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Afridinata Afridinata

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2024 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

This research attempts to elaborate on the analysis and implementation of the Riau Provincial Government's policy on forests, using the case study of Governor Regulation Number 11 of 2014 concerning the Forest and Land Fire Control Center. The purpose of this research is to understand the content of the Riau Provincial Government's policy through Governor Regulation Number 11 of 2014 on the Forest and Land Fire Control Center and to analyze the Riau Governor Regulation of 2014 concerning the Forest and Land Fire Control Center. To analyze this study, the data used in this research are sourced from books, archives, documents, the internet, and interviews. The analytical method applied in this research is a qualitative descriptive method, which involves creating, describing, and summarizing various conditions with the variables emerging from the research object and revealing facts through data collection, which are then studied, processed, analyzed, and interpreted to be presented descriptively. The theories used in this research include public policy, environmental politics, and development politics theories.

Anes Sefta Asmita

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

Restorative Justice is an alternative dispute resolution outside of criminal penalties, in other words, it is resolved through familial means and also aims to repair the relationship between the perpetrator and the victim. Recently, the application of restorative justice has been found in the field, which has become the main basis for resolving criminal cases of rape committed by police officers by filing an appeal in the appellate court, so that the police officer who is the perpetrator of the rape, named Bripda Fauzan (FA), who was previously subjected to the sanction of dishonorable dismissal (PTDH) in the Police Ethics Code Commission session, was not dismissed on the grounds that the rape case was considered resolved after the perpetrator married the victim. However, some time after the appeal decision, the perpetrator was reported again for allegedly neglecting his wife, who is the victim of the rape he married, which will be further examined in this research regarding the cause of Bripda Fauzan (FA) leaving his wife. This study aims to provide a real view of the application of restorative justice as the main basis for resolving rape cases, the method used in this journal is a normative juridical research method with literature studies and looking at empirical facts in the field through news circulating on the Internet media regarding rape cases by police members who are considered to have been completed after marrying the victim. The settlement of rape cases carried out by police members with restorative justice has tarnished the credibility of police institutions that do not seem to understand the fatality of sexual violence cases with the application of restorative justice in cases that have a major impact.

Shelvia Arnie Putri; Timbul Dompak; Lubna Salsabila; Etika Khairina

Proceeding of the International Conference on Social Sciences and Humanities Innovation 2024 Asosiasi Peneliti dan Pengajar Ilmu Sosial Indonesia

This research examines the impact of globalization on non-traditional security in Indonesia. Using a literature study approach, the research collects secondary data from various sources, including scientific journals, government reports, and publications from international institutions. Globalization has introduced several new challenges to Indonesia's non-traditional security, such as terrorism, transnational crime, environmental degradation, food and energy security, and cyber threats. This study explores different dimensions of non-traditional security risks, evaluates the effectiveness of current policy responses, and identifies potential strategies to strengthen Indonesia's national resilience in addressing contemporary security challenges. The research finds that globalization accelerates cross-border mobility, enhances extremist groups' access to the internet, and intensifies environmental damage. In response, the Indonesian government has implemented measures such as strengthening anti-terrorism laws, promoting deradicalization programs, enhancing border controls, fostering ASEAN regional cooperation, imposing a moratorium on land clearing, and supporting the REDD+ program. However, challenges remain, including limited resources, coordination issues between institutions, and low levels of digital literacy among the public, which hinder progress in improving non-traditional security in Indonesia.

Abd. Rosid; Ahmad Musadad

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The use of the internet is not only limited to utilizing information that can be accessed via social media, but can also be used as a means to carry out trade transactions that have been introduced in Indonesia, namely e-commerce. In e-commerce transactions in cyberspace, it is possible for disputes to occur, just like disputes that occur in a conventional legal relationship. The more numerous and extensive trading activities and e-commerce transactions, the higher the frequency of disputes and this means that there will be many disputes that must be resolved. One of the payments in e-commerce is COD (Cash On Delivery) which is made on the spot after the order from the courier is received by the buyer. In fact, there have been several cases that have resulted in losses felt by the seller in a buying and selling transaction via e-commerce. How to alternatively resolve consumer disputes through an out-of-court settlement process, and how to provide legal protection for consumers and business actors.    

