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Dwi Agiyanti; Muhammad Zaki Fadhilan Burhanudin; Nanda Reisya Violetta; Rai Thoriq Azhar; Rakha Farrasya Nurzaky +1 more

Jurnal Bahasa, Sastra, Budaya, dan Pengajarannya 2023 Pusat Riset dan Inovasi Nasional

In the era of globalization, the views of Indonesian people towards the rise of the LGBT phenomenon have become complex, considering that Indonesia is thick with religious and cultural values. Although the country adheres to human rights principles, an understanding of religious norms is often a filter for views on sexual diversity. Especially among the younger generation, there is significant disagreement on whether the rise of LGBT is in accordance with the ideals of Pancasila as the basis of the state. On the one hand, there are groups that support LGBT rights as a form of respect for human rights, while on the other hand, there are concerns that this phenomenon is not in line with the values of Pancasila which emphasizes unity and unity in diversity. Further research needs to be done to understand more deeply how the views of Indonesian people, especially the younger generation, towards the LGBT phenomenon in the context of the globalization era.  The purpose of this study is to examine more deeply and describe the community's views on the current rise of LGBT which can trigger the destruction of the morals of the Indonesian nation. The theory used in this study is the theory of people's views through observations by interviewing several communities and conducting online surveys.  

Syarifah Fatimah; Mochammad Mirza; Alamsyah Alamsyah; Ari Suseno

Harmoni: Jurnal Ilmu Komunikasi dan Sosial 2023 International Forum of Researchers and Lecturers

 Triartha Cipta Mandiri is a company that operates as a housing developer. PT. Triartha Cipta Mandiri (which is shortened to PT. TCM) moves side by side with PT. Rico Cipta Mandiri is located at Ruko Tangerang City Business Park, D/8, Jl. Raya Jendral Sudirman, Banten. Director of PT. Triartha Cipta Mandiri is Mr. Hamsir Siregar, S.H., M.H. PT. Triartha Cipta Mandiri has been established for 10 years with a Deed of Company Establishment from the Tangerang Regency Notary, Mr. Deni Nugraha, S.E., S.H., M.Kn. dated 25-09-2013 and has received approval from the Minister of Law and Human Rights of the Republic of Indonesia, as stated in his Decree dated 27-09-2013 Number: AHU-50281.AH.01.01 TAHUN 2013. So far, PT. Triartha Cipta Mandiri is expanding its wings in the field of selling subsidized houses. The name of the housing developed by PT. Triartha Cipta Mandiri is Granada Rajeg City which is located in Rajeg District, Tangerang Regency, Banten. Houses that sells by PT. Triartha Cipta Mandiri is a subsidized house by the government with a price of Rp. 168,000,000,- and the houses’ building area of ​​30 M2 and a land area of ​​60 M2. Inside the house there are 2 bedrooms and 1 bathroom. Houses marketing is carried out by deploying several marketing agents. Other than that, to carry out sales and purchases that have been agreed with consumers, PT. Triartha Cipta Mandiri entered into a credit agreement at Bank BTN Syariah. During 2023, house sales have reached 74 houses.

Sudirwan Sudirwan

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

Unregistered marriage (nikah sirri) is a phenomenon that has attracted the attention of many, both from the perspective of Islamic law and positive law in Indonesia. This study aims to critically examine nikah sirri, including its definition, legal basis, and the social impacts it causes. Using a qualitative approach, this research collects data from various sources, including legal literature, interviews, and case studies. The results show that although nikah sirri is recognized under Islamic law, its practice often conflicts with the state's legal protection and can have negative consequences, especially for women and children. The issue of nikah sirri is complex as it involves two different legal domains—religious law and state law. On the one hand, nikah sirri may be considered valid according to Islamic principles if it fulfills the requirements and pillars of marriage. On the other hand, since it is not recorded in the state’s administrative system, it raises several legal and social issues, particularly regarding the protection of women's and children's rights. Therefore, a well-structured problem formulation is needed to thoroughly explore the conflicts and gaps between Islamic law and positive law in addressing the practice of nikah sirri.

