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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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
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.
Pelindungan Hukum Terhadap Konten Kreator Anak
Content creators are flexible workers who are in demand by all groups, both adults and children. Children in digital content creation are at risk of exploitation and psychological distress. This is the case with Monella Sunshine Jo, a 5 year old celebrity who has achieved a significant level of popularity. Although children's rights in the digital world have been regulated in legislation, adequate regulations to protect children as content creators are still lacking, creating problems that need attention. This article aims to analyze the legal regulation of child labor as a content creator on social media and the legal protection of child content creators based on labor law. The method used in this research is normative research method, which examines and analyzes the subject matter with the substance of the Legislation. Based on the results of this study it can be concluded, First, legal protection of child content creators on social media and regulations in Indonesia have regulated the rights and obligations of children as workers, especially in the entertainment industry, but there are certain conditions, stating that children who have worked must do work in accordance with their requests and talents, these provisions are regulated in the Decree of the Minister of Manpower Number KEP.115/MEN/VII/2004. Second, the protection of children from work is regulated in Law Number 13 of 2003 concerning Manpower with the exception of children aged 13-15 years who may do light work as long as it does not interfere with development and health. Conditions such as written permission, work agreement, maximum time of 3 hours, daytime, and not interfering with school. Law Number 13 of 2003 on Labor prohibits child labor that endangers health, safety, or morals, as well as involving children in slavery, prostitution, the production of pornography, and the trafficking of addictive substances.
Copyright (c) 2023 Ajudikasi : Jurnal Ilmu Hukum
Penyelesaian Wanprestasi Simpanan Deposito Akad Mudharabah yang Tidak Dikembalikan oleh Pihak KSU Syariah BMT Berlian
Default is an act of violation of an agreement between two parties. When one party is unable to carry out its obligations in accordance with the existing agreement, then this action can be fully said to be a default. Mudharabah deposits are deposits of funds with a scheme where the owner of the funds (shahibul maal) entrusts his funds to be managed by the bank (mudharib) with the results obtained shared between the owner of the funds and the bank with the ratio agreed upon from the start. This research aims to analyze the factors that cause default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau and to analyze the settlement of default of unreturned mudharabah contract deposits in Decision Number 37/Pdt.G/2018/PN Bau. The focus of this research covers the settlement of default of mudhrabah contract deposits that are not returned by the bank. This research uses a qualitative normative juridical method through a statutory approach using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research, it can be concluded that the factors causing default of mudharabah contract customer deposits that are not returned by KSU Syariah BMT Berlian, namely the first cause of default is the negligence of one of the parties. Second, the parties deliberately violated the contract agreement and violated Article 36 of the Compilation of Sharia Economic Law. The settlement of the default case of mudharabah contract deposits that were not returned by the KSU Syariah BMT Berlian was that the Panel of Judges had decided the case in accordance with statutory regulations, namely Article 1246 of the Civil Code and also contained in Article 38 of the Compilation of Sharia Economic Law.
Regulasi Layanan Kesehatan Digital di Indonesia: Tantangan Etis dan Hukum
Digitalization promotes more effective and efficient health-care services. Following the COVID-19 epidemic, there has been a surge in global interest and investment in digital healthcare. WHO has issued guidelines and recommendations to countries in order for them to properly use telemedicine on a global scale. This is not only beneficial to people who want to protect themselves against COVID-19 and other diseases to which they may be susceptible, but it also has the potential to increase access to health care. There are various problems in integrating digital healthcare across the country in Indonesia, a country that does not yet have universal healthcare and struggles with high levels of skepticism in the public health system. Indonesian technology laws currently do not explicitly control telehealth, nor do suitable data protection regulations exist to manage the massive volumes of data generated by digital health services if adopted on a wide scale. Furthermore, there are concerns regarding the level of patient privacy, which may be jeopardized by digital health services. Aside from legal concerns about privacy, there is no framework in place to ensure informed consent in the context of digital healthcare. In this study, the researcher examines the legal, structural, and ethical difficulties surrounding digital health and offer insight into the problems caused by these flaws, as well as policy proposals to remedy these issues. The outcomes of the discussion indicate that data protection rules in Indonesia must address the different concerns listed above. Furthermore, gaps in health-care access and public-sector distrust make universal implementation of digital health services difficult. Aside from legal considerations, the digitalization of health services in Indonesia has ethical implications. The key ethical considerations are informed consent, which is a critical issue, particularly for marginalized groups with poor reading levels and communities that have historically been targets of medical exploitation.
