical-normative research approach, this research tries to comprehensively analyze Law No. 18/2019 on Pesantren. Law No. 18/2019 on Pesantren has regulated in detail how pesantren are organized. Equipped with the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 30 of 2020 concerning the Establishment and Implementation of Islamic Boarding Schools and the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 31 of 2020 concerning Islamic Boarding School Education, the series of arrangements then work in harmony to oversee the running of Islamic boarding schools which then produce generations of superior humans.      

Farahavisa Rifastya Mahfud; Subekti Subekti; Riska Andi Fitriono

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

Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.

Ishakimuda Lawrensius Basaro; Adi Sulistiyono

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

This article aims to find out the validity of a mystery box sale and purchase agreement from the perspective of article 1320 of the Civil Code.  It is hoped that the results of this research can be used by parties, especially potential online loan recipients, in making an online loan agreement using a standard agreement system.  The research methodology uses normative law, including primary and secondary legal documents, as well as data collection approaches such as literature reviews.  A conceptual approach and a statutory approach were used in this research. The data analysis technique used was a deductive data analysis technique using the syllogism method.  The validity of an agreement is assessed based on 4 main points of the validity of an agreement based on article 1320 of the Civil Code.  Likewise, a sale and purchase agreement is considered valid according to law if it fulfills the 4 elements of the validity of an agreement

Suryani Alawiyah; Irwan Triadi

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

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.

Mohamad Arif Asiari; Fenty U. Puluhulawa; Julius T. Mandjo

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

This research aims to determine the implementation of tera/re-terra by the Legal Metrology Department of Trade and Industry of Gorontalo City as an effort to protect consumers. The type of research used in this research is empirical legal research which is intended to obtain clarity and understanding of the problems in research based on existing facts. Data sources were obtained through interviews, observation and documentation. Then analyzed descriptively qualitatively. The results of the research show that the implementation of tera/retracing by the Legal Metrology Department of Trade and Industry of Gorontalo City is carried out by carrying out retracing/retracing of scales which are included in the legal metrology category which is authorized for trading by the Ministry of Trade, in accordance with international standards. All UTTPs must be stamped/recast once a year in accordance with legal metrology laws and regulations. This aims to ensure that the UTTP equipment used by business actors complies with statutory provisions, so that the measurement results, measurements and scales are as they should be so that they do not harm consumers.

M. Zidan Ardana; Maya Shafira; Firganefi Firganefi; Gunawan Jatmiko; Damanhuri Warganegara

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

Narcotics abuse is a very dangerous thing, because in addition to having an impact on the user's personal self, he will become addicted and his life will depend on narcotic substances, which if not prevented (treated), the type of narcotics that will be used will become stronger. and the larger the dose. Recidivism is the behavior of a person who repeats criminal acts after being sentenced by a judge's decision which has permanent legal force because of criminal acts that have been committed previously. The problem approach used is an empirical juridical method supported by a normative juridical approach. The data collection technique is that primary data is obtained through interviews with research subjects and secondary data is collected by reviewing through literature studies such as statutory regulations, books or literature, and journals. Data analysis uses qualitative data analysis. The factors that cause recidivism in narcotics abuse crimes are internal factors and external factors. Internal factors consist of uncontrollable desires, behavior, diligent praise, easily frustrated, and the character itself. External factors that cause someone to repeat the crime of narcotics abuse include environmental and social factors, economics, information and communication technology, and family factors. Efforts to overcome the recidivism of narcotics abuse that can be carried out are pre-emptive efforts, preventive efforts and repressive efforts.