Siti Nurkhalifah; Leicha Yarra Fakhirotunnisa; Yulia Hesti

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

The authority of the notary in carrying out the duties as well as the office of a notary. In article 1, paragraph (1) of Act No. 30 of 2004 on the Office of Notaries, notaries are public officials authorized to make authentic acts and other authorities as referred to in this Act. One of the notary's powers is to make authentic acts. The acts made by the notary, for example, the appointment of a limited company (PT), changes and public records of shareholders, founding of foundations, establishment of materials of other enterprises, authority to sell, lease agreement, sale agreements, declaration of inheritance rights, wills, establishing of CV including its modifications, recognition of debt, credit agreements and granting of liability, cooperation agreements, employment contracts, all forms of agreements not excluded to other officials, therefore the act relating to the agreement of absolute cooperation is authority by the Notary to make such an authentic act. This is what can be investigated about the notary's authority in authentication. This research uses the method of normative legal research, normative law research is an approach that is applied to discussing research issues through the statue approach, the analytical and conceptual approach and the comparative approach. (Comparative Approach). From the results of the research can be drawn the conclusion that a particular act is judged as a criminal act based on the result of a normative consideration of several judges decisions.

Eugenius Darwianto Sardita Putra; Yohanes Pedro Haju Leton; Stefanus Don Rade

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Engaging in warfare that encompasses cultural intricacies is far more deadly due to its repetitive nature and glorified heritage. Similar sentiments also apply to duels in the Adonara-East Flores-East Nusa Tenggara islands which are even more severe and magnificent because they are also considered heritage. Adonara is a small island with a long history of war crimes. Island communities generally consider conflict as a way to resolve problems, especially those related to women's issues and territorial/land disputes.  

Muhamad Nur Rifaldi Rachman; Nirwan Junus; Julius T. Mandjo

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out what child custody rights are like after parents' divorce in the Gorontalo Religious Court and what the legal consequences are for child custody after parents' divorce. The method used in this research uses a normative type of research. This research uses a comparative approach (Comparative Approach) and a fact approach (The Factapproach). The results of this research found that divorce between husband and wife has a big impact, especially on child custody rights after parental divorce with an approach from the perspective of Islamic law and the Constitution. Law Number 1 of 1974 concerning Marriage. The Gorontalo Religious Court's decision regarding child custody is also a supporting factor, highlighting the best interests of the child as the main priority. Interviews with Gorontalo Religious Court Judges show that the court's adaptation to modern family dynamics and the involvement of children in the decision-making process is in the spotlight. In concrete cases, the research describes two decisions related to child custody, highlighting the importance of considering casuistry and the best interests of the child in making custody decisions. This research seeks to provide a holistic and sensitive picture of the complexity of child custody cases with a focus on child welfare as the main priority. Divorce between husband and wife raises responsibilities that must be maintained, especially regarding children's rights. In line with Law Number 23 of 2002 concerning Child Protection, parents have primary obligations, including caring for, nurturing, educating and protecting children. This thesis explains that after divorce, children become direct victims by being separated from their parents. Child care, especially the cost of the hadhanah, is the father's responsibility according to the Compilation of Islamic Law Article 156 letter d. However, if parents do not fulfill their obligations, child custody rights can be revoked at the request or coercion of the court

Madha Wijaya Hastabrata; Siti Munawaroh Septyningrum

Jurnal Begawan Hukum (JBH) 2023 Lembaga Pengabdian Masyarakat Universitas Ichsan Gorontalo

Customary inheritance law is customary law that regulates the system of inheritance procedures. There are 3 (three) customary inheritance systems in Indonesia, namely the individual inheritance system, the collective inheritance system and the majorate inheritance system. Meanwhile, there are 4 (four) kinds of kinship systems in Indonesia, namely patrilineal, matrilineal, bilateral or parental and alternate kinship systems. Balinese people adhere to the patrilineal kinship system, which is based on descent from the male side. This means that in Balinese society, the male child is Bali, and the position and rights of men are higher than the rights and position of women. In Balinese society, girls have the right to enjoy inheritance as long as they perform their dharma.  The limited right of girls to receive inheritance led to emancipation which demanded that girls get the same inheritance rights as boys. During the Indonesian government, the protection of women's inheritance rights in Bali was further strengthened by various laws and regulations issued by the government. However, there are also factors inhibiting the protection of women's inheritance rights in Bali, namely the strong influence of patriarchal culture in Balinese society and adhering to Balinese customary law which gives greater inheritance rights to men.

