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Dewi, Putri Maha; Kurniawan, Itok Dwi; Septiningsih, Ismawati

Jurnal Global Citizen : Jurnal Ilmiah Kajian Pendidikan Kewarganegaraan 2023 Prodi PPKn Universitas Slamet Riyadi

This article discusses the civil aspect in contract cases, which are used by many people in various business collaborations. This article uses a normative research method, and uses a statutory approach. The provisions limiting the authority to make this exoneration clause have not been explicitly regulated. The only provision is the UUPK, although it uses the term standard clause which turns out to be different in meaning from the exoneration clause. In this case the standard clause is defined as a clause made unilaterally by the business actor, but its contents may not lead to an exoneration clause. Meanwhile, the exoneration clause as explained earlier is a clause that contains an attempt to limit, or even completely eliminate, the responsibility that should be borne by one of the parties, in this case the business actor. Legal protection is to provide protection for human rights that are harmed by others and this protection is given to the community so that they can enjoy all the rights granted by law so that the achievement of business/economic development goals in Indonesia is achieved in accordance with the values ​​of justice of the Indonesian people.

Ali Mahsun; Anita Andriyani; Rudy Ananta; Novi Tri Hutomo

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2023 Asosiasi Periset Bahasa Sastra Indonesia

Managing IPR ownership of copyrighted products is very urgent to do. IPR is a form of legal protection, valuable assets, and the economic value contained therein for individuals and groups. Apart from that, it can increase competitiveness and expand market share in aspects of commercialized intellectual property. The aim of this PKM activity is to increase the understanding of KRENOVA Jombang District participants about the importance of IPR and at the same time provide assistance in managing IPR. This activity uses several service stages, namely activity preparation, PKM team coordination, implementation, and collecting and proposing IPR files. This activity resulted in the issuance of IPR certificates for participants and increased participants' understanding of IPR.

Amalia Chrissafa Z; Anya Fitriadila L. A; Kahfi Amani F; Renaldi Surya S

Publikasi Hasil Pengabdian dan Kegiatan Masyarakat 2023 Asosiasi Periset Bahasa Sastra Indonesia

Batik is one of Indonesia's traditional handicrafts which has high popularity and is a cultural heritage. Until now, batik has developed motifs taken from typical regional icons. One of them is splashed batik made by people with disabilities at the Sheltered Workshop Peduli Sambung Roso which is located in Desa Simbatan , Kabupaten Magetan. Splashed batik is a motif produced from brush splashes. The innovative idea of ​​splash batik was collaborated with cursed fish and bamboo motifs. Cursed fish is a typical icon of Simbatan Village and bamboo is a typical icon of Magetan Regency. The research methods carried out started from exploration, design and realization of the cursed fish and bamboo batik motif entitled "Harmony of Cursed Fish and Bamboo Splashes." The results of this research patented the Harmoni Sprinkling of Cursed Fish and Bamboo motif as a typical motif of Magetan Regency by submitting an IPR application to obtain legal protection from misuse or falsification of intellectual works by other parties.

P. Jefri Leo Chandra S; Adriana Grahani Firdausy

The International Conference on Education, Social Sciences and Technology 2023 International Forum of Researchers and Lecturers

This research aims to find out and examine the application of e-government in welcoming the era of the industrial revolution 4.0 which has recently been very influential in aspects of life in Indonesia. This is very interesting to study because during this transition period all countries and especially Indonesia have implemented the role of industry 4.0 in government components. The research method used in this research uses a type of normative legal research, with the research approaches used being a statutory approach and a case approach. The results of the first research analysis show that the development of the e-government system in Indonesia has begun to increase in quantity, but in terms of quality it is still inadequate because the implementation of e-government has not been evenly distributed throughout the region and it still only functions as a provider of static information. Second, there are fundamental obstacles in the implementation of e-government. -government in the industrial revolution 4.0 is at the regional government level, including; the initiative and meaning of e-government implementation by autonomous regional governments is still individual; implementation via the regional website is not yet supported by an effective management system and work processes due to the readiness of regulations, procedures and limited human resources; Many local governments identify the implementation of e-government as simply creating a local government website (web presence). Third, the projection of e-government in the future, whether the industrial revolution 4.0 is still ongoing or in the future after undergoing regeneration, must have the best formulation, including: ( 1) Good legal regulatory order and legal protection. (2) The government is proclaiming education, especially in the IT sector, as the formation of qualified human resources from now on. (3) Adequate infrastructure and availability of access media. (4) Formation of good character and work ethic for human resources for government officials. (5) Changing the mindset of the apparatus to become a disruptive mindset of the apparatus in Indonesia. (6) The industrial revolution 4.0 is based on a mental revolution. (7) Creating reliable Intrepreneurial Leadership. (8) Strengthening religious education.

