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Valentino Aquila De Wahyu; Aurelia Eka Junita; Amanda Destiana; Krisna Agus Setyabudi; Farrah Nidau Daini +1 more

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

The National Police of the Republic of Indonesia (Polri) is a government institution whose main task is to ensure law enforcement, security and public order, provide services as well as protect and develop. Therefore, the National Police plays an important role in ensuring security and public order and enforcing the law to create peace and justice for all Indonesian people. In every criminal case, criminal investigations must be carried out professionally, transparently and responsibly to uphold the supremacy of law that reflects a sense of justice. (1) (5) The Criminal Procedure Code explains that an investigation is a series of investigative actions used to search for and discover an incident that is suspected of being criminal in order to determine whether an investigation can be carried out according to the Criminal Procedure Code.

Aji Suryanata; Yudho Taruno Muryanto

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

This research aims to determine whether actio pauliana is an appropriate legal remedy in providing legal protection for creditors in bankruptcy cases. It also aims to determine the basis of the judge's considerations in Verdict No. 06/Pdt.Sus.Gugatan Lain-lain-AP/2020/PN.Niaga.Jkt.Pst. Jo. No. 27/Pdt-Sus-PKPU/2015/PN.Niaga.Jkt.Pst. This research is a normative legal research with statutory and case approach. The type of data used is secondary data. The technique used in collecting legal materials in this research is literature study. This research uses syllogism analysis technique and deductive thinking pattern, using major premises and minor premises which then these premises can produce conclusions. Based on this research, it is found that actio pauliana is an appropriate legal remedy in providing legal protection for creditors who are harmed by debtors in bankruptcy cases because there is internal legal protection and external legal protection in accordance with Isnaeni's legal protection theory used as an analysis. The basis of the judge's consideration used as the curator's right to file an actio pauliana lawsuit is Article 47 paragraph (1) and Explanation of Article 3 paragraph (1) of the Bankruptcy Law, then in deciding the case used as the analysis material, the judge uses Article 41 and Article 42 of the Bankruptcy Law.

Nannyk Widyaningrum; Winda Azmi Meisari; Viviana Rahmawati

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

Electronic Medical Records as a form of renewal of health services, which has emerged as a response to and challenges arising from advances in technology. The Minister of Health Regulation No. 269/Menkes concerning Medical Records is no longer in accordance with developments in science and technology, health service needs and the legal needs of society. At this time the government has determined the regulations to be used, namely Minister of Health Regulation no. 24 of 2022 concerning Medical Records. With this regulation, hospitals must improve their preparation so that they can be integrated with the government system. The aim of this PKM is to increase the knowledge of medical personnel in administering electronic medical records in hospitals. The PKM implementation method includes material presentation, discussion and evaluation. The target of PKM consists of 14 health workers with the results of PKM being an increase in health workers' knowledge in maintaining medical records.

Wawan Patriansyah; Nursiah Hasibuan; Muallim Hasibuan; Tri Eva Juniasih

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

Elections are a means to determine the fate of the nation for the next five years. For this reason, it is necessary to provide understanding through political education to the public, especially students who are classified as beginner voters with the aim of building student participation to participate in elections. As educators who have an important role in providing education in the field of politics to students, this research will analyze the role of political education in building student participation in elections. The aim of this research is to find out the role of political education in increasing student participation in the 2024 elections. The method used in this research is descriptive qualitative. The respondents or samples for this research were 120 FISIPOL UGN students. Based on the research results, it was concluded that students' understanding and knowledge of elections is still lacking due to the lack of political education provided. Student participation in taking part in the upcoming elections is in the good category, but still needs improvement because students' awareness of election participation is still limited to exercising their right to vote. Good education and students' low political attitudes will influence students' mindsets about things that can be followed in the implementation of elections.