Marcellino Meidy, Salvatore

Copyright is a crucial part of Intellectual Property Rights (can be called IPR). It is an exclusive right of the creator which arises automatically based on declarative principles after a creation is realized in real form. In this case, Dhani Ahmad Prasetyo or more familiarly known as Ahmad Dhani, is the leader of the Dewa 19 music band, which is one of the legendary bands in Indonesia. Since Ahmad Dhani's creative work is one of the souls of the music scene in Indonesia, he forbids anyone from being a professional singer to perform his work for conventional needs. This is also in force to the former vocalist of Dewa 19, namely Once Mekel. He officially pursues a solo career who often performs Dewa 19 songs for commercial purposes without giving royalties. This is a violation of the copyright of a song and must be fulfilled by royalties towards the creator of the original musical work, namely Ahmad Dhani as the creator of the work. The research method in this study used descriptive-analytic research with normative juridical methods. Copyright is regulated in Law Number 28 of 2014 concerning Copyright. Commercial use of copyrighted works without permission will be subject to sanctions in accordance with the provisions of Article 113 paragraph (2) of Law No. 28 of 2014, with a maximum imprisonment of 3 (three) years and/or a maximum fine of IDR 500.000.000 (five hundred million rupiah)

Deni Iskandar; Nurul Amalia; Muhammad Misbakul Munir

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research explores the Specific Time Work Agreement (PKWT) between workers and PT. Astra Autoparts. Using qualitative methods and a normative juridical approach, this research not only refers to regulations and related literature, but also involves observations and interviews with HRD and contract workers at the company. From an Islamic legal perspective, research emphasizes that PKWT must fulfill the principles of justice, equality and protection of workers' rights. The concept of "fair" (‘adl) is in focus, where respect for workers' rights and prevention of exploitation are key. It is hoped that the PKWT is in accordance with Law No. 6/2023 to create a fair work environment. The research results show that PT. Astra Otoparts has implemented PKWT in accordance with Government Regulation Number 35 of 2021 and Law no. 6/2023 concerning Job Creation. However, there are obstacles such as incompatibility of worker qualifications, lack of understanding of work contracts, lack of understanding of labor laws, and lack of understanding of government regulations regarding PKWT. Therefore, efforts are needed to increase understanding and conformity in the implementation of PKWT in order to create a fairer work environment.

Jim Hidayah Wahid; Eka Saputra

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

Industrial Relations is a system of relationships that exists between actors in the process of producing goods and/or services, including entrepreneurs, workers/laborers, and the government. This system is based on the values of Pancasila and the 1945 Constitution of the Republic of Indonesia. In relation to industrial relations issues in Indonesia, the ILO Convention plays a very important role in creating harmonious, dynamic and fair industrial relations. The ILO Declaration on fundamental principles and employment rights is a manifestation of the sincere commitment of the ILO and its member countries to respect, enhance and implement the principles and fundamental rights contained in the eight ILO Core Conventions. These rights include freedom of association for employers and workers as well as the right to collective bargaining. Indonesia has ratified all eight ILO Core Conventions and is committed to realizing these standards in its laws and practices. With this aim, Indonesia hopes to maintain conducive industrial relations in Indonesia.

Dina Andiza; Siti Nurhayati

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

Intellectual Property Rights (IPR) are rights to property that arise and are born from human intellectual abilities. Whereas Communal Intellectual Property (KIK) is the result of copyrights, works, and cultural traditions that have been passed down from generation to generation by a group of people. Communal Intellectual Property includes Traditional Knowledge (PT), Traditional Cultural Expressions (EBT), Genetic Resources (SDGs), and Geographical Indications (GI). The purpose of this study is to study of Intellectual Property Rights in Indonesia and to determine the role of the Regional Government in protecting and guaranteeing the Communal Intellectual Property of the Batak Toba ethnicity. This type of thesis research uses normative legal research with a qualitative approach method, the research method used, namely Library Research, with data collection techniques using Secondary Data which is divided into Primary Legal Materials, Secondary Legal Materials and Tertiary Legal Materials. The efforts to know about the Batak Toba KIK are based on a statutory regulation, namely Law Number 28 of 2014 concerning Copyright and the efforts of the Regional Government to protect and develop the Batak Toba KIK by registering it with the Directorate General of Intellectual Property (DJKI). Suggestions from researchers are that Batak Toba KIK can be protected by establishing separate KIK laws and regulations, forming a KIK handling group in the midst of society and changing the concept of Batak Toba people's thinking about preserving and protecting Batak Toba ethnic KIK

Elza Savira C.Z.; Putri Tamara Maukura

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to find out about the position of inheritance rights for Balinese women who have changed religions based on the case study of Cassation Decision Number 2826 K/Pdt/2017. The background of the research, that the biological daughter of the heir who has converted to religion demands her right to be made an heir, where as it is well known that Balinese society has a patrilineal kinship system (purusa), which means that the heir will fall to the son. This type of research is normative legal research with the approach applied in this normative legal research is a conceptual approach and a case approach. The results of the analysis of the research, the Decree of the Main Assembly of Pakraman Village Bali in 2010 Number: 01/Kep/Psm-3/X/2010 regarding the Results of Pesamuhan Agung III MUDP Bali which states that Balinese women receive half of the purusa inheritance rights after deducting 1/3 for heirlooms and preservation interests. However, this does not apply to Balinese women who have converted (from Hinduism to other religions). This is because as heirs who follow Balinese inheritance law, heirs must have the responsibility to take care of all the obligations of their ancestors both in terms of religious obligations and maintenance of shrines. Therefore, if a child chooses to change religion, the legal consequences will be that the heir or child does not have rights and obligations towards the heir, family and custom.  