Analisis Hukum Terhadap Penyampaian Informasi Elektronik yang Melanggar Norma Moral
This research aims to analyze the legal aspects of electronic information dissemination that violates moral norms. The unethical dissemination of information, including hoaxes, hate speech, and other harmful behaviors, has become a significant concern in the digital environment today. The research method employed is normative legal research, utilizing three approaches: legislative, case-based, and conceptual. Research data were collected from secondary sources, including relevant laws and literature on legal issues related to electronic information dissemination. Additionally, tertiary data was derived from specific cases that exemplify the phenomenon of morally unethical information dissemination empirically, both within the digital space and outside the network. Data analysis involved stages of reading, note-taking, reduction, interpretation, and concluded with deduction. The research results outline the pertinent articles and sections within legal regulations concerning violations of moral norms in electronic information dissemination. Furthermore, the study discusses law enforcement measures that can be taken against the perpetrators of such violations. This research contributes to understanding the legal aspects related to morally unethical electronic information dissemination in the current digital era. It is essential to ensure that ethics and legal compliance are maintained in the increasingly complex online environment.
Implementasi Pengaturan Standar Perhotelan dalam Mendukung Kepariwisataan Daerah: Studi Kasus pada Ommaya Hotel di Kabupaten Sukoharjo
This study aims to determine the regulation of hospitality standards in supporting regional tourism and how the implementation of hospitality standards at Ommaya Hotel in supporting regional tourism in Sukoharjo Regency. The research is qualitative with a normative-empirical legal approach, using primary data and secondary data. The results of the study concluded that the regulation of hospitality standards that support tourism includes the regulation of the Tourism Business Registration Certificate (TDUP) in the field of business of providing hotel business type accommodation, the feasibility of building functions, water quality feasibility, hotel class management assessment, and tourism business certification. Ommaya Hotel has fulfilled several hotel standardizations in accordance with applicable regulations such as having a Tourism Business Registration Document (TDUP) in the field of business of providing hotel business type accommodation, water quality feasibility, hotel class classification assessment and Ommaya Hotel including two-star hotels. However, there are several hospitality standards that Ommaya Hotel does not yet have such as a certificate of the feasibility of building functions called the Certificate of Good Function (SLF), a certificate of good health, and a certificate of tourism business in the hotel sector.
Konseptualisasi Otonomi Khusus dalam Tinjauan Otonomi Daerah: Konstruksi dan Formulasi
The development of the government system in Indonesia has resulted in significant changes in the form of granting autonomy to the regions. Regional autonomy includes the granting of authority to regions to regulate local issues in accordance with the needs and characteristics of the region. Special autonomy is a variation of the concept of regional autonomy that gives special authority and responsibility to regions with certain characteristics. The purpose of this research is to analyze the way the concept and implementation of special autonomy is interpreted in the situation of regional autonomy. This research uses a normative legal approach method to examine relevant legal regulations and literature related to this topic. The results show that special autonomy is an important step in building governance that is responsive to local needs. While recognizing the privileges of regions with special characteristics, special autonomy must still maintain the unity of the state and respect the values of diversity. The implementation of special autonomy has had a positive impact on regional empowerment, but needs to be improved to remain in line with national goals and human rights. The interaction between the central and local governments in the context of special autonomy also needs to be maintained and strengthened to achieve sustainable and inclusive development throughout Indonesia.