I Putu Arya Suarnata Wibawa; I Wayan Novy Purwanto

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

The word law comes from the Arabic al-hukm with literally alhukm meaning a rule. In the trial program the judge can become a law, if there is no regulation in this case, it will be the responsibility of the judge to find the legal regulation. This research aims to find out how the legal protection for the loser is from punishing others, as well as finding out that his inheritance can be a guarantee of legal protection for the injured party for a crime committed by the party in buying protection for formal or material losses. The method used in this research is normative legal writing, the methods used are Case Approach and Statute Approach. The case method is carried out by examining cases related to the problems faced which have become court policies and have permanent legal force. The results of the research show that prosecution needs to be based on strong reasons and evidence if this action is an act that has violated the law, if the reasons and evidence cannot be held accountable so that the lawsuit is based on a prosecution that cannot be carried out by law in court. From this, legal protection is needed for the plaintiff who loses from the criminal action.

Nur Hidayatul Fithri; Budi Endarto; Muhamad Chaidar

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

The existence of fintech P2P Lending can help Indonesian people who are still unreached by banking services to borrow funds with easy, fast terms and without making a direct agreement. Electronic lending system make it easy public to borrow funds with easy reuqirements and without need to meet for make a agreement. Trading system transaction originally paper based and then shift to electronic based system (digital) is something that needs to be studied further about validity of the e-contract as the basis of relations between two parties that make agreement, by using legal protection theory, legal certainty theory, and theory of justice. The purpose of this research is to study together validity of e-contract in Fintech P2P Lending industry. The results of this research analysis show that the practice of online lending and borrowing based on fintech P2P Lending still does not have legal certainty for loan recipients, the benchmark for the validity of an agreement in fintech P2P Lending only refers to article 1320 of the Civil Code regarding the conditions for the validity of the agreement. The Fintech Lending Law should be drafted immediately to guarantee legal certainty for P2P Lending fintech.

Mauliya Fitriani; Della Miftahurrizka; Mizan Imani Naqsyabandi; Noerma Kurnia Fajarwati

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

Fashion design as a creative and intellectual expression requires appropriate legal protection to encourage innovation and protect the rights of creators. This article discusses the important role of law in protecting fashion design from an intellectual protection perspective. This approach involves an analysis of the role of intellectual property rights, especially copyright and industrial design, in providing adequate protection for works of art in the world of fashion. Copyright provides automatic protection for original works, including fashion designs. However, copyright restrictions result in limited protection, which is why it is important to understand how industrial designs can provide broader protection. Through industrial design registration, creators can secure exclusive rights to their fashion designs, preventing unauthorized duplication. This legal protection also helps create a fair business environment and fuels the growth of the fashion industry. By recognizing the economic and creative value of fashion design, the law plays a role in encouraging investment and innovation in the sector. Therefore, a deep understanding of the role of law in the intellectual protection of fashion design is crucial for interested industry players, creators and users.

Dian Utami Amalia; Bagos Budi Mulyana; Fajar Falah Ramadhan; Noerma Kurnia Fajarwati

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

The rapid development of digital technology has had a significant impact on the legal protection of intellectual property in Indonesia. In this digital era, intellectual property, such as copyrights, patents and brands, has become more vulnerable to infringement and misuse. This article reviews Indonesia's efforts to face these challenges by exploring the policies and regulations implemented to strengthen legal protection of intellectual property in the digital era. The Indonesian government has adopted various regulations that accommodate digital dynamics, such as revisions to copyright and patent laws. However, there are still challenges in effective implementation and enforcement of the law. This article also highlights collaboration between government, the private sector, and society in developing innovative solutions to improve intellectual property protection. By reviewing the latest legal and policy developments, this article provides a comprehensive picture of Indonesia's efforts to mitigate risks and increase protection of intellectual property in the digital era. In conclusion, strong and adaptive legal protection is very important to encourage innovation, investment and economic growth amidst the dynamics of the digital era.

Nessya Mayla Faiza; Utari Mutiara Ayu; Noerma Kurniwa Fajarwati

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

Religious communities like Indonesia often discuss religious issues. Determining the Eid al-Adha holiday in 2022 is one of the issues that is receiving attention. As is known, the Indonesian government determines the Eid al-Adha holiday in two ways: rukyat and reckoning. On the Instagram account @kemenag_ri, the Ministry of Religion of the Republic of Indonesia held an Isbat Session Teleconference on June 29 2022, and the results showed that the date set on the calendar had to be changed from July 9 2022 to July 10 2022. Instagram users provided this decision directly. This shows that the religious community has participated and there is agreement in handling the results of the Isbat Session. As an effort to explore the interactions that exist within religious communities, this research uses netnography techniques.