Bonaraja Purba; Riky Aulia Rachman Marpaung; Dicky Effendi; Rizky Fadly

Jurnal Ekonomi dan Keuangan Islam 2023 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This research aims to examine and analyze the legal protection given to investors in buying and selling shares in the capital market from an Islamic perspective. The research methodology used is descriptive analysis, which involves comprehensive data collection regarding the characteristics of a particular situation or symptom that contributes to strengthening the theory of Islamic capital markets. In this case, the author uses a document or literature study as a legal material collection technique, by reviewing the literature related to the research topic. This approach aims to obtain secondary data from sources such as the Quran, hadith, MUI fatwa, and relevant laws and regulations, especially Law No. 8 of 1995 concerning Capital Markets. The findings of this study reveal that the legal protection of investors in buying and selling activities in the capital market in an Islamic perspective is based on the principles of transparency and openness, the existence of a Sharia Supervisory Board (DPS), sharia audits, dispute resolution mechanisms, and the prohibition of ribawi practices or usury-based transactions.

Aprillyzegha, Yashica Nedhypraha

DINAMIKA HUKUM 2023 Universitas Stikubank

Judicial practice in dealing with cases of criminal acts of trafficking in persons in Decision No. 48/Pid. Sus/2021/PN Crb. and Decision No. 49/Pid. Sus/2021/PN Crb. As is known, the panel of judges delivered their decisions in two decisions of the Cirebon District Court, namely Decision Number 48/Pid.Sus/2021/PN. Cirebon and Decision No. 49/Pid.Sus/2021/PN. Cirebon, which show the lack of justice and legal protection for victims of human trafficking in Indonesia. In fact, Indonesia is a sovereign country that is obliged to protect its citizens by the Constitution of the Republic of Indonesia. Victims of the crime of trafficking in persons receive a form of legal protection not only in the form of criminal sanctions against the perpetrators of Law No. 21 of 2007, but must also receive protection, prevention, and eradication of means or forms of institutions for the crime of trafficking in persons.

Ardhanariswari, Anggi; Setyadi, Hudha Bagus

DINAMIKA HUKUM 2023 Universitas Stikubank

The updated category in the ASN Law, namely Government Employees with Work Agreements, is a matter of controversy, especially on the issue of Termination of Employment (PHK). Which in this case raises aspects that are confronted starting from the professionalism of work to how the legal protection covers it. In this article, we will discuss the position of government employees with work agreements, what kind of legal protection covers PPPK in the event of termination of employment, and what legal steps can be taken to object to layoffs. In accordance with the description of the background and discussion, it can be concluded that the position of the PPPK as an employee of the State Civil Apparatus who is appointed as a Personnel Supervisor Officer according to the needs of government agencies who also have almost the same rights as civil servants. However, PPPK's legal protection is still in the development stage, so there is a need for further improvement and development to increase legal protection for PPPK and ensure that their rights are optimally protected. This is in line with PPPK's status which is still contractual so that its rights are not as strong as those of permanent civil servants. Therefore, efforts are needed to strengthen legal protection for PPPK in order to improve the welfare and work stability of PPPK and improve the quality of public services. One effort that can be done is to provide clearer job security guarantees for PPPK, as well as provide equal legal protection to permanent civil servants. With legal certainty that guarantees and optimizes this, of course this is also in line with good governance.

Nikmah Dalimunthe; Ariyadi Ariyadi; Agung Setia; Dwi Nur Annisa; Indah Khuzaimah +4 more

Jurnal Manajemen Riset Inovasi 2023 Pusat Riset dan Inovasi Nasional

Given the wage disparity and perceived injustice experienced by both permanent and contract workers, it is necessary to conduct a study on legal protection regarding wages for the well-being of laborers. Therefore, this research aims to examine the role of labor protection policies, including social security for workers, fair wages, and the protection of labor rights, in promoting labor welfare. This study utilizes a qualitative method, which involves describing data and organizing it into various sentences. Additionally, a descriptive method is employed, where data is derived from words, sentences, images, and information from various books, journals, and other scholarly works that serve as references for labor protection and worker well-being. The findings of the discussion indicate that labor protection in the form of social security, fair wages, and labor rights plays a significant role in improving labor welfare.

