Ajudikasi : Jurnal Ilmu Hukum is a scientific on legal discipline journal published by Universitas Serang Raya. This journal aims to publish the results of research in the field of law with frequency published for biannually in June and December. The focus and scope of Ajudikasi : Jurnal Ilmu Hukum aim to Constitutional Law, Administrative Law, Criminal Law, Bussines Law, Cyber Law, Intellectual Property Right and other scientific studies in accordance with scope field of law research. The Redaction of Board should be accept only the research in the field of legal science that already in the form or template of a journal article to be considered for publication. The article would to publish in this journal must be follow the template and used management tools of citation style on Chicago Manual of Style 17th Edition (Full Note). However, all of the article submited on journal Ajudikasi : Jurnal Ilmu Hukum will be processing by the editorial team and the reviewer of board. Ajudikasi : Jurnal Ilmu Hukum has been Accredited by Ministry of Research, Technology and Higher Education Republic Indonesia, Number of Pronouncement 79/E/KPT/2023 on Sinta Kemdikbud.
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Legal Analysis Of The Resolution of The Trademark Plagiarisme Dispute Between MS Glow And PS Glow
A brand is an identification mark that is used to specifically differentiate between one product and another product. Trademarks are in the form of images, logos, names, words, letters, numbers, color schemes, two and/or three dimensions, sounds, holograms, or a combination of both. The factors above are to differentiate goods and/or services produced by individuals or legal entities in the context of trading goods and/or services. As technology and information develop, there are many disputes regarding brands. Like the MS Glow and PS Glow brand trophies which are widely discussed due to brand plagiarism trophies. The aim of this research is to find out how the Ms Glow and Ps Glow Trademark Dispute is resolved and legal protection efforts for the MS Glow and PS Glow trademarks. This research uses qualitative research methods and a normative type of research with a literature approach. Data search was carried out by reviewing and tracing related laws and regulations, books, literature, articles and documents regarding the study of trade secret issues. The results of this research were that settlements were carried out in two Commercial Courts. The lawsuit at the Medan Niaga District Court was won by Ms Glow, while the lawsuit at the Surabaya Niaga District Court was won by Ms Glow. The decision at the Surabaya Niaga District Court found that the Ms Glow brand used did not comply with the registered brand class
Copyright (c) 2026 Ajudikasi : Jurnal Ilmu Hukum https://creativecommons.org/licenses/by-sa/4.0
Validity Of Contracts Based On Smart Contract Generator (A Comparative Study of Indonesia and France)
This study examines the legal validity of contracts generated by AI-based smart contract generators from the perspective of Indonesian civil law, in comparison with French law. The background lies in the development of Society 5.0, the use of blockchain and AI in contract drafting, and the absence of specific regulations on smart contracts and generators in Indonesia. This research analyses contracts produced by smart contract generators, the legal framework governing the use of smart contract generators in contract formation in Indonesia and France, and the implications of this comparative analysis for strengthening legal certainty regarding smart contract generators in Indonesia. The study is a normative juridical research using statutory and comparative approaches, relying on primary legal materials, namely the Indonesian Civil Code, the Electronic Information and Transactions Act, the French Civil Code and AI regulations, as well as secondary materials on smart contracts, blockchain, and AI. The results show that contracts generated by such tools have the characteristics of automation, immutability, transparency, security, and decentralisation, but from a legal standpoint must still satisfy the general requirements for a valid agreement. In Indonesia, smart contracts can in principle be classified as electronic contracts insofar as they comply with Article 1320 of the French Civil Code, while the generator is viewed merely as a tool owned by the parties, with legal responsibility placed on users and a remaining regulatory gap on technical aspects. In France, smart contracts generated by AI are assessed under the general rules of contract law but are reinforced by the explicit recognition of DLT in financial law and a more developed AI supervision framework. Based on these findings, the study concludes that Indonesia needs to strengthen its national framework through explicit recognition of the contractual function of smart contracts, the adoption of technical standards and liability rules for generator providers, and the development of judicial and sectoral guidelines to ensure legal certainty and protect weaker parties.