Jasmine Syifa Azzahra Susilo; Asti Sri Mulyanti; Temmy Fitriah Alfiany

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

To become the halal centre of the world, the government requires the implementation of halal certification for all products circulating in Indonesia, one of which is food and beverage products. The halal certification obligation has been carried out from 17 October 2019 to October 2024. The government has prepared strategies to improve the quality and quantity of assistants and simplify the halal certificate registration process. The Sukabumi City Diskumindag has helped facilitate MSMEs in Sukabumi City to register for free halal certification. However, there are still many MSMEs in Sukabumi City that do not have halal certificates. This is certainly detrimental to the community because it does not protect the right to safety and comfort when consuming or using a product. If until 18 October 2024 MSMEs are not halal certified, they will be subject to sanctions in accordance with Article 24 of the Law on Halal. This study aims to examine how the implementation of halal certification is viewed from Law Number 33 of 2014 concerning Halal Product Guarantee for MSME players in Sukabumi City as well as the role of Diskumindag Sukabumi City and what obstacles are faced during the implementation of the Law. The research used in this study is normative juridical which deductively reviews articles and legislation to examine how these regulations are applied in practice. Problems in the implementation of Law Number 33 of 2014 concerning Halal Product Guarantee in Sukabumi.  

Euis Sopiah

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

In the last few decades, teachers in carrying out their duties have often become the subject of social control and mass media. This is due to the increasing number of acts of violence that occur in schools, both committed by students, parents, school administrators and even teachers themselves. These acts of violence sometimes occur due to student disciplinary activities carried out by teachers. The aim of this research is to provide an explanation of the importance of clear regulations regarding the protection of teachers in carrying out their duties. The research method used is a literature review. The results of this research are that the current regulations are not strong enough to provide legal protection for teachers in carrying out their duties, so there is a need for clearer legal evidence and more emphasis on teachers in carrying out their duties.

Nova Nazwa Ramadhanti; Sahrul Sodikin; Siti Abelia Puteri; Noerma Kurnia Fajarwati

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

This article explores the comparison between money politics and cost politics in the context of the political process and its influence on democratic integrity. Money politics reflects corrupt practices in which wealth is used to manipulate election outcomes or political decisions, while cost politics includes costs related to campaigns, regulations, and citizen participation in the political process. In distinguishing these two concepts, this article highlights their role in shaping the strengths and weaknesses of democracy and the challenges in strengthening political integrity. By analyzing case studies and theoretical concepts, this article aims to present a clearer understanding of the differences between money politics and cost politics, as well as promote efforts to address corruption and increase transparency in the political process.

Dian Pribadi Sihotang

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

A peace agreement that has been homologated is binding on all creditors who agree to the peace plan in accordance with Article 286 of Law Number 37 of 2004. The debtor is obliged to prove that the peace agreement has been fulfilled by the creditors as per the peace agreement that has been agreed. This research is aimed at analyzing legal certainty regarding the rights of concurrent creditors after homologation has been carried out, the debtor's responsibility if the debtor does not fulfill his promise according to the peace agreement that has been homologated and analyzing the application of the law by the panel of judges in Decision Number 11/Pdt.Sus-PKPU /2017/PN Niaga Medan regarding the responsibility of debtors to concurrent creditors in the implementation of the homologated PKPU peace agreement. This research is normative legal research that is qualitative in nature. Data comes from primary, secondary and tertiary legal materials collected using library research and document study techniques. Primary data as supporting data for normative analysis was collected using the interview method with judges and curators who were determined purposively. Data analysis was carried out using the qualitative normative data analysis method.Based on the research results, it is concluded that legal certainty regarding the rights of concurrent creditors occurs after the homologation of peace agreements which are binding and obtain permanent legal force. If the debtor is negligent and the settlement is canceled, the debtor will lose independence or the debtor will no longer have any interest in controlling or managing his assets. In this regard, the application of the law by the panel of judges in the homologation Decision Number 11/Pdt.Sus-PKPU/2017/PN Niaga Medan was correct with the consideration that the debtor was declared negligent in fulfilling his obligations and canceled the decision to ratify the peace by declaring the debtor to be in bankruptcy with all legal consequences