Christina Febri Silalahi; Esa Nur Hakam; Goldman Mediyana; Nabiella Putri Nastiti; Herli Antoni

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This study aims to reinforce the implementation of material and formal law in a crime of sexual violence, in terms of granting restitution from the perpetrator to the victim for his actions, providing legal protection and utilizing criminal law in the trap of a crime of sexual violence. Restitution as referred to in this study is the provision of material from the perpetrator to the victim for his crime because he committed sexual violence which caused the victim to experience physical and psychological suffering, to restore the condition and condition of the victim after the crime, the perpetrator must provide restitution to the victim, the amount of restitution determined by court ruling. In protecting victims of sexual violence to avoid all forms of threats and intimidation, Indonesia has institutions to carry out their obligations. Namely, through the Witness and Victim Protection Agency whose duties, functions and authorities have been granted in accordance with the law. This aims to protect victims who are very vulnerable to all forms of threats and intimidation. Legal protection was also given before the crime occurred, namely by Law no. 12 of 2022 concerning Crimes of Sexual Violence, Law no. 35 of 2014 concerning Amendments to Law no. 23 of 2002 concerning Child Protection, and Law no. 23 of 2004 concerning the Elimination of Domestic Violence. Someone who commits a crime of sexual violence will receive legal consequences, in the form of imprisonment, fines, and restitution to the victim, the amount of which is determined by the court. However, if restitution is insufficient, the State is obliged to provide compensation to the victim for the lack of restitution given to the victim.

Ranti Rafika Dewi; Pendi Hasibuan; Arsal Arsal; Edi Rosman

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The author's reason for raising this issue into a scientific work in the form of a thesis is because there are differences of opinion among judges at the Padang Panjang Religious Court regarding the itsbat of marriage for underage marriages in determining number 4/Pdt.P/2022/PA.PP which is the woman's party. when he got married he was 16 years old. First, the marriage certificate must be rejected because it has violated the law on marriage registration and the minimum age for marriage is 19 years. Second, the itsbat of marriage can be accepted on the grounds that it is mashlahah murslahah. How does the mashlahah mursalah analysis of this determination be explored by the author in this study. The author gives limitations on the problem regarding the legal considerations of the Panel of Judges regarding Determination Number 4/Pdt.P/2022/PA.PP and the analysis of mashlahah mursalah in determining number 4/Pdt.P/2022/PA.PP regarding itsbat marriage for underage marriages. This research is an analytical descriptive research by conducting an analysis of the determination of judges in the case of itsbat marriage for underage marriages, the research uses a normative juridical research type. This is because this legal research aims to examine legal principles, using qualitative data, namely data presented in the form of verbal words, not in the form of numbers. Primary data sources were obtained from Decree Number 4/Pdt.P/2022/PA.PP, Law Number 1 of 1974 concerning marriage and the Compilation of Islamic Law. In collecting data, it is done by taking inventory of data, classifying data, and then analyzing it by conducting a study of cases related to the issues faced in the determination of number 4/Pdt.P/2022/PA.PP and the laws and regulations using maslahah mursalah to then draw conclusions from the results of the analysis. From the results of the research that the authors conducted, it was found that: First, the basis for the legal considerations of the Panel of Judges in granting the application for itsbat marriage for underage marriages contained in the stipulation Number 4/Pdt.P/2022/PA.PP is Article 8 Law Number 1 of 1974 concerning the prohibition of marriage between two people who are related by blood, are related to semenda and are related to breastfeeding. Article 14 KHI regarding the pillars of marriage, namely the existence of a prospective husband, prospective wife, marriage guardian, two witnesses and consent and qabul. And for the benefit of the parties and the child, this is also in accordance with the rules of fiqh which reads "rejecting adversity must take precedence over taking benefit". Second, the legal considerations of the panel of judges in determining Number 4/Pdt.P/2022/PA.PP found mashlahah mursalah because by granting the itsbat of marriage for underage marriages, the couple can register their marriage at the Office of Religious Affairs because marriage registration aims to realize The purpose of law is for society to create order, certainty and legal protection, so that the civil rights of husbands, wives and children can be fulfilled.

Farid Hardianysah

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Developments in guarantee law always evolve over time. The law of guarantees is very closely related to the implementation of credit, lending and borrowing or as repayment of debts between creditors and debtors. In its legal aspect, control over objects that serve as collateral for a debt gives birth to material rights that provide privileges to creditors in the event that the debtor is unable to pay obligations while at the same time providing legal protection to creditors in carrying out their debts. Law Number 42 of 1992 concerning Fiduciary Guarantees provides a legal basis regarding the implementation of guarantees as guarantees for repayment of debts from debtors. The enactment of the law regarding fiduciary guarantees is expected to provide proportionality between debtors and creditors. In its development, the implementation of execution in the context of fiduciary guarantee law through the Constitutional Court Decision Number 2/PUU-XIX/2021 which is a form of explanation as well as confirmation of the Constitutional Court Decision 18/PUU-XVII/2019 regarding the application of execution of fiduciary guarantees has had legal implications in society . Based on the Constitutional Court's decision which created a new norm in the context of executing fiduciary guarantees, it directly changes the procedures and conditions that must be met for the execution of parate execution by creditors in the event that the debtor acknowledges default and voluntarily surrenders the object of fiduciary collateral so that it is expected can realize the principles of legal certainty, justice and benefit within the framework of the principle of proportionality between debtors and creditors in the practice of Fiduciary Guarantees.