APPLICATION OF COMMUNITY SERVICE SENTENCES AFTER ENACTMENT OF LAW NUMBER 1 OF 2023 CONCERNING THE CRIMINAL CODE (NATIONAL CRIMINAL CODE)
The implementation of law Number 1 of 2023 concerning the criminal code (National Criminal Code) has several new types of main punishment, one of them is social service, which is further regulated in Article 85 of The National Criminal Code. This research aims to examine and explore how the social service punishment is regulated in The National Criminal Code and how future criminal procedure law would be adjusted to The National Criminal Code in the implementation of social service punishment. The research method that used in this research is normative juridical with statute approach and historical approach, and the existing data results are analyzed a qualitatively by using descriptive writing techniques. This research found that the successful implementation of the social service punishment depends on the readiness of future regulation implementing regulations, particularly the supervision process carried out by Prosecutors and the guidance by Social Workers, and how the Judges obtain data on the social history of defendants when considering sentencing. The establishment of the implementing regulations in the form of a Government Regulation (PP) is urgently needed as an absolute requirement so that the imposition and implementation of social service punishment can be effective, measurable, and capable of overcoming the problem of criminalization in Indonesia. Keywords: National Criminal Code, Social Service Punishment, Criminal Procedure Law
THE URGENCY OF AN EXTERNAL OVERSIGHT INSTITUTION ON THE LEGAL PRODUCTS OF THE PEOPLE'S CONSULTATIVE ASSEMBLY (MPR)
The People's Consultative Assembly is a State Institution regulated in the 1945 Constitution of the Republic of Indonesia, has the authority to determine and amend the 1945 Constitution of the Republic of Indonesia, appoint and dismiss the President and Vice President, is a very large authority in running the wheels of government, there is a decree of the People's Consultative Assembly No. MPR No XI / MPR / 1998 concerning State Administrators who are clean and free from Corruption, Collusion, and Nepotism, this decree invites public polemic because it contains efforts to eradicate KKN must be firmly against anyone who is wrong including President Soeharto while still paying attention to the principle of presumption of innocence and human rights, so that a conflict of interest arises in it, until now there is no external supervisory institution but an Internal supervisor, especially in legal products issued by the MPR, while great power tends to abuse power, the purpose of this study 1) to determine the position of the People's Consultative Assembly in the administration of the State in Indonesia 2) to determine the formulation of an external supervisory institution in the legal products of the People's Consultative Assembly People's Consultative Assembly, the research method used in this research is a type of normative research (Normative Legal Research), with a conceptual approach (conceptual approach), and a statute approach (statute approach), the results of this research are : 1) The position of the People's Consultative Assembly in the Indonesian constitutional system is equal to other state institutions such as the DPR, DPD, KY, MA, MK, and so on, the difference lies in the scope of power or authority held by the People's Consultative Assembly and state institutions whose members consist of the DPR and DPD which should be supervised. 2) The urgency of an External Supervisory Institution to the People's Consultative Assembly (MPR) There are several fundamental reasons: The authority held by the MPR can change and determine the 1945 Constitution of the Republic of Indonesia, can appoint and dismiss the President and Vice President, and there has been a conflict of interest in the MPR Decree Number XI/MPR/1998 concerning State Administrators who are clean and free from Corruption, Collusion, and Nepotism, so the formulation of the MPR State institution is that the Constitutional Court is the right institution to carry out external supervision of the MPR's legal products by conducting a Judicial Review because the MPR's strictness is certain regarding the provisions for changing and determining the 1945 Constitution of the Republic of Indonesia. The purpose of this reformulation is to minimize the occurrence of abuse of authority, conflict of interest, which can harm the community and as a form of responsibility for the authority held by the MPR.
THE APPOINTMENT OF JUDGES IN RESTORATIVE JUSTICE: BETWEEN QUASI-JUDGMENT AND RES JUDICATA FROM THE PERSPECTIVE OF LEGAL CERTAINTY
Restorative Justice (RJ) in the 2025 Draft Criminal Procedure Code (RKUHAP) offers an alternative to resolving criminal cases outside of court through agreements between perpetrators, victims, and law enforcement officials. However, the judge's decision on the outcome of RJ has sparked debate regarding its legal force and certainty as a final res judicata decision, as well as protection of the ne bis in idem principle. This study aims to analyze the legal force of the judge's decision in the RJ mechanism according to the 2025 RKUHAP and its implications for the ne bis in idem principle. The method used is normative juridical analysis through the analysis of regulations and the latest legal literature. The results show that the judge's decision in RJ does not fully meet the requirements of a binding final decision, thus potentially causing legal uncertainty and opening up the possibility of retrial. It is necessary to strengthen the norms in the 2025 RKUHAP so that the judge's decision in RJ has permanent legal force and maximally protects the principle of ne bis in idem.