Maryuliyanto Maryuliyanto

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

Kemiren Village Banyuwangi is a traditional Osing village because it still adheres to its customs. One of the things that regulates customary law is marriage. Marriage according to customary law is one of the most important events in people's lives. Because according to indigenous peoples, marriage does not only involve a man and a woman as potential brides, but also binds the two families together. The success of a household in realizing a happy life, especially in indigenous peoples, is largely determined by the intervention of relatives and family, which starts when they are about to get married or when there is a conflict in the household. In this case, it is very dependent on the rituals that were usually performed beforehand and asked for the opinion of the traditional leader. The research focuses on this namely the cosmology of marriage in the view of the Osing tribe of Banyuwangi. This research was conducted with the objectives to analyze the cosmology of marriage in the perspective of the Banyuwangi Osing tribe, The research method used in this research is empirical research using descriptive qualitative, meaning that this research seeks to describe, record, analyze and interpret what is being studied, through observation, interviews and studying documentation. The research approach used in this study is the sociological approach. The sociological approach is an approach used to describe the state of society complete with structures, layers and various other interrelated social phenomena. Based on the results of the research that has been done, the researcher concludes that; First, marriage is a sacred bond to unite two people who have a relationship or a sense of love as a gift to be grateful for. Kemiren Banyuwangi Village is a district that has a diverse community and has a different culture for each region and tribe, one of which is the tradition of marriage. Second, family. Second, in living a household life, of course there are times when there are disputes between husband and wife. In the customary community of the Osing Tribe when there is a conflict or even a divorce, they resolve it according to customary law, because in each customary law there is a pattern of settlement when a problem occurs.

Diah Anggraeni Novitasari; Kunarto Kunarto

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

The law’s rules that set about the employment in Indonesia run into many problems which have an impact to the imbalance investment in Indonesia. To increase the investment, the DPR formed Law No. 11 of 2020 that concerning job creation which simplifies and give the rules details that related with the employment by using the omnibus law technique. Throw back to the year before, the laws that contains about the employment has been created through Law No. 13 of 2013 that has been simplified from six ordinances and nine related laws. But in the implementation, Law No. 13 of 2013 has been acommodated many interests and spent a lot of time and money. Comparing with the Law No. 11 of 2020 about the job creation, discussion regarding the laws did not spend a lot of time because it already planned by several part which is when the laws has been released raises a lot of judicial riview.    

Nuryono Nuryono

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

Corruption is still a scourge and a sore that destroys the economic joints of a country or nation. Problem formulation: 1) What is the normative basis of the authority of the District Attorney's Office in overcoming corruption; 2). What is the role of the District Attorney's Office in overcoming corruption? This research will be compiled using the normative legal research type. The data sources used are primary and secondary data. Secondary data in this study include: Primary legal materials, consisting of: Law Number 48 of 2009 concerning Judicial Power, Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia, Law Number 31 of 1999 which has been amended to Law Number 21 of 2001, Law Number 30 of 2002 concerning the Corruption Eradication Commission, Law Number 46 of 2009 concerning the Corruption Court. Research results: 1). Protection of patient rights as consumers in medical records is the existence of regulations that The normative basis for the authority of the District Attorney's Office in dealing with corruption crimes is divided into two, namely preventive handling and repressive handling. Preventive handling of corruption crimes by the prosecutor's office is an action taken within the framework before the crime or criminal act occurs, the legal basis for which is Article 30A and Article 30B letter d of Law Number 11 of 2021 concerning Amendments to Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. The main umbrella is Law Number 8 of 1981 concerning the Criminal Procedure Code, especially those stated in Article 1 number 6 letters (a) and (b) of the Criminal Procedure Code. The prosecutor as a criminal investigator also serves as a public prosecutor in handling corruption crimes. So to complete his obligations, the prosecutor must cooperate with other related parties. Cooperation with other parties is called a legal relationship, because in carrying out cooperation in a rule or law that is certain in nature. Legal relations with other parties can be individuals, legal entities and other government agencies.    