M. Mas Agussyah

Notary Law Research 2024 Program Studi Magister Kenotariatan Fakultas Hukum UNTAG Semarang

Nasabah yang ingin mengajukan kredit kepada bank harus membuat perjanjian kredit dengan bank melalui suatu kesepakatan formal. Perjanjian kredit ini dibuat oleh seorang Notaris dalam bentuk Akta Perjanjian Kredit. Penelitian ini menggunakan metode penelitian yuridis normatif dengan pendekatan analisis deskriptif analitis untuk mengeksplorasi Peran Notaris dalam Pembuatan Akta Perjanjian Kredit antara Bank dan Nasabah. Bahan hukum dikumpulkan melalui studi kepustakaan serta penelusuran internet, termasuk artikel dan jurnal ilmiah terkait. Analisis dilakukan secara deskriptif analitis dan kritis terhadap peran Notaris dalam proses penyusunan Akta Perjanjian Kredit. Notaris bertanggung jawab untuk memberikan penjelasan dan panduan mengenai prosedur yang harus diikuti, serta memastikan bahwa akta yang dibuat sesuai dengan norma hukum dan etika. Selain itu, notaris juga terlibat dalam proses penyelesaian wanprestasi, yang dapat dilakukan melalui eksekusi di bawah tangan atau melalui lelang yang diatur oleh Kantor Pelayanan Kekayaan Negara dan Lelang (KPKNL).

Belatian Detiara; Fidelia Dwipuspita Purwacahya; Alifia Putri Agfani; Nabila Putri Ardevi; Tia Aggrilia +1 more

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

This study analyzes the relationship between price and Universitas Gadjah Mada students in choosing residential accommodations. This study uses correlation methods with the independent variables such as discount, parking area, internet facilities, building quality, and cleanliness and also the dependent variable in the form price. Data refers to primary data from a survey in the form of a questionnaire. The research results show that all variables have an influence on prices and students' decisions in choosing residential preferences. This study also shows that the size of the parking area is the most influential variable on the preferences of Universitas Gadjah Mada students in choosing residential accommodations, where a large parking area increases interest and housing prices. Apart from that, building quality, environmental cleanliness, internet facilities, and discounts also have a significant influence, because they support students' economic, social, and emotional needs, as well as contributing to their comfort and quality of life.

Michele Gisela Dubu; Rudepel Petrus Leo; Orpa Ganefo Manuain

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

The world has entered the era of modernization and affects increasingly sophisticated technology and information, but this has resulted in many individuals who abuse the internet as a means of committing crimes, one of which often occurs is cyberbullying  or (cyberbullying). The crime of cyberbullying  has been regulated in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning the ITE Law and the Criminal Code (KUHP) which is elaborated to become the basis for authorized law enforcement in enforcement efforts. This research is an empirical juridic research. The location of the research in the East Nusa Tenggara regional police area, the data collection method is by interviews, documentation studies and observations. The collected data is then analyzed and then presented in a qualitative descriptive manner. The results of the research on law enforcement through 2 stages, among others, preventive efforts and repressive efforts, then inhibiting factors in law enforcement, among others, limited budget and tools for investigation and investigation so that it is difficult to find evidence if the perpetrator uses a fake account without personal data or phone number, besides that Article 74 of the Criminal Code has regulated the expiration of the complaint offense so that the victim must immediately report the crime he has experienced. As for the suggestion, it is hoped that the consistent active role of law enforcers to socialize rules and ethics in the use of social media and maximize law enforcement efforts for perpetrators of criminal acts to the court stage. The government can make a special formula related to the expiration of complaints for cyberbullying  cases in the ITE Law. It is hoped that the public will have a high legal awareness in the use of social media so as to prevent criminal acts committed through cyberspace.    

Akbar Nur Wijaya Asra; Bhisa V. Wilhelmus; Deddy R. Ch. Manafe

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

One of the negative impacts of the internet is online gambling, which previously people only played gambling games in the usual way. Gambling has been around on this earth for thousands of years and is the oldest game in the world. In essence, gambling is behavior that violates religious, ethical, moral and legal norms and endangers the livelihood of the community and the life of the community, nation, and state. This research was carried out in Kupang City, precisely at the Kupang City Resort Police. This research is an empirical legal research, which is carried out by looking at the reality that exists in field practice. This approach is also known as a sociological approach that is carried out directly in the field. The data were analyzed in a descriptive-qualitative manner. Based on the results of the research that has been carried out, it is obtained that: (1) Law enforcement efforts against perpetrators of online gambling crimes, including: (a) The application of criminal sanctions for perpetrators of online gambling crimes in accordance with applicable laws and regulations. (b) Strict action to take legal action against the perpetrators of online gambling crimes. (2) Factors that are obstacles in the process of handling online gambling crimes, include: (a) Obstacles to law enforcement, (b) Lack of awareness and concern from the public, (c) Server factors located outside the Kupang City area, (d) Inadequate facilities and infrastructure, (e) Difficulty in collecting evidence. The author's suggestion is to tackle online gambling crimes, not only by relying on the role of the Police, but also the need for participation from the community. The public should not be closed and more open in providing information and reports to the Police regarding gambling crimes that occur around the area where they live.    