CRIMINAL LIABILITY FOR MEDICAL PERSONNEL IN BEAUTY MALPRACTICE CASES
The purpose of this study is to analyze the basis of criminal law regulation against medical personnel as well as the form of legal protection for victims of beauty malpractice. This research is motivated by the increasing practice of medical aesthetics in Indonesia which often raises legal problems due to medical actions that are not in accordance with professional standards. The urgency of this research lies in the need to clarify the boundaries between ethical, administrative, and criminal violations in aesthetic medicine practice so that there is no excessive criminalization of medical personnel. This study uses normative legal methods with statutory approaches, conceptual approaches, and case approaches. The results of the study show that there is an overlap of norms between the Criminal Code and the Medical Practice Law in the application of the principle of lex specialis derogat legi generali, as well as the need to affirm the recommendation mechanism of the Professional Disciplinary Council as stipulated in Law Number 17 of 2023 concerning Health. The free verdict in the analyzed case was caused by the weak evidence of the culpa lata element and the judge's error in assessing the absence of written informed consent. In conclusion, the legal system needs to strengthen the integration between ethical, administrative, civil, and criminal pathways in order to create legal protection that is balanced between the rights of patients and the professional responsibilities of medical personnel. The findings or novelty of this research is the identification of the need for harmonization between general criminal law and health law in the enforcement of the criminal responsibility of doctors in the field of aesthetics
OPENAI'S PLAGIARISM AGAINST STUDIO GHIBLI IN A COPYRIGHT LAW PERSPECTIVE
This study examines OpenAI's plagiarism problem against Studio Ghibli from the perspective of copyright law. This problem leads more to the fundamental question, whether Studio Ghibli, which is currently widely used by humans easily produced by OpenAI, deserves copyright protection, considering that according to Law No. 28 of 2014 concerning Copyright, the so-called Creator is a person (several people) not a computer program. The purpose of this study is to find out whether the use of Studio Ghibli's works by OpenAI without permission from the copyright holder falls into the category of plagiarism and copyright infringement, as well as to analyze the form of protection, certainty, and urgency of legal regulations in Indonesia through comparison with copyright regulations in other countries. The research method used is a normative legal method with a regulatory approach, a conceptual approach, and a comparative study. The results of the study show that OpenAI is considered to have plagiarized Studio Ghibli's work because it does not have official permission from the copyright holder. In Indonesia, there is no legal certainty regarding copyright protection for Studio Ghibli's works produced by OpenAI, because there are no specific rules governing it. In the ITE Law, OpenAI is only categorized as an electronic agent and is not recognized as a legal subject who can own copyrights. Comparison with other countries: The United States rejects copyrights for works that are not from humans, while the United Kingdom grants copyrights to OpenAI's developers. This research emphasizes the importance of the Indonesian government immediately formulating regulations that regulate the work produced by OpenAI, in order to have clear certainty and legal force.
Crisis Of Legal Certainty In Criminal Enforcement Against The Practice Of Repacking Food Products
The practice of repackaging food products is increasingly prevalent in Indonesia, especially in the small-business sector and in the trade of foodstuffs in small packaging without labels. This practice poses serious problems for consumer protection and food safety. Although Law No. 18 of 2012 on food has imposed a strict prohibition on opening food packaging for repackaging, this provision is subject to a normative contradiction under Article 84paragraph (2), which provides exceptions for food that is “commonly repackaged,” without clear definitions or technical limitations. This ambiguity creates a crisis of legal certainty that hinders criminal enforcement under Article 139. This study uses a socio-legal research approach, combining normative juridical analysis with empirical data from interviews with BPOM officials and field observations. The results showed that the vagueness of the norm is the main factor preventing authorities from carrying out repressive measures, thereby hindering the effective operation of criminal law enforcement. This condition has an impact on weak consumer protection, distortion of business competition, disruption of the national food security system, and potential violations of state obligations to protect the right to public Health. This study confirms the need for strict implementation regulations, repackaging technical guidelines, and strengthening BPOM capacity and consumer literacy to ensure the effectiveness of law enforcement and food safety in Indonesia.
Reconstructing The Paradigm Of Legal Protection Of Workers: Conceptual Renewal Of Termination In The Welfare Perspective
The reform of the termination of employment (PHK) regulation in Indonesia through Law Number 6 of 2023 concerning Job Creation has had a significant impact on the legalprotection and welfare of workers. This study aims to evaluate changes in layoff regulations, the implications of compensation reductions, and the implementation of Pancasila principles and Human Rights (HAM) in the protection of workers who experience layoffs. The normative-juridical method is used by reviewing legislation, Court decisions, and the latest legal literature. The results show that although the job creation law provides flexibility for employers, the looser provisions in layoffs have the potential to harm workers, especially in the aspects of compensation and legal certainty. The implementation of Pancasila and human rights principles is an important foundation in ensuring the protection of workers so that the right to work, social justice, and humanity are maintained. Social security policies and fair dispute resolution mechanisms are strengthened through the latest Ministry of labor regulations, but the effectiveness of their implementation needs to be constantly monitored. The study recommends comprehensive reforms that promote a balance of interests between workers and employers, as well as strengthening constitutional protections for the sustainable welfare of workers.