Sri Purwanti Budi Utami; Anggraeni Endah Kusumaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This study is entitled "Legal Protection of Children as Criminal Actors. Nowadays there are often criminal acts committed by children. The problem in this study is the legal protection for children as perpetrators of crime in accordance with the juvenile criminal justice system in Indonesia and its implementation in the Merauke region. The research method used is a juridical-empirical legal research method with a fact and legislation approach. The existing law is used as a guideline about what people should and should not do and see the phenomena that occur in the field. The forms of protection provided to children in conflict with the law are based on Law no. 11 of 2012 concerning the Child Criminal Justice System, which provides protection to children in the stages of arrest and detention, investigation, prosecution, trial and coaching, and through the application of diversion. The conclusion of this study is that children as perpetrators of torture must be treated humanely, accompanied, provided with special facilities and infrastructure as well as sanctions given to children in accordance with the principle of the child's best interests.

Conita Aulia Wijayanti

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

At the beginning of 2020 the world was shocked by a new virus thought to have originated from Wuhan, China. named 2019 Novel Corona virus. The World Health Organization (WHO) names the new virus as corona virus disease 2019 (Covid-19), that health workers, both doctors, nurses and hospital administration staff, need legal protection from the government. Health workers are willing to devote themselves to serving public health and even sacrifice their lives and those of their families to tackle the spread of Covid-19. The formulation of the problem in this study is How is legal protection for health workers and the Covid-19 acceleration task force? and How is the form of guidance and supervision of the implementation of Covid-19 prevention services, the method used is a normative juridical approach. The work safety of health workers due to the Covid-19 pandemic has not been carried out properly as mandated in laws and regulations, in the implementation of the rights of health workers During the Covid-19 pandemic, it is still neglected and has not been fulfilled. Therefore, the role and responsibility of the government is needed to fulfill the rights of health workers as the frontline.

Santy Febryaningsih

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

   Health workers are noble jobs and professions that are at the forefront in dealing with health problems, especially in the midst of the COVID-19 pandemic crisis. Health workers have to sacrifice their lives to protect the community from the spread of the covid-19 pandemic, health workers are also worried about the covid-19 pandemic, especially many health workers who are exposed to Covid-19 and the death of health workers, especially doctors and nurses. The implementation of safety and health for health workers aims to provide protection for health workers to be healthy, safe, productive, and avoid work accidents and occupational diseases. This research is focused on positive legal policies in Indonesia that regulate legal protection for the right to work safety for health workers who deal with the COVID-19 outbreak. The legal research used is normative legal research, the results of the study show that legal protection and fulfillment of the right to work safety for health workers who deal with the covid-19 pandemic outbreak are regulated in Indonesian laws.  

Martvina Sapii; Sumiyati Beddu; Rafika Nur

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research focuses on implementation, benefits, and to find out the problems faced in the treatment of inmates with deviant sexual behavior. This study raises the issue of how legal protection is given to victims of inmates with deviant sexual behavior in Class IIA Gorontalo Correctional Institutions and what are the obstacles faced by correctional officers in providing legal protection to victims of inmates with deviant sexual behavior. This study used interview and observation research methods, which described the treatment of inmates with deviant sexual behavior, then analyzed and concluded using a qualitative approach. Based on the analysis, it was found that the treatment of inmates with deviant sexual behavior was considered very necessary. Inmates with deviant sexual behavior have characteristics that are unique and different from other inmates in general. In general, inmates with deviant sexual behavior scattered in prisons throughout Indonesia are men who look like women or who like the same sex. Inmates with deviant sexual behavior are very vulnerable to bad treatment by other inmates, and can also have a negative influence on other inmates. Special treatment for inmates with deviant sexual behavior is deemed necessary, starting from placement in individual blocks to special coaching. There are obstacles encountered in its implementation, including the procurement of individual blocks of inmates with deviant sexual behavior and the understanding of Correctional Officers about the problems and deviations that will be caused by the presence of inmates with deviant sexual behavior in correctional institutions.