Ilham Jafar; Nur Mohamad Kasim; Dolot Alhasni Bakung

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This research aims to find out how child maintenance cases (alimentation) are resolved by parents after divorce in the Gorontalo Religious Court and what the legal consequences are if parents do not carry out their child maintenance obligations (alimentation) after a divorce decision in the Gorontalo Religious Court. This research uses empirical research. This research is research originating from field observations and uses a descriptive qualitative approach. The results of this research show that the case resolution process involves lawsuits, trials and mediation. If mediation fails, the Religious Court issues a decision. However, sometimes the losing party does not comply with the decision. Winners can request execution, including confiscation of property or salaries. In this case, the father is still obliged to support the child after the divorce, but implementation is problematic. Some fathers are reluctant to fulfill this obligation. The Religious Courts play an important role in enforcing this. Research emphasizes the protection of children's rights and law enforcement to fulfill post-divorce livelihoods. Meanwhile, the legal consequences of non-fulfillment of child maintenance (alimentation) by an ex-husband who does not comply with the decision, the party who wins in the trial can submit a request to the Chair of the Religious Court to force the implementation of the decision and carry out the execution. If within a certain time the ex-husband still does not comply with the decision, the winning party can ask for the ex-husband's property to be confiscated, but still pay attention to the father's financial condition.

Vella Septia Renanda; Azzahra Sania Wahyu

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The Indonesian nation has very diverse tribes, cultures, languages ​​and religions because it has many islands. Each region certainly has its own traditions, customary laws and traditional communities and the Indonesian state recognizes the existence of customary laws within the community. The kinship system influences a rule in customary law. In Bali, the distribution of inheritance is based on a patrilineal kinship system, where in this system the son is the one who continues the family and is prominent. This research discusses the female inheritance system in Bali in Balinese customary law. We conducted research with the aim of exploring the position of female heirs in the traditional inheritance system in Bali and to find out and analyze the efforts made by female heirs to obtain inheritance rights. We use a research method, namely a qualitative approach, which means providing an explanation of the position of heirs in narrative form.

Mohamad Aditya Adjara

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The purpose of this research is to find out how the legal rules regarding cooperation agreements in business activities are viewed from a business law perspective and what forms of cooperation in trade activities can be carried out by company management. By using normative juridical research methods, it is concluded: 1. The legal rules regarding cooperation agreements in business activities are reviewed from the perspective of business law, referring to Civil law, especially Article 1313 of the Civil Code, which states that "An agreement is an act in which one or more people bind oneself to one or more other people." So it is clear that agreements give rise to agreements, as well as the Trade Code and Indonesian laws and regulations in various forms of business entities. 2. Forms of cooperation in trading activities that can be carried out by company management, such as Mergers, Consolidations, Joint Ventures and Franchising. A merger is a combination of one or several business entities so that from an economic point of view they are one unit, without merging the merged business entities. Consolidation/merger between two or more business entities that combine themselves to merge into one and form one new business entity (consolidation). This aims to "make healthy" the business entity concerned or what is usually called restructuring. Joint Venture is an agreement between two or more parties to collaborate in an activity. Franchise Agreement in which one party is given the right to exploit and/or use the rights to intellectual property or inventions, or business characteristics owned by another party in exchange for compensation based on the terms and/or sale of goods and services. 1 Article. 2 Lecturers at the Faculty of Law, Unsrat, Manado. Master of Law.

Arifia Retna Yunita

SIMPATI: Jurnal Penelitian Pendidikan dan Bahasa 2023 CV. Alim's Publishing

Abstract The role of teacher comunication is very important in the learning process, with technology tahers are required to be able to integrate technology in distance learning but also implement teacher communication strategies as the biggest connector in the effectiveness of distance learning. The way to facilitate good communicationis using a procedure from attention to action procedure. With five steps abbreviated as AIDDA. A is attention, I is interest, D is desire, D is decision, and A is action. The method used in this research is descriptive phenomena or data findings in the field as they are. This research was contuted by MA Zainul Bahar Wringin Bondowoso. Results of interviews that there are difficulties in convincing parents so that students are not asked to help work and provide motivation to study in group. The above requires a communicationstrategy with parents and childrenso that they can still carry out their duties as students and accept their rights as students by getting materials and teachers.