VISORY BODY IN TACKLING MONEY POLITICS IN THE 2024 SERANG DISTRICT REGIONAL HEAD ELECTION
This Money Politics exists because of the obsession of leaders elected by the people to have government authority. Because it is contrary to the principles of the election itself, money politics damages democracy. So, this study will look at how Bawaslu's efforts to prevent and handle money politics in the 2024 Regional Head Elections. The urgency of this study is the threat and impact of money politics on society which can damage democracy and integration in general elections. The research method used is normative juridical which is taken through legal library materials. The results of this study are the role and strategy of Bawaslu in preventing money politics, by educating the public about the threats and impacts of money politics, and the conditions of money politics in the Regional Head Elections in Serang Regency. Thus, Bawaslu has an obligation to take preventive measures so that money politics does not occur in the next general election.
Copyright (c) 2024 Ajudikasi : Jurnal Ilmu Hukum https://creativecommons.org/licenses/by-sa/4.0
THE REALITY OF DIVORCED WOMEN AS SINGLE PARENTS: A LEGAL REVIEW OF NAFAQAH AND CHILDREN IN PULO VILLAGE, BANTEN PROVINCE
Single parent families are known to be mainly female. Some causes of single parent family conditions are not only due to death, but also due to the cancellation of marriage by the Court. The topic of the problem in this research is the Legal Review for the Reality of divorced women related to Nafkah and Childcare with restrictions on single parent women due to divorce. The purpose of the research is intended to find an analysis and understanding of child maintenance and care as a reality lived by women as single parents. This type of research is Juridical-Sociological / Socio Legal Research, where the problem is reviewed from the legal side, accompanied by a non-legal approach, by including social factors, and adding non-legal science studies in the research. By using Qualitative Research, data is presented in the form of descriptions and interpretations of what is found in the field. The data is presented in the form of descriptions and analyses (Analytical Descriptive), explained with statements, not numbers. Data is obtained from the location in the form of words or oral from trusted informants. Data collection was carried out with Deep Interviews, where informants tell stories, without having to answer written questions, because it is not easy to tell unpleasant experiences. The conclusion obtained is that being a Single Parent in a family is not easy, especially for a woman who has to take care of children, take care of household needs, and also become a breadwinner. According to the Marriage Law and the Compilation of Islamic Law, parenting authority is given to the mother if the child is not yet an adult, and if the mother has passed away, then parenting becomes the obligation of the father and the surviving family of the father or mother. Even if the father and mother are divorced, the father does not lose his responsibility to provide maintenance even though the child does not live with him. Keywords: Nafaqah, Parenting Authority, Single Parent
ISLAMIC LEGAL PHILOSOPHY : ETHICAL BASIS IN CORPORATE SOCIAL RESPONSIBILITY PRACTICES IN THE BUSINESS
The research aims to explore and analyze how Islamic legal philosophy principles can serve as a comprehensive ethical foundation in implementing Corporate Social Responsibility (CSR) to encourage meaningful and empowering business practices. This research uses normative legal research methods with conceptual and normative approaches, examining primary, secondary, and tertiary legal sources through literature study, to analyze Islamic legal philosophy principles as an ethical foundation in CSR practices. The research findings reveal that Islamic legal philosophy principles can serve as a comprehensive ethical foundation for Corporate Social Responsibility through a holistic approach integrating economic, social, and spiritual interests. Islamic values such as maqashid al-shari'ah, justice, trust, and social responsibility encourage companies to transcend financial profit orientation towards community empowerment and environmental preservation, emphasizing the balance between worldly and spiritual obligations. The implementation of Islam-based CSR not only creates harmonious relationships between companies and society but also supports global sustainable development agendas through ethical, transparent business practices with multidimensional positive impacts, thereby transforming CSR from a mere legal obligation into a meaningful instrument of social transformation..
Philosophy of Islamic Law, Islamic Sharia, Justice, John Rawls, Maqashid Syariah.
CHARACTERISTICS CYBER CRIME AND DYNAMICS OF THE IMPLEMENTATION LOCUS DELICTI THEORY BY LAW ENFORCEMENT OFFICIALS IN INDONESIA
Abstract The implementation of the locus delicti theory in cybercrime faces various complexities. This is due to the special characteristics of cybercrime, where the use of computers as a tool of crime often results in the perpetrator, victim, and impact of the crime being in different locations. This condition has caused debate among law enforcement officials regarding the determination of the right location as the place where the crime occurred. The purpose of this research is to see the implementation of the locus delicti theory in cyber crime by law enforcement officials in Indonesia. The research method applies normative juridical, as well as the descriptive nature of analysis. This research approach uses a theoretical approach, legal principles, a legal rule approach, and a case approach collected through literature studies, data collection techniques, and interviews. After all the data is collected, it is then analyzed qualitatively to produce several conclusions. The locus delicti theory has a necessary position in law enforcement efforts. However, in practice, this theory is not always applied in every case of cyber crimes, but only becomes a reference when the provisions in Article 84 Paragraph (2) of the Criminal Code cannot be applied optimally. Therefore, regulatory reform and a more flexible approach are needed in the application of locus delicti theory in the future.