Surana Mahendra Jati; Mashari Mashari

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

The problem currently faced is that the amount of green open space that must be provided by the government has not yet reached 30% of the city area. The problems are as follows: 1) What are the responsibilities of the Semarang City Government in fulfilling green open space in urban areas based on Semarang City Regional Regulation Number 14 of 2011 concerning Semarang City Regional Spatial Planning for 2011-2031 as amended by the Semarang City Regional Regulation Number 5 of 2021? 2) What obstacles does the Semarang City Government face in fulfilling green open space in urban areas? 3) What solutions can the Semarang City Government implement to face obstacles in providing green open space in urban areas? This research uses a normative juridical approach (normative legal research). The data analysis used is a qualitative approach to secondary data as main data and primary data as supporting data. The research results show that the responsibility of the Semarang City Government in fulfilling green open space in urban areas is in accordance with the plan for the distribution of regional service facilities in each part of the city area (BWK). The obstacles faced by the Semarang City Government, namely: juridical obstacles, technical obstacles. Solutions that can be implemented by the Semarang City Government are: enforcing regulations with punishment regarding local building regulations, including the Basic Building Coefficient (KDB) for all buildings so that there is open space in each site which will be useful for planting trees or reforestation, propose an additional budget in the Expenditure Budget Activity Plan (RKAB) according to real needs as well as plans for additional city park development. The proposal for additions outside the routine budget is intended to maximize the implementation of medium and long term work programs. recruiting honorary/contract workers to help with the maintenance of existing city parks.    

Sri Hardhina Kunjayanti; Agus Widodo

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

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

Adi Sakti Setionegoro; Anggraeni Endah Kusumaningrum

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

Anesthesia practice in Indonesia faces challenges related to the implementation of professional standards and ethics as well as legal issues that often arise. This study aims to examine the implementation of professional standards and ethics in anesthesia practice in Indonesia today and to identify legal issues that often occur and how to resolve them. This study uses a normative legal research method by analyzing primary and secondary legal materials. The results of the study indicate that although there are guidelines and codes of ethics that regulate anesthesia practice, their implementation in the field still faces obstacles such as lack of understanding of health workers, excessive workload, lack of support from hospital management, and less than optimal supervision and sanctions. Legal issues that often arise include negligence in administering anesthesia, lack of informed consent, violations of the professional code of ethics, and problems in the doctor-patient relationship. Efforts that have been made to overcome these problems include improving education and training, improving standard operating procedures, strengthening supervision and sanction mechanisms, developing non-litigation dispute resolution channels, improving communication and doctor-patient relationships, and increasing support from hospital management. However, these efforts are still not fully optimal and require further evaluation and improvement. The importance of individual awareness of each anesthesiologist to comply with professional standards and ethics and strengthening ethics education are also key factors. Close collaboration between various related parties is needed to improve the quality of anesthesia practice in Indonesia while prioritizing patient safety and welfare.    

Tony Rachardiyanto; Markus Suryoutomo

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

Corruption is a problem in every country. Corruption has a negative impact on the order of national and state life. Therefore, the United Nations has established the 2003 UN Convention Against Corruption which must be ratified by every country. Indonesia has a corruption problem that is no less complicated. Basically, every corruption is under the same authority, namely the use of office by individuals to benefit themselves or their groups by deviating from the oath of office and the law. Corruption, although considered soft power, its destructive power is no less than the threat of hard power, such as ongoing collective violent conflict, separatism, or even war. This reality will be exacerbated when corruption is carried out using the law as a tool. Become a perfect crime with the legal knowledge and power possessed. It is not surprising that the law is used as a tool of crime (law as a tool of crime) which can hide corruption in the policies that cover it. Most perpetrators of corruption come from the middle class or educated people. One group with higher education and a stable profession or career.