Fadel Afandi

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This study aims to determine the position of the object of the fiduciary guarantee transferred by the debtor based on the agreement with PT. Pegadaian and to determine the efforts to settle the credit transferred by the debtor. This research was conducted at PT. Pegadaian Pasar Butung Makassar and used the Normative-Empirical research type method. The approach is carried out with literature in reality based on interviews and documentation. The results of the study indicate that to determine the legal position of the object of the fiduciary guarantee transferred by the debtor, registration is required. PT. Pegadaian does not register a fiduciary guarantee in its entirety with consideration of costs, so that the legal position of the object of the fiduciary guarantee has a legal weakness in the sense of lack of legal certainty for creditors, because the debtor has violated the provisions of Article 23 paragraph (2). In addition, to settle loans with fiduciary guarantees whose objects are transferred by the debtor, PT. Pegadaian takes a negotiation method with the debtor and the third party who receives the transfer of the object of the fiduciary guarantee, namely by replacing the object of the collateral transferred to the third party with the object belonging to the debtor whose value is equivalent to the object of the guarantee that has been transferred, because PT. Pegadaian has material rights over the object of collateral.

Mohamad Apriyanto Mue

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

This research aims to analyze the implications of business law on business ethics practices in Indonesia. The research method used is library research, where data is collected from various literature sources that are relevant to the research topic. The research results show that business law has an important role in shaping business ethical practices in Indonesia. Business law regulates the rights and obligations that arise from agreements and engagements in business practices. In addition, factors such as national development developments, business ethics, internal and external factors, and legal awareness influence the implementation of business law in ethical and responsible business practices. Therefore, the solutions and recommendations provided to improve the implementation of business law and ethical business practices in Indonesia include strengthening regulations, effective law enforcement, education and awareness, collaboration between government and the business world, transparency and accountability, and the establishment of a supervisory body. independent. It is hoped that the implementation of this solution can create a business environment that is fair, transparent and has integrity, as well as making a positive contribution to economic development and social welfare in Indonesia.  

Putri Galuh Pitaloka; Ravikah Amelia; Reva Fitri Ramadhani; Leon Leon; Amanda Mutiara Natasya

Mandub: Jurnal Politik, Sosial, Hukum dan Humaniora 2023 STAI YPIQ BAUBAU, SULAWESI TENGGARA

This article explores efforts to optimise the rights of crew in the international maritime contextand take a stand against illegal agency practices that harm them. An in-depth analysis of the ship's crew working conditions reveals labour rights violations and unsafe working conditions. Meanwhile, the role of illegal agents exacerbates the situation. This research urges the government to optimise the rights of migrant ship crew members. By detailing basic rights such as a living wage, safe working conditions, the research investigates the positive impact of implementing migrant worker protection policies. Focus is also given to countering illegal agents by identifying prevention and enforcement strategies that can be implemented. This research provides a foundation for cooperation between governments, shipping companies and international organisations to create a fair and sustainable maritime environment and eradicate illegal agencies that only want to benefit themselves. This research not only describes the challenges, but also illustrates solutions in protecting the rights of ship’s crew members and countering illegal agents in the maritime sector.

Anindia Wulandari; Putri Rimadani

Deposisi: Jurnal Publikasi Ilmu Hukum 2023 International Forum of Researchers and Lecturers

The implementation of the Job Creation Law (UU Job Creation) in Indonesia presents significant changes in employment regulations, especially regarding Specific Time Work Agreements (PKWT). This article evaluates the impact of the Job Creation Law on PKWT by analyzing changes in legal provisions that affect worker characteristics, rights and protection. The Job Creation Law introduces flexibility during the PKWT period, providing leeway for entrepreneurs to adapt working conditions to their business needs. However, this also raises concerns regarding the protection of workers' rights in certain time-based employment relationships. Efforts to clarify wage standards, benefits and social protection for workers in PKWT are the main highlight of this change. The importance of strict monitoring of the implementation of the Job Creation Law in the PKWT is crucial to ensure a balance between the interests of employers and workers' rights. Discussion and collaboration between the government, trade unions, employers and other stakeholders are essential to formulate fair and sustainable regulations for workers and equitable economic growth.