Keywords: Cybercrime; Locus Delicti Theory; Law Enforcer Apparatus.
LEGAL PROTECTION OF DEBUS ARTS IN THE ADVANCEMENT OF LOCAL UNIQUENESS-BASED CULTURE
This research aims to (1) analyze the form of legal protection of Debus art both in cultural advancement regulation and in copyright; and (2) propose a Model that is appropriate in enhancing the role of related stakeholders in Banten Province for the implementation of Debus protection. This research falls under normative juridical research emphasizing secondary data supported by interviews with informants as supporters, examining positive law (IPR/Copyright and Cultural Advancement). The output of this research is targeted for a scientific publication in the form of a model to increase the role of stakeholders for the protection of Debus Banten. The research results show that 1. The form of legal protection of Debus art needs to be enhanced not only through preservation carried out by Debus performers and their associations, but also stakeholder synergy in regulation, promotion, and education. There are 4 pillars namely protection, development, guidance, and utilization, which are continuously strived for optimally. 2. The appropriate model in enhancing the role of related stakeholders in Banten Province for the implementation of Debus protection, with the optimization of the role of local governments in implementing 4 pillars, plus partnership patterns and partisanship
legal protection, Debus, Banten, culture, local uniqueness
Constitutional Relations Between The President, The House Of Representatives, And The Regional Representative Boards In Lawmaking After The Amendment Of The 1945 Constitution
Amendments to the 1945 Constitution shifted legislation authority from the President to the House of Representatives. However, the strengthening of the House of Representatives into a 'super parliament' does not necessarily give it absolute power in lawmaking. Every draft bill, whether originating from the House of Representatives or the President, must be discussed and approved together to be enacted. From the outset, the 1945 Constitution did not apply the pure doctrine of Montesquieu's trias politica. The separation of powers is understood in the sense of 'distribution of power', making the House of Representatives and the President both have legislation authority. The bicameral parliament system allows the Regional Representative Boards to be able to submit draft bills relating to autonomous authority and participate in joint discussions. The participation of the executive in the discussion of the draft bill with the legislative is because the executive holds the function of implementing the law. Thus, the draft bill must be discussed together to obtain the approval of both institutions. Once approved, each draft bill will then be approved by the President.
IMPLICATIONS OF HUSBAND AND WIFE'S LIABILITY FOR JOINT DEBTS TO THIRD PARTIES AFTER DIVORCE ACCORDING TO THE MARRIAGE LAW
Perceraian dapat menyebabkan pernikahan berakhir. Setelah pernikahan dibubarkan, istri tidak hanya kehilangan tanggung jawabnya, tetapi juga kehilangan hutang perkawinan. Hutang perkawinan harus dibayar di pengadilan bersamaan dengan pembagian properti. Properti bersama pada dasarnya berbicara tentang kekayaan, uang, atau properti yang dihasilkan dari hutang dan modal. Kepemilikan bersama adalah salah satu hal yang paling sensitif dan bermasalah di masyarakat. Tanggung jawab suami dan istri atas hutang bersama kepada pihak ketiga tidak diatur secara eksplisit dalam undang-undang. Pada dasarnya, utang bersama adalah tanggung jawab bersama. Dalam Pasal 35 Undang-Undang Nomor 1 Tahun 1974 tentang Perkawinan, harta bersama dan harta warisan adalah dua jenis harta yang diakui dalam perkawinan. Jadi, hutang yang timbul dalam sengketa properti bersama juga dapat diperhitungkan. Dalam penelitian ini kami mengkaji dan menganalisis pertanggungjawaban suami dan istri atas hutang bersama kepada pihak ketiga sesuai dengan undang-undang perkawinan dan implikasinya.
War Booty in the Perspective of International Humanitarian Law: A Side Effect of Armed Conflict in Afghanistan
War booty is a valuable object including military equipment taken forcibly from the opposing party during the war. The purpose of conducting war booty is to weaken the opposing party. The problem is first; What is the status of means of war as war booty in armed conflict based on the 1907 Hague Convention? Second; What are the side effects of the Taliban's actions in seizing American weapons after the armed conflict in Afghanistan? The method used is normative juridical, with a legal principles approach. While the data analysis is qualitative juridical analysis, which analyzes problem identification based on secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are: First, the status of means of war as spoils of war in armed conflict based on the 1907 Hague Convention on Means of War as spoils of war which as long as the spoils are movable objects belonging to the state that can be used for military operations and not civilian objects then the spoils are the property of the military authorities occupying the area of conflict before there is a peace agreement from the warring parties; Second, that the side effect of the spoils of war by the Taliban against military vehicles, helicopters, drones, weapons and night goggles is compensation, while against objects that still exist must be returned in the event of a peace agreement, this is regulated in Article 53 of the Hague Convention 1907 Jo Article 54 paragraph 2 and 4 Additional Protocol 1 of 1977.