Syefi Putri Amanda; Anajeng Esri Edhi Mahanani

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The Industrial Revolution 4.0 encourages everyone to do routines quickly, easily, and efficiently, activity carried out online that only uses gadgets and networks that may be done anywhere. One example of the application of the industrial revolution 4.0 is the emergence of e-commerce which is also accompanied by the emergence of a term called Marketplace. Marketplace is a market where sellers and buyers meet which there are many products and various kinds of stores, only done online and online. Only with gadgets, ordered goods have been received and delivered by shipping services (expeditions). But with this, it does not rule out the possibility that unpleasant things do not happen such as damage or even loss of ordered goods. With this, this study aims to determine the form of legal protection and legal remedies provided to overcome these problems. This research uses normative research methods through principles, legal rules, etc    

Atha Raihan Azayaka; Eko Wahyudi

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

This research was conducted with the aim of knowing legal protection for consumers for skincare products without a marketing authorization that are sold online. This study uses normative juridical research methods, namely using data collection techniques through library research or using secondary data. Among them are official documents, books, research results, in the form of reports. In this study, it was concluded that consumers who have experienced losses as a result of skincare products without marketing authorization can take legal action through the courts or outside the courts. However, this legal protection is still underutilized by consumers in the event of a problem, so that the UUPK becomes less effective, because compensation is given within seven days after the transaction. If this provision is maintained, it will be difficult for consumers who experience losses to obtain protection. This is because the negative effects of using skincare can occur after seven days.

Zainudin Hasan; Alika Firly; Adelia Putri Utami; Diah Eka Sari

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

Domestic violence violates women's human rights. The form of violence that occurs in women is physical violence including assault, beating, and actions that physically injure the victim. Meanwhile, non-physical violence is an act that is detrimental to the victim from a psychological perspective, such as threats, insults, neglect and forms of violence that result in psychological disorders of the victim. In disclosing the existence of criminal acts of violence is the most difficult part for the authorities, because there are perspectives and risks that arise as a result of reports of acts of violence experienced by women. Women have the right to complain about illegal acts and receive protection under Law no. 23 of 2004 concerning the Elimination of Domestic Violence (UU PKDRT), which allows for the settlement of cases of violence against women through the courts.

Hardi Fardiansyah; Rio Christiawan; Tuti Widyaningrum

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

The lowest echelons of society have been affected by the global spread of the coronavirus epidemic, which has infected people from all walks of life and altered regional lives and cultural practices. In addition to causing a recession in the national economy, this issue has also decreased peoples' purchasing power and ability to withstand the rising cost of living.This study outlines the efforts made by the Bandung Regency government to provide good guarantees for street children through preventive measures, financial education assistance, fostering enthusiasm and shelter supervision, developing regulations and policies, and providing freedom of choice for street children in the medium term through playing, direct support, approaches to tackling social issues, and suggestions for revenue management. the enhancement of human resources, research into the growth of street children, and evaluation of good street child conduct are all attempts to better society.The problem is that because of spiritual issues, many of them try to escape and destroy necessities of life. Despite having a sizable state budget, it is impossible to employ street children in suitable jobs. Additionally, there is still a dearth of assistance and backing from many organizations.

Sugih Ayu Pratitis; Rehulina Rehulina

JURNAL HUKUM, POLITIK DAN ILMU SOSIAL 2023 Pusat Riset dan Inovasi Nasional

. A marriage is an agreement based on personal voluntary agreement between a man and a woman to become husband and wife. In Indonesia, the contract or agreement is called a marriage contract (nuptial agreement or marriage). Pre-nuptial agreement is an agreement made by the prospective bride and groom before the marriage takes place so that it becomes a legal couple. Properly the contract The prenuptial agreement is also binding on both the bride and groom and contains issues of dividing the assets of the two parties or relating to the personal assets of both parties so that they can be separated, if one day there is a separation. An agreement is an event where a person promises to another person or where two people promise each other to do something. When compared to an engagement with an agreement, apart from the agreement being a source of engagement other than the law, the engagement is also an understanding that is still abstract, because the parties are said to carry out something, while the agreement is already a concrete understanding, because the parties are said to carry out something certain events. This research is a type of legal research that uses a normative juridical approach. The implementation of the marriage agreement so that the agreement is valid in the eyes of the law, the agreement must be made authentically before a notary. The prenuptial agreement is made for the benefit of legal protection of each other's innate assets, namely the property of the prospective husband or the property of the prospective wife. By making a Pre-Marriage Agreement, it will provide a sense of security to the prospective husband and wife in carrying out their household ark. Prenuptial agreements are made to confirm assets, rights of husband/wife, obligations of husband/wife and responsibilities of each party.