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Dahlia Kusuma Dewi; Dio Prasetyo Budi; hafiza binti abdul samath

International Journal of Law and Civil Affairs 2024 International Forum of Researchers and Lecturers

Climate-induced migration is becoming an increasingly significant global issue, driven by environmental changes such as rising sea levels, extreme weather events, and resource scarcity. Despite its growing importance, current legal frameworks inadequately address the protection of climate migrants, leaving them vulnerable and without clear legal rights. This research aims to propose an integrated social-environmental justice framework to address the legal accountability for climate-induced migration, focusing on the recognition of migrant rights, state responsibilities, and environmental protection. The study uses a comparative legal analysis to examine legal systems across various countries and incorporates field data from climate-vulnerable coastal communities through interviews, surveys, and legal case reviews. The research finds that the proposed framework enhances migrant recognition and clarifies state responsibilities in 70% of reviewed legal cases, offering a more comprehensive solution compared to traditional environmental and human rights approaches. The framework's integration of legal, social, and environmental elements provides a holistic response to climate migration, emphasizing equity and sustainability. However, challenges such as political resistance, fragmented governance, and limited funding hinder full implementation. The study concludes by recommending that governments and international bodies adopt this framework and strengthen their commitment to legal protections and climate adaptation strategies for displaced populations. Further research should focus on refining legal frameworks, addressing implementation barriers, and expanding the scope of social-environmental justice to better support climate migrants.

Dewi Andhani; Winston Karunna; Emi Rachmawati; Amri Yusri; Pandji Santosa

The objective this study is to analyze the implementation of Bandung Barat Regency Regional Regulation No. 5 of 2018 about the Placement and Protection of Indonesian Migrant Workers (PMI) originating from Bandung Barat Regency referring to the Hill and Hupe's theory of Policy Implementation. This matters all the more since the migrant worker-related cases that garner the highest volume if not interest–like illegal, clandestine worker departures, back wages, and exploitation–reflect the lack of protection systems, the unmet obligation towards the respect of individual rights and human dignity. This qualitative case study reveals key factors influencing policy implementation — low levels of socialization and knowledge about the regulation among migrant workers, absence of inter-agency coordination and poor resources for monitoring and enforcement In addition, it builds upon the variables presented by Hill and Hupe in order to present a more integrated analysis of the implementation process of the policy. These results highlight failures in the system, including the lack of inter- agency cross country collaboration and low resource allocation toward the functions that protect PMI. In light of this, the study makes a range of recommendations including for better policy socialization, improved inter-agency coordination and enforcement, and strengthening resourcing and legal compliance capabilities. Practical implications This study advances the theory of public administration and provides practical insights for policymakers, particularly for strengthening the protection of Indonesian migrant workers in an effective manner.

Satriya Nugraha; Rengga Kusuma Putra; Aziz Widhi Nugroho; Retno Eko Mardani; Rosmawiah Rosmawiah

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

The spread of hoaxes through voice manipulation technology, such as voice changers, has become a significant issue in Indonesia in recent years. This technology allows perpetrators to manipulate someone's voice, which is then used to spread false information that can damage an individual's reputation, influence public opinion, and create social unrest. This study aims to analyze the legal aspects related to the misuse of voice changers in the spread of hoaxes, identify the challenges faced in law enforcement, and provide policy recommendations to improve legal protection for hoax victims. The methodology used in this research is normative legal research, with a normative approach focusing on the analysis of the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), as well as other relevant regulations. The results show that although Indonesia has a sufficient legal framework to address hoax cases involving voice changers, law enforcement still faces challenges in terms of identifying perpetrators, proving voice manipulation, and the lack of more specific regulations. Additionally, victims have the right to legal protection, including compensation and clarification of false information. This study recommends enhancing the capacity of law enforcement, strengthening regulations, and improving digital literacy among the public to address the challenges posed by this technology.

Dandy Saputro; Rosita Candrakirana

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

The practice of dentists in Indonesia is an important concern in the health care system, especially regarding consumer protection. Dentists often provide services that exceed the limits of their authority, potentially endangering public health. This article aims to analyze the urgency of legal protection for consumers of health services in dental practices based on a normative perspective and the implementation of applicable regulations. This research uses normative juridical methods with statutory, conceptual and case approaches. The research results show that even though there are regulations such as Law no. 8 of 1999 concerning Consumer Protection and Minister of Health Regulation no. 39 of 2014, implementation is still less effective. This is caused by weak supervision, minimal public knowledge regarding consumer rights, and non-compliance by some dentists with regulations. Therefore, it is necessary to strengthen regulations, increase supervision by the government, and educate the public to realize optimal legal protection for consumers of health services.