The Urgency of Land Tenure without Rights as a Result of Wrongful Acts of Law
The purpose of this research is to find out more about land tenure without rights due to illegal acts. The research method used in this research is the empirical research method by taking a qualitative approach. The result of this research is that it is clear that both parties have agreed to exchange their land which has been outlined in the minutes. The agreement occurs when an agreement is reached between the parties making the agreement, so that the perpetrator's actions are included as unlawful acts. The elements that are fulfilled are the existence of an action that has been carried out by the perpetrator by continuing to control land that does not belong to him; the action must be against the law; and the action causes harm to the heirs. Furthermore, compensation for ownership of land rights due to unlawful acts must compensate the person whose fault caused the loss, either in the form of money or in the form of returning to the original state. The amount of compensation depends on the size of the claim filed by the injured party. The size of the compensation fee is measured by looking at the object of the dispute, the grace period, and the costs incurred in deliberation efforts. However, until now there is no good faith from the perpetrator to return or compensate for his actions
SDG'S IN FAMILY LAW: THE EFFECT OF GENDER INEQUALITY ON THE QUALITY OF CHILDREN'S EDUCATION IN THE FAMILY
Men and women based on the influence of social culture of society (social construction) by not looking at biological types in equality. Gender differences, which in turn give birth to gender roles, are actually not a crucial problem, as long as they do not cause gender inequalities. However, the reality in society shows that gender differences have created various forms of inequality or injustice, both for men and especially for women. Equal and fair gender relations between parents related to child care and education in the family affect the quality of children's education. So far, the role of women (mothers) in assisting children's education is more than men. School selection and other education are often delegated to women. Family law can also influence the educational priorities of girls and boys. Some cultural norms may direct boys to get a better education than girls, which ultimately impacts on their future employment opportunities and quality of life. In addition, family law also plays a role in determining employment opportunities for women. In Indonesia, there are significant differences in employment opportunities between men and women. Traditional norms and practices still restrict women from engaging in formal employment, especially after marriage or having children. This is closely related to family law provisions that assign women traditional roles as mothers and housekeepers. This research is an empirical-normative legal research. The results of this research state that: First, that in a society with a patrilineal kinship system in a neighborhood in Medan there is still a low level of understanding and implementation of gender equality. Second, the gender inequality that still occurs especially in patrilineal societies affects the quality of education that is unequal between genders and worsens the quality of education and labor in Indonesia. In Indonesia, there are significant differences in employment opportunities between men and women. Traditional norms and practices still restrict women from engaging in formal employment, especially after marriage or having children. This is closely related to family law provisions that assign women traditional roles as mothers and housekeepers..
POTENTIAL OF LOCAL ORIGINAL INCOME IN THE CONTEXT IMPLEMENTING REGIONAL AUTONOMY IN SERANG CITY
Serang City has the authority to explore its revenue potential in various sectors to increase the Regional Original Income (PAD) in Serang City. PAD is a revenue receipt that exists in each region and is taken based on the statutory policies that have been set by the regional government, especially on regional taxes and regional levies. The fundamental change regarding sports venue levies between Law Number 1 of 2022 and Law Number 28 of 2009 lies in the scope of sports venues that can be subject to levies. Article 136 of Law Number 28 of 2009 states that only sports venues provided, owned, and/or managed by the regional government can be subject to levies. Article 88 of Law Number 1 of 2022 does not offer such limitations. This article aims to find out what the potential regional income is from the sports sector, especially in Serang City and what are the obstacles and barriers for the Serang City regional apparatus to obtain regional original income in the sports sector, using empirical legal research methods. The potential for local revenue owned by Serang City is one of them in the sports sector, in which the Serang City government has not been able to receive PAD. The obstacle that is of concern is the lack of entry of the new legal basis that is currently ratified by the central government regarding Sports as stated in Law Number 1 of 2022 concerning Financial Relations between the Central Government and Regional Governments, and Law Number 11 of 2022 concerning Sports into regional regulations, especially legal products belonging to the Serang City Regional Government
Analysis of Revitalization Practices for Division of Heritage and Implications in Muslim Society
This can raise a variety of practical problems, especially in terms of the fulfillment of the daily needs of heirs who may be controlled by the long-standing process of inheritance division that the Investigator will investigate the practice of rejuvenation of the division of the Muslim community, and how the implications of this research use normative law research, with the pointing of the law as the building of the norm system, thus the data used is secondary data referring to a set of data, including qualitatively analyzed library studies and documentation, the use of the will to regulate the partition of the heritage into an emerging trend, the implementation of accelerated partition practices in Muslim communities has a significant positive impact, the distribution of the legacy fairly and quickly, minimizing potential conflicts and conflicts in the family, strengthening social bonds and family bonds in the entire Muslim community barbarslot. There are still obstacles and challenges to be overcome in implementing these practices widely and collaborative efforts are needed to address these issues so that accelerating the division of heritage can become a sustainable norm within the Muslim community.