Pelaksanaan Putusan Eksekusi BANI atas Sengketa Kontrak antara Badan Layanan Umum BP3TI dengan PT. Indonesia Comnets Plus dan Konsorsium NIPRESS
The Indonesian National Arbitration Board (BANI) is an option in resolving contract disputes between the government and private parties. When the government is in a losing position in a contract dispute according to the BANI decision, the government must comply with the BANI decision. This study aims to understand the implementation of the execution of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury and the authority of the Supreme Court to address the issue of BANI decisions that conflict with Law Number 1 of 2004 concerning State Treasury. The focus of this research includes the execution of BANI decisions that are contrary to Law Number 1 of 2004 concerning State Treasury and the Authority of the Supreme Court to the Court that confiscates state assets. The research method used in this research is normative juridical through statutory and conceptual approaches using secondary legal data consisting of primary legal materials, secondary legal materials and tertiary legal materials. The data obtained from library research is then analyzed using descriptive qualitative. Based on the research, it is found that the execution of the BANI decision carried out by the court through the confiscation of a sum of money in an account belonging to the BP3TI Public Service Agency should not be carried out because this has contradicted Article 50 of Law Number 1 of 2004 concerning State Treasury. Therefore, the Supreme Court is expected to play a role in providing solutions by providing guidance to the lower courts including the district courts by issuing a Supreme Court Circular Letter (SEMA).
Penerapan Asas Nebis in Idem yang Diajukan di Peradilan Berbeda Berdasarkan Asas Contante Justitie
This research aims to analyze the application of the principle of nebis in idem in the handling of civil case Number 287/Pdt.G/2023/PA.Skh. which corresponds to the principle of contante Justitie and to know and analyze the handling of cases carried out by judges who examine, hear, and decide cases handled by the Sukoharjo Religious Court, by looking at the considerations of judges in applying the principle of nebis in idem. This research is normative legal research, using secondary data which is processed using qualitative techniques. The results of this study indicate that: (1) the handling of civil case Number 287/Pdt.G/2023/PA.Skh. in its decision is appropriate and has applied the principle of nebis in idem properly, because the elements of nebis in idem as required in the Civil Code have cumulatively been fulfilled; (2) the considerations given by the panel of judges in giving the decision are appropriate and correct based on applicable legal principles. (3) cases containing elements of nebis in idem must be filed an exception and an exception can only be filed in the first answer along with a rebuttal to the subject matter. It is recommended that in the future a dismissal process can be carried out before cases related to nebis in idem are examined and tried like the mechanism in the state administrative court, in order to provide legal certainty for justice seekers as well as implement the principles of fast, simple, and light costs.
Nilai Pancasila dalam Metode Penemuan Hukum: Orientasi dan Konstruksi Nilai Pancasila dalam Rechtsvinding
This study examines the role of Pancasila values in the process of legal discovery or rechtsvinding in Indonesia. Pancasila, as the foundational philosophy of the Republic of Indonesia, holds a crucial position in shaping the nation's identity, character, and developmental direction. Beyond being a philosophical underpinning of the state, Pancasila's values serve as guiding principles in the life of the nation, state, and society. Within the legal context, Pancasila is highly relevant in the rechtsvinding process, which involves searching for laws related to specific cases or situations.The research utilizes normative methods with a philosophical and analytical approach. Data is gathered through literature studies, analyzing legal norms, regulations, and relevant legal works. The primary goal is to analyze how Pancasila values manifest in the rechtsvinding approach and their impact on legal stability and justice in the Indonesian legal system.The study findings reveal that Pancasila values play a central role in the rechtsvinding process. These values influence the interpretation and application of the law by judges and legal practitioners. The 1945 Constitution reflects Pancasila values in its principles that form the basis of state law and policy. Articles within the constitution embody Pancasila values like social justice, balance of rights and responsibilities, and human rights protection. Furthermore, Pancasila values significantly contribute to legal stability, fostering certainty and harmony in the Indonesian legal system. The integration of Pancasila principles in the rechtsvinding process guides decision-making with a focus on justice, unity, and equality.
Faktor Penyebab Terjadinya Perceraian di Pengadilan Agama Serang
Divorce is the final point of a marriage that is unable to achieve the noble goal of family happiness as expected by every married couple. This study aims to find out about the factors that cause divorce in the Serang Religious Court. To achieve these objectives, the researchers used descriptive research with a qualitative approach. Informants in this study were judges, junior clerks and Posbakum. Data collection was carried out using the method of observation, interviews and documentation. The data analysis technique used is data reduction, data presentation and conclusion. Based on the research results, it was found that the highest causes of divorce in the Serang Religious Courts were (1) Continuous Quarrels and Disputes (47%), (2) Economics (36%), (3) Domestic Violence (12%), (4) Leaving one of the parties (5%), and the consequences of divorce are very broad and complex, because it is not only the divorced husband and wife who feel the consequences of the divorce but also the impact on children and wealth.