Enge Christina; Agustin Widjiastuti; Andyna Susiawati

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

Vocational training in Indonesia is organised based on cooperation or mutual agreement between educational institutions and companies. This research highlights the unavailability of legal regulations that specifically protect vocational trainees. The lack of specific regulations causes the implementation of existing labour regulations to be limited to companies where vocational training is held. Through this normative jurisprudence research, it can be seen that the vacuum legis condition, namely the existence of a vacuum of specific legal rules, has begun to have a solution. The Indonesian government has actually started to improve the quality of human resources through vocational education and training by making three new regulations related to vocational training. There are three new regulations that have been issued, namely: Presidential Regulation No. 68 of 2033 concerning Revitalisation of Vocational Education and Vocational Training issued on 27 April 2022. Coordinating Minister for Human Development and Culture Regulation No. 5 of 2022 governing the Organisation and Working Procedures of the National Coordination Team for Revitalising Vocational Education and Vocational Training, promulgated on 14 September 2022. Coordinating Minister for Human Development and Culture Regulation No. 6 of 2022 on the National Strategy for Vocational Education and Vocational Training, also promulgated on 14 September 2022. It is expected that these regulations can be implemented to protect the individual rights of prospective workers in vocational training in Indonesia.

Sofyan Daud; Fence Wantu; Avelia Avelia

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

This research aims to determine law enforcement efforts for criminal acts of theft committed by recidivist perpetrators in the jurisdiction of the Gorontalo City Resort Police from the aspect of law enforcement. The research method used in this research is empirical research, using a document study approach, case studies, observations, interviews which are then analyzed qualitatively. The research results show that the analysis regarding law enforcement efforts against recidivists carried out by the Gorontalo City Police uses efforts; preventive, namely providing legal education to the community and repressive efforts in the form of bringing justice by carrying out investigations, arrests, investigations up to the court level. It can be concluded that this preventive effort is an outreach by providing understanding to the community so that they participate in overcoming the problem of crimes committed by a recidivist, especially in the family environment, school environment and repressive efforts in the form of taking firm action against a recidivist. The action in question is in the form of investigation, arrest. , investigation up to the court level, this action is the last action if pre-emptive action is not successful.

Davin Gerald Parsaoran Silalahi; Ismunarno Ismunarno; Diana Lukitasari

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

This article analyzes the criminal offense of promoting online gambling, which is currently widespread on social media. The purpose of this article is to understand the legal frameworks regarding online gambling promotion on social media. The findings indicate that the regulations are found in Article 303 of the Indonesian Criminal Code (KUHP), Article 303 Bis, Article 426 of the New Indonesian Criminal Code (KUHP Baru), and Article 27 paragraph 2, Article 427 of the New Indonesian Criminal Code (KUHP Baru), and Article 45 paragraph 3 of the Indonesian Information Technology Law (UU ITE). The research method used in this writing is legal normative research with a statutory approach and a case approach. The legal sources in this research are primary and secondary legal sources, based on various regulations and various journals and academic writings. The result of the research is that within the online gambling regulations, there is a loophole, which is referred to as the "license" in the KUHP. The online gambling regulations in the Indonesian Information Technology Law are already in accordance with this.

Devinda Diana Valentina; Suraji Suraji

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

This research examines the validity of agreements regarding the inclusion of exoneration clauses in e-commerce transactions. Agreements between marketplace companies and their users are packaged in the form of standard agreements. This allows for the inclusion of eksonerasi clauses containing exoneration elements that may harm users. The research method used by the Author is normative legal research with a prescriptive nature. The types and sources of research data include primary data consisting of legislation, basic principles, jurisprudence, and other fundamental regulations, as well as secondary data obtained through literature review. Based on the research findings, the use of standard agreements is generally allowed as long as it does not violate Article 18 paragraph (1) of the Consumer Protection Law. Such violation constitutes a breach of the conditions for the validity of the agreement in terms of a lawful cause, thus rendering the use of exoneration clauses legally void.

Windy Dermawan; Leony Gustaviani

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

Southeast Asia is a region that is considered to have minimal conflict between countries, but on the other hand, the conflicts that arise tend to come from internal problems. In this case, on February 1 2021 the Myanmar military regime issued a coup statement on the Myanmar government. This of course creates a nightmare in society where the coup is considered to destroy people's daily activities. It didn't just stop there, the coup carried out by the military regime was also noted to have violated a number of human rights. In this case, the researcher seeks to highlight the effectiveness of ASEAN's role as a regional organization in efforts to resolve the coup that occurred in Myanmar through the perspective of the ASEAN Way which is based on the principle of non-intervention. Through qualitative method analysis using literature sources, the author tries to answer to what extent the ASEAN Way norms can resolve the conflict that occurred in Myanmar.