Inheritance Division Revitalization Practices;
Supeltas dalam Tinjauan Asas Kepastian Hukum
Volunteer traffic controllers (Supeltas) continue to increment along with the increase in traffic flow. Their existence has a two-sided assessment, some welcoming their presence and others rejecting it. Departing from the opinion or information that supeltas have an explication legal basis in the traffic and transportation regulation, the researcher tries to analyze deeper. How is the legal framework of supeltas and how is the position of supeltas in terms of the principle of legal certainty. The purpose of this research is first, to see and describe the position of supeltas in terms of the principle of legal certainty. Second, as material for further research that focuses on the issue of traffic order in legal science perspective. This research uses descriptive analytical with normative juridical research, with a research approach used statue approach and library approach. The kind of data used is secondary consisting of primary legal materials such as regulations and undang-undang, secondary legal materials law like books, scientific journals of law, other scientific journals and tertiary materials such as websites, electronic mass media news, legal and general encyclopedias, language dictionaries. The results showed that the rules of supeltas has not fulfilled the principles of legal certainty and defined authority and has not fulfilled the elements of legal protection for all parties including the traffic control volunteers themselves.
Copyright (c) 2024 Ajudikasi : Jurnal Ilmu Hukum
Land Acquisition for Infrastructure Development with the Mechanism of Government Cooperation with Business Entities (KPBU): Case Study of Lhok Guci KPBU Project
This research discusses land acquisition for infrastructure development through the mechanism of Government Cooperation with Business Entities (PPP) with a case study of the Lhok Guci PPP project. Land acquisition is a crucial stage in PPP that often faces various legal, social, and economic challenges. This research uses a normative juridical method to analyze relevant regulations and a conceptual approach to understand key concepts. The stages of land acquisition studied include planning, location determination, implementation, compensation, release of rights, granting land rights, and supervision. The Lhok Guci case study shows the importance of transparency and coordination between relevant parties for the success of PPP projects. The results of the study are expected to improve the efficiency of the land acquisition process in future infrastructure projects.
Applying the Principle of Strict Liability in Environmental Protection
Forest and land fires are an unavoidable chore for Indonesia every year. Law enforcement continues to be pursued to hold the perpetrators responsible for the losses arising from the fires. This research analyses the validity of PT WMA's corporate position as a legal subject to be liable using the principle of strict liability for fires that occur in Indonesia. It also analyses the application of collateral confiscation in providing certainty over liability in accordance with the applicable verdict. This research is normative juridical in nature by analysing Decision Number 234/Pdt.G/LH.2016/PN.Plg by using several approaches, namely juridical approach, statutory approach and conceptual approach. Based on the results of the research, it is concluded that PT WMA is legally a legal subject that is absolutely responsible for the fires that occurred in its work area and the application of collateral confiscation can be carried out if this is confirmed in environmental legislation, especially to regulate the asset verification mechanism.
Legal Protection for Micro, Small, and Medium Enterprises in the Perspective of Job Creation Act
The Job Creation Law, or often referred to as the Omnibus Law, has become a hot topic of debate in the community. On one hand, there are those who support this law on the grounds that it can accelerate economic growth and create new jobs. History shows that MSMEs have tremendous resilience in the face of economic crises. When the economic crisis hit in 1998 and 2008, MSMEs were relatively able to survive compared to large companies. Despite their great potential, MSMEs in Indonesia face various challenges. One of the main challenges is limited access to financing. Many MSMEs struggle to obtain sufficient working capital to expand their businesses. In addition, the low level of education and skills of the workforce is also an obstacle in improving the productivity and competitiveness of MSMEs. The research process using literature studies began with a descriptive qualitative research type. Legal protection for MSMEs is currently better regulated through the Job Creation Law and Government Regulation Number 7 of 2021. Both regulations pay special attention to financing and legal assistance for MSMEs, including legal counseling, legal consultation, mediation, and out-of-court assistance
Urgensi Pelaporan Gratifikasi dan Konsekuensi Hukum bagi Penyelenggara Negara
The practice of gratification is for the Indonesian people a natural and natural tradition, but if the gift has a power relationship related to the duties and positions of the recipient, the meaning of the gift is no longer considered normal and leads to corrupt behavior. This writing aims to determine the criteria for gratification offenses that are considered bribes and determine the implications of gratification reporting. This research using normatif approach by identification regulation of gratification, technic collection data using library research by qualitative analysis. Gratification is considered corruption if it is given in connection with the recipient's duties and authority as a state administrator and is not reported to the Corruption Eradication Commission. The legal consequences of reporting gratuities for civil servants are that they are free from criminal threats, free from conflicts of interest, reflect high integrity, and are a means of self-evaluation.