Lalu Guna Nugraha; Supanto Supanto; Erna Dyah Kusumawati

Proceeding of the International Conference on Law and Human Rights 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

This research aims to analyze the implementation of legal protection for citizenship rights of former transnational terrorist Indonesian citizens within Indonesia's legal system. Using normative juridical method with statutory and conceptual approaches, this study examines secondary data from primary, secondary, and tertiary legal materials. The results show that Indonesia's legal system has an adequate legal framework to protect the citizenship rights of former transnational terrorists, although its implementation faces various challenges. The deradicalization program and status verification mechanism implemented by the government have not been fully effective due to inter-institutional coordination constraints and community resistance. Additionally, the study identifies that citizenship status cannot be automatically revoked without proper legal process according to Law No. 12 of 2006 on Citizenship, as terrorist groups cannot be categorized as "foreign military" as specified in the law. This research contributes significantly to the development of returnee handling policies by balancing aspects of national security and human rights protection.

Satriya Nugraha; Rengga Kusuma Putra; Aziz Widhi Nugroho; Retno Eko Mardani; Rosmawiah Rosmawiah

The International Conference on Education, Social Sciences and Technology 2024 International Forum of Researchers and Lecturers

The spread of hoaxes through voice manipulation technology, such as voice changers, has become a significant issue in Indonesia in recent years. This technology allows perpetrators to manipulate someone's voice, which is then used to spread false information that can damage an individual's reputation, influence public opinion, and create social unrest. This study aims to analyze the legal aspects related to the misuse of voice changers in the spread of hoaxes, identify the challenges faced in law enforcement, and provide policy recommendations to improve legal protection for hoax victims. The methodology used in this research is normative legal research, with a normative approach focusing on the analysis of the Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP), as well as other relevant regulations. The results show that although Indonesia has a sufficient legal framework to address hoax cases involving voice changers, law enforcement still faces challenges in terms of identifying perpetrators, proving voice manipulation, and the lack of more specific regulations. Additionally, victims have the right to legal protection, including compensation and clarification of false information. This study recommends enhancing the capacity of law enforcement, strengthening regulations, and improving digital literacy among the public to address the challenges posed by this technology.

Suyanto R. Sumarta; Azis Budianto

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

This research aims to explore and reconstruct the legal protection policy for justice collaborators in corruption crimes in Indonesia. Although their existence is vital in combating corruption, many perpetrators are reluctant to come forward due to uncertainty in protection and the potential risks they face. Weaknesses in the existing policies, including a lack of transparency and adequate security guarantees, hinder perpetrators from collaborating with law enforcement. Therefore, this research identifies various challenges faced by justice collaborators and highlights the importance of comprehensive legal protection reform. This study offers recommendations for appropriate and effective legal protection efforts for justice collaborators in handling corruption cases. By analyzing protection practices in other countries and applying restorative justice principles, this research aims to provide solutions that not only protect justice collaborators but also enhance public trust in the justice system. It is hoped that the results of this research can contribute to formulating more effective and responsive policies to meet the protection needs of justice collaborators in Indonesia, encouraging more perpetrators to bravely come forward in the fight against corruption.

Saniah Saniah

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This study discusses domestic violence, especially against wives, after the issuance of Law No. 23 of 2004 concerning "Elimination of Domestic Violence.” This study aimed to determine the protection of wives as victims of domestic violence. The research method used was normative legal research, using primary, secondary, and tertiary legal materials. Library research was conducted to collect legal materials. The conclusion that can be put forward is that Law No. 23 of 2004 has normatively provided protection to victims or wives, but it is still not comprehensive, and there are still forms of protection that require more detailed explanation or description.

Dwi Mika Elencia Sirait; Ojak Nainggolan

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

Implementation of Law no. 35 of 2009 concerning Narcotics in Medan City is an important issue in the context of legal protection for children involved as narcotics dealers. This research aims to analyze how the narcotics law is applied in cases involving children, as well as things that are considered in the law enforcement process and how criminal proceedings are carried out in the juvenile criminal justice system. This research provides an in-depth understanding of the application of special regulations, namely Law no. 35 of 2009 concerning Narcotics, while still considering Law no. 11 of 2012 which regulates the Juvenile Criminal Justice System. This approach aims to ensure legal protection for children involved in narcotics crimes, so that the law can be applied fairly and protect children's rights. This research utilizes empirical juridical legal methods, where the main data is obtained through direct interviews with judges serving at the Special Class IA Medan District Court, thus enabling researchers to obtain relevant and in-depth perspectives regarding the application of this law in real practice in the judicial environment.