Munsen Bona Pakpahan; Fajar Fajar; Agustin Agustin

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

The application of main and additional criminal witnesses in the PTPK Law has become firm with the existence of legal norms for the return of state financial losses that do not eliminate the criminalization of the perpetrators of criminal acts but only factors that alleviate punishment. This is important so that there is no disparity in punishment. And likewise punish paying restitution if the act is committed jointly, so that a sense of justice occurs,The research method used is normative juridical. Which type of data used is primair legal material obtained from all publications on law, literature that is not an official document. Publications about the law include, among others, the internet, textbooks, law journals, articles, comments, court regulations and other sources; The types of criminal sanctions in the PTPK Law, namely in the form of principal punishment and additional punishment in the form of restitution, are closely related. Aspects of the amount of state financial losses, aspects of the perpetrator's guilt, aspects of the benefits obtained by the perpetrator, the impact caused by the perpetrator and the return of losses made by the perpetrator. Such is the case in imposing additional punishment in the form of paying restitution. In the PTPK Law, the amount of restitution is interpreted as “not merely assessing state financial losses, but assessing how much money is actually received by the perpetrator”, so that the imposition of restitution is in accordance with objective and proportional principles. Likewise, the imposition of restitution in the case of corruption crimes committed jointly and tried simultaneously, the additional restitution cannot be imposed jointly.

Hikmah Arfatul Jannah; Sri Amelia R.Laoh; Elisa Raup; Tesalonika Pangkey; Natasya Sumendah +3 more

Student Scientific Creativity Journal 2024 Pusat Riset dan Inovasi Nasional

One of the essential aspects of internet browsing is the existence of web browsers, software that enables users to access various websites and online resources. The objective of this study is to understand users' behavioral patterns when engaging in internet browsing activities across different digital platforms and to identify the positive and negative impacts of internet browsing on users' productivity and well-being in daily life. This study employs a qualitative descriptive method. The findings indicate that internet browsing has a significant impact on users' productivity and well-being, both positively and negatively. On the positive side, browsing can enhance work efficiency, support learning, and provide entertainment that helps reduce stress.

Maria Oktaviani Kartika Tua; Aksi Sinurat; Adrianus Djara Dima

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

Internet users in the use of information have given rise to two opposite sides, where on the one hand it is easier in terms of access and utilization of information, while on the other hand it causes various kinds of illegal acts, one of which is copyright infringement in the form of film piracy which is currently inserted through illegal streaming sites resulting in losses for the creators of cinematographic works. This of course violates the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics concerning the Implementation of Content Closure and/or User Access Rights, Copyright Infringement and/or Related Rights in Electronic Systems. This research is a normative juridical research using a legislative and conceptual approach, using legal materials from literature and the internet as a source of legal materials. The results of the study show: (1) The form of legal protection for the creators of cinematographic works in film piracy on illegal streaming sites is reviewed from the ITE Law in a preventive manner regulated in Articles 23-25, Article 25, Article 32 paragraphs (1) and (2) of the ITE Law and has been repressively regulated in Article 48 paragraphs (1) and (2) of the ITE Law and the Joint Regulation of the Minister of Law and Human Rights & the Minister of Communication and Information related to Content Closure. (2) The effectiveness of the legal protection provided by the government to the creators of cinematographic works in the piracy of films on illegal streaming sites provided by the government through the ITE Law and the Joint Regulation of the Minister of Law and Human Rights and the Minister of Communication and Informatics related to site blocking cannot be said to be effective until now because the legal factor itself has not sufficiently accommodated the protection of creators clearly in the event of film piracy on illegal streaming sites.