The Responsibilities of Business Actors and The Legal Implications of Minors Purchasing Online Mobile Game Credits
Children’s interactions and lifestyles worldwide have greatly benefited from the expansion of the internet gaming sector. However, the practice of minors purchasing and reselling online game certificates has prompted concerns about the accountability of corporate operators and potential legal repercussions. In the context of minors purchasing online game vouchers, this study investigates the responsibilities of commercial actors and the legal implications. This research methodology uses a normative legal approach to gather data from the literature, relevant judicial judgments, statutes, and regulations. This analysis aims to comprehend corporate actors' accountability, legal ramifications, and parents' function in this type of transaction. The findings demonstrated that business actors who offer online game vouchers have a duty to uphold the legitimacy of transactions. Businesses have a responsibility to make sure that such transactions adhere to ethical and legal standards, even though many laws forbid minors from engaging in transactions without their parent's permission. The legal ramifications of minors purchasing and selling online game vouchers may include possible violations of consumer rights, the protection of personal data, and provisions of contracts that may be void owing to age restrictions. Monitoring and limiting their children's access to these kinds of transactions is a crucial responsibility for parents. Collaboration between commercial actors, the government, and parents is required to maintain the integrity and protection of children in online game voucher purchasing and selling operations.
A Review of Criminal Law on The Phenomenon of Teenage Illegal Sprint Racing during Ramadan
Illegal sprint racing is a prominent type of adolescent delinquency in Indonesia, especially during Ramadan. This occurrence not only undermines public order but also violates various applicable laws. This study employs a normative legal approach, with a focus on legal principles, to identify positive legal doctrines relevant to the phenomenon of illegal sprint racing. A case study approach is used to investigate various aspects of the phenomenon using primary legal texts such as the Law on Roads, the Law on Road Traffic and Transport, and the Law on Policing. The investigation found that illicit sprint racing without appropriate license is a severe violation of the law. The findings demonstrate the critical role that law enforcement plays in preserving community welfare, security, and order in locations that are frequently the scene of illicit sprint racing. Repressive law enforcement, more frequent patrols, and raising community understanding of the law are all effective ways to address this issue. The goal of socializing legal awareness is to increase community knowledge of relevant laws and regulations, and routine patrols are carried out to stop and identify illegal activity before it gets a chance to start. Repressive law enforcement makes it clear to offenders that their actions will not be accepted.
Bureaucracy Amid Political Power Struggle: A Critical Paradigmatic Review
The study of bureaucracy politicization in Indonesia has been mainly putting bureaucracy on its passive-position scenes. It viewed civil servants as politically subordinated by political officials. Bureaucracy in this classic paradigm had no other role but to execute what political officials decided. The barrier was clear, politicians made policy; civil servants administered the policy. Politicians made decision; bureaucrats merely implemented them. In this kind of relationship, bureaucracy had no other option but to obey the political leader’s decisions submissively. This article came up with different perspectives. It criticized the classic paradigm and challenged the notion of civil servant’s subordination before politics. Applying literature review, this study found out that bureaucracy had not merely administered the policy but also engaged in the making of it. Bureaucrats had more than enough of authorities to may choose independently to either take passive-position as an object of politicization or becoming active political actor on the stage of political power competition. Considering more bureaucracy leaders transforming into political officials, this may lead to the re-establishment of bureaucratic polity in Indonesia in the near future.
bureaucracy, politicization, critical review
The Effect of Restorative Justice for Drug Users on The Overcapacity of Correctional Facility in Solo City
The problem of drug abuse has become a major challenge in many countries, causing the number of prisoners addicted to narcotics to increase and causing overcrowding in prisons. This article discusses the influence of restorative justice as an innovative solution in dealing with drug users and overcrowding in correctional facility. Restorative justice replaces the traditional punishment-focused approach with one that is oriented towards rehabilitation, reconciliation, and the active participation of drug users in the rehabilitation process. In addition, restorative justice can help reduce overcrowding in prisons by reassessing the detention approach to drug users. Alternatives such as community-based rehabilitation programs and electronic monitoring could be implemented to alleviate pressure on the overcrowded prison system. By combining restorative justice and prison reform, governments can create more sustainable and humane solutions to the complex challenges of drug addiction.