Jekson Kipli Lumban Toruan; Jinner Sidauruk

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

The rapid development of globalization today facilitates access to information circulating on social media, both positive and negative. This study examines the increasing cases of defamation in the digital age, focusing on legal protection aspects and rehabilitation efforts for victims. The purpose of this writing is to understand the role of the government and law enforcement authorities in addressing defamation offenses. Using a normative legal research method, it is concluded that: 1. To understand the forms of defamation offenses, 2. To determine the rights of victims of defamation. Protection and rehabilitation efforts for one's reputation are crucial in this era, considering the advancements in technology and the widespread occurrence of defamation.

Boy Nurdin; Wahyu Widodo; Daud Juristo Chiang

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Land issues in Indonesia show complex dynamics due to legal vacuum and legal loopholes in the applicable land law system. This condition is exacerbated by the weakness of implementing regulations of the UUPA which are unable to respond to developments in the era, thus opening up space for land mafia practices and overlapping development policies. This legal vacuum impacts violations of community rights to land, environmental degradation, and the failure to realize optimal legal protection. The study uses a normative legal approach based on secondary data from literature studies to analyze the urgent need for land law reform. The findings reveal the need for the land law system renewal to create stronger protection of community rights and ensure a sustainable development direction by environmental conditions.

Hendricus Andrianto; Setiyowati Setiyowati; Aniek Tyaswati Wiji Lestari

International Journal of Law, Crime and Justice 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

This research examined the rationale behind guardianship stipulations for minors and aspects of inheritance law in Indonesia, particularly concerning the inheritance of shares to children. Through an analysis of the Semarang District Court Decree Number 542/PDT.P/2023/PN.SMG, which stipulates that the petitioner, as the biological father of his children, must still obtain a legally valid and legitimate guardianship stipulation from the court. This study used a normative juridical method with a descriptive-analytical approach, aimed at understanding the legal considerations of judges in determining guardianship and its juridical implications on children's rights. The research findings indicate that court-determined guardianship is a crucial step in providing legal certainty and protecting children's rights in shared inheritance. The juridical implications of such stipulations include legitimizing the guardian's actions, oversight against abuse of power, protection of the child's assets, and management of shareholder rights in companies. This study concludes that court-determined guardianship is a critical instrument in ensuring legal protection for minors in the context of shared inheritance.

Iman Sejati Zendrato; Yasmirah Mandasari Saragih; Fauzan Fauzan

International Journal of Sociology and Law 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Legal protection is an effort made by the government to protect its citizens in accordance with legal regulations that aim to realize justice, legal certainty, and benefits. The application of law is a system that aims to regulate and protect every action or behavior that occurs within the scope of society with various norms and sanctions that are binding and coercive in order to prevent problems from occurring. Every person who commits a crime will certainly be held accountable in the form of sanctions for the violations committed. In this writing process, the normative legal research method or normative juridical method is used using a statutory approach, a conceptual approach, and a comparative approach. A crime in general can also be caused by actions or deeds that are not directly carried out with an element of intent in the form of protection or self-defense. Accountability for criminal acts on the basis of self-defense in this case can be justified as long as it meets the requirements and limitations according to legal provisions. Thus, self-defense efforts in the criminal act process cannot be punished if they meet the elements of self-protection because there is no way out, meet the unlawful nature, for the benefit of oneself, others and public order issues, and do not go against the norms that live in society.

Patricia Morisa Banfatin; Karolus Kopong Medan; Debi F.Ng. Fallo

Pemuliaan Keadilan 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

The development of artificial intelligence deepfake technology has opened up new opportunities in various fields to help speed up human work. However, on the other hand, this technology can also be misused to commit crimes. This research is a Normative Juridical research with a statutory approach and a conceptual approach, and examines the sources of legal materials according to the main problem, and uses prescriptive analysis techniques.The results of the study show: (1) The activity of using artificial intelligence deepfake technology that can cause cybercrime occurs due to attacks on the system, namely AI botnet attacks that have been infected by malicious software and Generative Adversarial Network attacks that have artificial neural networks that can produce data that is similar to the original data so that it is used as a means of committing crimes, and (2) Criminal law regulations in Indonesia regarding the misuse of artificial intelligence deepfake technology in committing cybercrime have not been regulated comprehensively, so that currently it is necessary to establish clear legal regulations in order to provide legal protection for every community.

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.    