Diana Ndun; Orpa Ganefo Manuain; Rosalind Angel Fanggi

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

This research is a normative research, so this data is carried out by conducting a literature study on the verdict. Data sources are obtained from primary legal materials, namely: laws and regulations and court decisions, secondary obtained from literature and literature studies, tertiary legal materials obtained from the internet, dictionaries, and encyclopedias. The results of the research obtained from analyzing the verdict show that (1). The basis for the judge's consideration in imposing criminal sanctions against distributors of pharmaceutical preparations without expertise and authority by looking at the Judge's Juridical Considerations and Non-Juridical Considerations of the judge is appropriate and uses an Article that meets the elements of the perpetrator's violation in accordance with the Health Law, but the imposition of criminal sanctions is very light and far from the provisions of the Article. (2). The suitability of the imposition of criminal sanctions in Decision Number 150/Pi.Sus/2021/PN Kupang with the Health Law given by the Judge to the defendant is so light that it cannot guarantee that the defendant will feel frustrated and will not repeat his actions again. This makes the sense of justice, usefulness and legal certainty not fulfilled properly. The author's suggestion that the criminal sanctions imposed by the Panel of Judges against the defendant should not only consider the behavior and actions of the defendant but also look at the consequences of the defendant's actions that can have a bad impact on the health of consumers/patients who take the hard drug.

Maryo Jaxel Mabilehi; Rudepel Petrus Leo; Heryanto Amalo

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

The judge's decision is a vital aspect needed to resolve criminal cases. The judge's authority and power are so great in deciding cases that result in disparities in verdicts in cases where the weight of the crime is the same, namely cases of sexual violence against children. This research is an empirical juridical research, so the data sources used are primary data sources, secondary data sources and tertiary data sources. Primary data sources are obtained through the results of research in the field, secondary data is obtained through literature, laws, and other literature, and tertiary data is obtained through dictionaries, mass media, and the internet. The data were analyzed in a descriptive-qualitative manner. The results of the study show that: (1) the factors that cause the disparity in punishment for perpetrators of sexual violence are internal factors and external factors of judges. (2) efforts to overcome disparities in the verdicts of sexual violence crimes which include repressive efforts and preventive efforts.

Oktovianus Kelfin Tully; Jimmy Pello; Bhisa V. Wilhelmus

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

Fishing using toxic hazardous materials is a criminal offense of "illegal fishing", which violates the provisions of Law Number 45 of 2009 concerning Amendments to Law Number 31 of 2004 concerning Fisheries. This was also carried out by the Defendant with the initials JLLF based on the Decision of the Kupang District Court Class 1A with case number: 239/Pid.Sus/2020/PN Kpg. This research is a normative juridical research, so the data sources used are primary data sources, secondary data, and tertiary data. Primary data is obtained from several legal rules such as the Criminal Code (Criminal Code), Law Number 45 of 2009 concerning Fisheries and Court Decisions, secondary data is obtained from libraries, journals, and the internet, and tertiary data is obtained from dictionaries, wikipedia, and encyclopedias. The data were analyzed in a descriptive-qualitative manner. The results of this study show that (1) Criminal liability for fishing perpetrators using toxic hazardous materials in Article 84 paragraph (1) of Law of the Republic of Indonesia Number 45 of 2009 concerning Amendments to Law of the Republic of Indonesia Number 31 of 2004 concerning Fisheries is in accordance with the elements contained in the formulation of the article. (2) Basis for Judge's Consideration in the Request for Criminal Liability for the Crime of Fishing with Toxic Hazardous Materials in Decision Number: 239/Pid.Sus/2020/PN Kpg. Judging from the elements contained in the articles of indictment as well as aggravating and mitigating matters.

Dela Sari Day; Orpa G Manuain; Adrianus Djara Dima

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

This study aims to find out and analyze legal protection for patients in health services in Sabu Raijua Regency. This research is an empirical  research supported by  an empirical legal approach using primary data in the form of interviews with related parties and secondary data in the form of literature books, research journals, laws and regulations, the internet, dictionaries of articles or newspapers. which was obtained using interview methods and document studies and processed and analyzed in several stages, namely editing, data systematization, verification and interpretation and analyzed in a qualitative descriptive manner. The results of the study show that (1) Legal protection for patients in health services in Sabu Raijua Regency is contained in Law Number 17 of 2023 concerning Health, Law Number 73 of 1958 concerning Criminal Law Regulations for All Regions of the Republic of Indonesia and Amending the Criminal Code (KUHP), Law Number 1 of 2023 concerning the Criminal Code (KUHP),  Burgelijk wetboek voor innesie (Civil Code). (2) Implementation of Legal Protection for Patients in Health Services in Sabu Raijua Regency Although it has been protected, in reality there are still shortcomings, namely it has not been implemented.