Sipayung, Baren; Susmiyati, Haris Retno; Nur, Insan Tajali

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

This article discusses the efforts of the Indonesian Financial Audit Agency (BPK) in preventing and eradicating corruption, reviewing the BPK's main role in auditing state financial management to achieve transparency, accountability and integrity in the use of public budgets. The BPK is also involved in eradicating corruption by conducting investigative audits of suspected corruption cases and revealing facts related to the perpetrators, modus operandi and state losses. In carrying out its duties, the BPK must pay attention to the Human Rights (HAM) perspective to ensure that its efforts do not violate individual rights guaranteed by the constitution and statutory regulations. This article explores how the BPK maintains its independence to carry out objective audits and provide recommendations based on valid data. With a deeper understanding of the role of the BPK, it is hoped that this article will increase appreciation of the importance of cooperation between the BPK, government and society in overcoming corruption which undermines development and human rights principles.

Moammar Khadafi; Otih Handayani; Widya Romasindah Aidy

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

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

Achmad Badawi; Supanto Supanto; Tika Andarasni Parwitasari

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

Criminal Law plays a crucial role in regulating the daily behavior of society, identifying actions that violate ethics and morals, and asserting that such actions can be considered crimes potentially harmful to others as legal subjects. Although assault is generally regulated in the Criminal Code as a violation of bodily integrity, there are differences in interpretation among legal experts regarding the meaning and concept of assault. The use of the judicial system to resolve cases does not always meet the expectations of perpetrators, victims, or the community in achieving justice. The emergence of the concept of Restorative Justice brings a new paradigm to the law enforcement system in Indonesia, aiming to be a holistic solution that considers the rights of both victims and perpetrators. Restorative Justice aims to restore the situation to its state before the criminal act, eliminate negative stigma, and avoid revenge. Thus, it is expected that the perpetrators can honestly admit their actions, take responsibility for their mistakes, and commit to improving themselves to avoid repeating their actions.

Muhamad Arul Pramudi Utama

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

This research contains a description of the ratification of extra-marital children as legal children. Recognition and ratification of extra-marital children often experience differences in their determination. The research method used by the author in writing this journal is normative legal research method, this legal research examines document studies using various secondary data, such as laws and regulations, court decisions, legal theories and opinions of scientists. Based on the results of the research, the Marriage Law does not regulate the recognition and validation of children, the Civil Code regulates recognition and validation while the Constitutional Court only focuses on the biological relationship between the child and the father. In the Determination of the Airmadidi District Court Number 175/Pdt.P/2021/PN Arm, the judge only looks at positive law without considering other aspects in the ratification of extra-marital children. This research is expected to contribute to the development of science, the author's achievement from this research is to produce scientific works in the form of theses, research journals, and as reference material for other writers in the future.  

Muhammad Nur Alamsyah; Vazrie Avicenna; Gusti Yosi Andri

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

Doctors in carrying out their profession have medical risks that must be accounted for where sanctions can be civil, criminal or administrative. This research aims to determine the differences in civil responsibilities of a doctor in terms of his profession as a beroep (person who carries out work) and a bedrijf (person who runs a company). The method used is normative juridical by connecting civil liability with the profession of a doctor as a doctor and doctor. Research’s result shows that there is a difference in civil liability between doctors as beroep and doctors as bedrijf. As a beroep, the fulfillment of responsibilities to third parties (patients) is carried out by the employer at the place of work, whereas as a bedrijf, the fulfillment of responsibilities is first seen in the form of the business entity that is established. The maatschaf form of business entity used in a doctor's practice will give rise to personal responsibility, while the firm form of business entity used in a doctor's practice will give rise to joint or joint liability.