Lingga Abi Rahman; Jeora Nitysa Aprily; Muhammad Faishal Fadhlurrahman; Nurul Nurul; Rani Komalasari +1 more

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

This article explores the mechanisms of supervision and legal protection within state administration. Ensuring legal protection for citizens is a vital aspect of governance in democratic nations. Laws serve as tools to regulate rights, obligations, and legal entities, enabling them to fulfill their duties and receive fair treatment. Additionally, the law functions as a protective framework for legal subjects. The legal relationship between the state and its citizens can be governed either by state administrative law or civil law, depending on the state's role and position in upholding the law. The government may act as a civil legal entity or a public official, subjecting its legal actions to either the Civil Code or state administrative law. Mechanisms for supervision and legal protection in state administration include embedded supervision, functional supervision, and external supervision. Furthermore, citizens are afforded legal protection through administrative law mechanisms such as administrative law provisions, administrative appeals, and administrative courts.

Umi Kalsum; Akbarizan Akbarizan

IJLS (International Journal of Law and Society) 2024 Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

One fundamental human need, which requires a highly specific solution, is the fulfillment of sexual desires, with marriage serving as its gateway. Therefore, a man who is already married may go to great lengths to marry again. Cross-border polygamous marriages involving Indonesian women and Malaysian men, conducted in Satun, Thailand, present a complex legal phenomenon. This study aims to analyze the implementation of laws governing such marriages under Indonesian, Malaysian, and Thai legal systems, as well as their impact on the legal status of the marriage, women's rights, and legal recognition in each country. The findings reveal that cross-border marriages often fail to fulfill registration procedures in the home country, rendering them legally unrecognized in Indonesia and Malaysia. In Thailand, Islamic law applied in Satun permits polygamy, but such recognition is local and does not automatically extend across national borders. This study recommends strengthening legal cooperation among countries to provide better legal protection for couples and related parties involved in cross-border marriages.    

Rinaldy Herchion Asanab; Rudepel Petrus Leo; Heryanto Amalo

Jurnal Hukum, Administrasi Publik, dan Ilmu Komunikasi 2024 Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Traffic accidents resulting in fatalities in Kupang City based on BPS Kupang City data series have increased in the period 2020-2022. In general, traffic regulations are regulated by Law No. 22 of 2009 on Road Traffic and Transportation. Victims who die due to road accidents have rights that must be fulfilled and passed on to their heirs. For this reason, legal protection of the rights of victims who die as a result of traffic accidents is necessary. This research uses empirical legal research, namely legal research that functions to examine how the law works in a community environment, in this case conducted at the Kupang District Court Class 1. Data collection techniques are carried out through interviews, observation and documentation and then analyzed descriptively and qualitatively. The results showed that: (1) The fulfillment of the rights of victims of death in cases of traffic accidents in Kupang City, is in accordance with applicable laws and regulations if through legal channels, while in practice are used more family channels, so that the rights of victims are neglected. (2) The ideal form of legal protection for victims of death in cases of traffic accidents in Kupang City is repressive, namely: a) criminal sanctions, b) compensation, and c) government compensation.

Alifia Devianty; Moh. Mukhsin

Jurnal Ekonomi dan Pembangunan Indonesia 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

Labeling halal is a way to provide information that helps consumers identify the halal status of products on their packaging. With this halal labeling, the product can be regarded as halal, offering assurance and legal protection in line with Islamic law. The aim of this study was to assess the impact of halal labeling on consumer purchasing decisions, using interest as an intervening variable for Moringa Sticks products. The sampling method employed in this study was Nonprobability Sampling, involving a total of 100 respondents. Several tests were conducted, including data instrument tests, classical assumption tests, path analysis, hypothesis testing, and concluded with the Sobel test. The findings of this study indicate that the halal labeling variable (X) and purchase intention (Z) as an intervening factor do not have a significant impact on purchasing decisions (Y) for the Moringa Stik product.

Nayla Azarine; Tesalonika David; Valsifa Utami

Pajak dan Manajemen Keuangan 2024 Asosiasi Riset Ekonomi dan Akuntansi Indonesia

This paper discusses the principle of bank secrecy as an important instrument in legal protection for customers, as well as its relevance in maintaining public trust in the banking sector in Indonesia. Based on the legal framework stipulated in Law Number 10 of 1998 concerning Banking and Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (PPSK), this study highlights the obligation of banks to protect customer data, including exceptional situations regulated by law. Normative legal research is used to analyze legal principles, laws and regulations, and related literature. The principle of bank secrecy is considered a pillar of customer trust and the main capital in the financial ecosystem. However, challenges arise when this principle conflicts with the interests of law enforcement, such as criminal investigations. The regulations strengthened by the PPSK Law provide a foundation for customer data protection while also regulating administrative and criminal sanctions for violations. On the other hand, the application of this principle also contributes to financial stability by increasing literacy and compliance with regulations. This paper recommends harmonization between the protection of customer privacy rights and the effectiveness of law enforcement to maintain the sustainability of trust in the banking sector.