Yuyun Windasari Ratuloli; Yossie Maria Yulianti Jacob

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

This study aims to find out and analyze the comparison of the position of children out of wedlock according to law number 1 of 1974 concerning marriage and Islamic law, community attitudes towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency. This research is a normative judicial research using primary data obtained by conducting interviews, secondary data obtained from information sources in the form of the internet, books and other written notes. This study focuses on discussing the position of children out of wedlock according to law number 1 of 1974 concerning marriage and Islamic law and community attitudes towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency. The results of the study show that (1) Children out of wedlock in Law Number 1 of 1974 concerning Marriage are divided into two, namely legal children and children out of wedlock. The position of illegitimate children in the view of Islamic Law contained in the Compupulation of Islamic Law where an illegitimate child only has a civil or nasab relationship with his mother and his mother's family. (2) The attitude of the community towards children out of wedlock in Lohayong Village, East Solor District, East Flores Regency is known that the cause of children out of wedlock is due to religious differences, irresponsible couples and underage factors.

Muhammad Maulana Nazril; Dicky Juliandi; Lisda Jumatul Hikmah; Nabela Nabela; Faizah Nazmah +1 more

Perspektif Administrasi Publik dan hukum 2024 Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

This article discusses the challenges in the implementation of human rights (HAM) law in Indonesia, despite the existence of a supportive legal framework. The objective of this research is to identify the main obstacles to human rights enforcement and offer solutions to enhance the protection of human rights in the country. The study employs the methods of library research and internet searching to gather data from various academic literature, articles, and relevant digital sources. The research findings indicate that key challenges include a repressive approach to security, a lack of public understanding and awareness about human rights, and legal uncertainty in the enforcement of human rights laws. The conclusion emphasizes the importance of improving human rights education, strengthening law enforcement institutions, and encouraging active public participation in democratic processes as strategic measures to enhance human rights implementation in Indonesia.

Maria Shevilla Putri Dewa; Kotan Yohanes Stefanus; Yohanes G. Tuba Helan

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This study aims to find out and analyze the Regulation of the Health Management System in Realizing Public Health at the dr. Hendrikus Fernandez Regional General Hospital, East Flores Regency. This research is a normative juridical research using secondary data consisting of primary legal materials and secondary legal materials collected through literature research in the form of books, laws, legal journals, research-related articles and several from internet sites and other reading sources. The collected legal materials are analyzed qualitatively juridically using a conceptual approach (Conceptual Approach) and a statutory approach (Statute Approach) based on laws that are relevant to theories, legal concepts and principles of problems. The results of this study show that: (1) From the aspect of health management regulation, the lack of support for health management which is the influence of performance is not good.  (2) From the aspect that is a factor that hinders the service, the poor arrangement makes the service not good so that there is a lack of satisfaction from the community. 

Margreth Thatcer Appah; Bhisa Vitus Wilhelmus; Darius Antonius Kian

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The ease of access and availability of online game s on the internet opens up new opportunities as well as challenges. This challenge arises because not all online games are suitable for people to play. Many online games contain negative elements, such as violence, hate speech, and pornography. The provisions in Law No. 1 of 2024 on the Second Amendment to Law No. 19 of 2016 on the Amendment to Law No. 11 of 2008 on Electronic Information and Transactions are the main basis for countermeasures in cyberspace. The type of research the author uses is Normative Legal Research (library research). This research is also called a document study conducted by examining library and secondary materials, especially written regulations or other legal products. The results show that the rapid growth of online gaming has led to serious problems such as the spread of hate speech, bullying, and pornographic content. The lack of clarity in regulations makes it difficult to enforce the law against criminals in the online gaming realm. To overcome this problem, collaboration between various parties is needed, with an emphasis on increasing the capacity of law enforcement, developing digital forensic technology, improving regulations, and increasing legal awareness among the public.

Sauzan Vidya Rastratama Mitra

Mahkamah : Jurnal Riset Ilmu Hukum 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

In today's era of globalization, cases of sexual violence against children are becoming more and more concerning, making parents have to be more vigilant in protecting their children. Children who often watch various pornographic or immoral shows will be easily motivated to practice what they see on their cellphone screens through the internet media, allowing violations of the norms that live in society and religious teachings, including sexual violence, the majority of whose victims are still children. This can be seen from the lack of filtering of the types of media that can be watched by children. Communication is one solution in preventing sexual violence against children. In addition to communication being established so that a family can be open and harmonious, in this case communication is very important for the role of parents to be able to provide protection to children through communication between the two so that parents can equip and protect children from crimes that lurk children. So parents need to communicate and monitor the actions taken by children in their daily lives, especially things that are attached to the child, especially cellphones, which are currently very close to children in the process of playing. So in this study, an in-depth analysis was carried out on the factors that caused acts of sexual violence committed by children in learning about one of the cases in Kapanewon Tanjungsari, Gunungkidul Regency.