Ilham Ali; Sunarto Sunarto

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

The presence of the E Court system in online trials creates legal loopholes regarding violations of the defendant's rights in trials regarding Due Process Law. The court cannot ignore this fact. Therefore, it is necessary to carry out an in-depth study and analysis to ensure that the implementation of electronic trials does not violate important principles needed to maintain justice and the human rights of defendants during the trial process. Formulation of the Problem of this Thesis How to regulate the defendant's consent in the implementation of electronic criminal trials in Indonesia? and What is the electronic criminal trial mechanism that guarantees due process? The research method used by the author is Normative Juridical to study E-Court from the perspective of applicable laws and regulations and legal principles. The results of the research are that the regulation of the defendant's consent in carrying out criminal justice electronically in Indonesia based on Perma 4 of 2020 is an effort to protect the defendant's rights in the criminal justice process. The defendant's consent is necessary to ensure that the defendant understands his or her rights and is not forced to participate in the trial electronically. Perma Number 4 of 2020 regulates several ways to carry out electronic trials, such as defendants attending the trial from the place of detention with or without being accompanied by a Legal Advisor, or defendants who are not detained can attend the trial in the Court's court room or at the Prosecutor's office accompanied or without being accompanied by an Advisor. Law. This defendant consent mechanism must also pay attention to complete and timely notification to the defendant, the defendant's access to necessary technology, the defendant's right to be represented by a lawyer, preservation of trial recordings, and special consideration of personal rights and data security.    

Dhea Putri Sri Wahyuniarti; Lego Karjoko; Rosita Candrakirana

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

The importance of business licensing as a matter of legality is a manifestation of legally valid permits given by the government to business actors to carry out their business officially. The birth of the Job Creation Law gave birth to a business licensing system which previously contained the Online Single Submission system version 1.1 which was later developed into a risk-based approach/RBA or based on the level of risk of the business to be carried out. The aim of this research is to determine the implementation of business licensing for Surakarta City MSMEs through the Online Single Submission Risk Bassed Approach. This research method is empirical juridical legal research and uses a qualitative approach. This research uses primary data and secondary data. The primary data obtained came from interviews conducted at the Surakarta City Investment and One Stop Integrated Services Service. Then supported by secondary data obtained from library materials. Due to the convenience of the OSS-RBA system, system errors often occur or the server goes down, thus hampering the goal of facilitating business licensing, becoming a barrier for business actors to issue their business permits quickly. These obstacles make it difficult for business actors to log in or register on the OSS page, which means that the NIB is not immediately published. And many business people are still confused about the process flow for using OSS-RBA and are still blind to internet technology. However, despite these obstacles, the Surakarta City DPMPTSP has made various efforts to improve the quality of business licensing services in the City of Surakarta.

Andrean Widiyantoro; Sunarto Sunarto

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

The background to this thesis is that the implementation of diversion for children in the investigation process and legal processes related to juvenile criminal matters still faces significant gaps. Children's rights are often ignored in the implementation of diversion by the existing legal system. Disproportionate treatment of children in the implementation of diversion causes injustice in the handling of child criminal cases. There needs to be attention and effort to ensure that children's rights are fully recognized and respected in the implementation of diversion. Reforming the legal system to be more inclusive and attentive to children's needs is a necessary step to overcome this gap. The problem formulation for this thesis is: What is the process of investigating child criminal cases through restorative justice at the Semarang Police? and What are the obstacles and solutions in the process of investigating child criminal cases through restorative justice at the Semarang Police? The results of this thesis research are that the child diversion process at the Semarang Police is a method that involves transferring cases from the criminal court to a deliberative process, with the aim of achieving balance and restoring the situation. This approach has significant benefits, including reducing the number of children arrested, detained and sentenced to prison, as well as removing the stigma attached to them and returning them to normal behavior. In its implementation, deliberation involves a mediator who can be a trusted community figure or a school principal or teacher. The importance of a restorative judicial process is also seen in this case, involving law enforcement officials who have good intentions and understanding of children's problems. However, there are several obstacles in the child diversion process at the Semarang Police, such as excessive compensation requests, financial constraints, and the complexity of cases involving children. Apart from that, public trust in diversion regulations is also a concern that needs to be addressed.