Das Sein Research Articles

Urgensi Pembaharuan Acara Hukum Pidana Terkait Alat Bukti Elektronik dalam Perspektif Tujuan Hukum

Globalization affects the development of technology that facilitates human activities, but also presents a threat in the form of cyber crime. Cyber crime utilizes computers and the internet as its main tools. However, KUHAP has not fully regulated the validity of electronic evidence which is vital in handling cyber crime cases. This lack of clarity will not provide justice, benefit, and legal certainty to the community, as the purpose of the law itself should be. Therefore, the discussion of the validity of electronic evidence is important, considering its influence in deciding a case. With the alignment of das sein and das sollen, it is hoped that the real purpose of law will be achieved. This research highlights the urgency of legal reform along with technological developments in order to reduce the reduction of legal objectives and realize dynamic positive law in Indonesia. This type of research is normative juridical research or normative legal research. The results of the research are expected to contribute to the development of relevant laws.

Case Study of Supreme Court Decision Number 418 K / Pid / 2016 Against Criminal Perpetrators Participating in Making Fake Letters

The problem that arises with medepleger in the crime of document forgery is that its application is not explicitly regulated in the Criminal Code regarding its punishment. Then a gap emerged between das sollen (the Criminal Code does not explicitly regulate the criminal offense of participating in making fake letters) and das sein (many people who commit crimes taking part in making fake letters), as in Supreme Court Decision Number 418 K/Pid /2016. This research aims to determine the regulation of the criminal act of forgery of letters in the Criminal Code and to determine the imposition of criminal sanctions against perpetrators of criminal acts who participate in the continuous production of fake letters. This research is a type of normative juridical research, with a statutory approach and a case approach. Research data relies on primary data in the form of statutory regulations and binding decisions and secondary data, namely library sources. As for the research results: the legal arrangements for inclusion in the Criminal Code are regulated in 55 paragraph 1 of the Criminal Code. Regulations for the act of falsifying letters are regulated in Chapter Overall, what is at the core of all forms of criminal acts of letter forgery are making fake letters, falsifying letters and using fake letters or forged letters. what is formulated in the Articles on falsification of letters is the action on the object or form of the letter. The imposition of criminal sanctions against perpetrators of criminal acts who participated in making fake letters which is carried out continuously in the Supreme Court Decision Number 418K / PID / 2016 is based on legal facts, whether through witness statements, defendant statements, or evidence, mitigating and aggravating matters. the defendant and based on juridical considerations. In this case the defendant committed the act by means of participation. With the fulfillment of the elements in article 263 paragraph 2 of the Criminal Code jo. Article 55 paragraph 1 of the Criminal Code means that the criminal act charged is legally and convincingly proven according to the law.

Analysis of Business Licensing Management Through Online Single Submission Risk Based Approach for Limited Liability Companies

In managing risk-based permits in Indonesia, there is a gap between das sollen (PP Number 5 of 2021 is the basis for carrying out Risk-Based business licensing) and das sein (the phenomenon of PTs which are often hampered in processing OSS RBA permits). This research aims to find out the regulations regarding processing business licensing through a risk-based online single submission risk based approach (OSS-RBA), analysis of Limited Liability Companies having difficulty in managing risk-based electronically integrated business licensing and efforts to resolve the problem of Limited Liability Companies making it difficult to process risk-based electronically integrated business licensing. This research is a type of normative juridical research that relies on primary legal materials (legislation) and secondary legal materials (literature studies). The results of this research: Regulations regarding the management of business permits through OSS-RBA are regulated in Government Regulation Number 5 of 2021 concerning Risk-Based Business Licensing. Analysis of limited liability companies having difficulty in processing risk-based electronically integrated business permits is due to overlapping regulations and the absence of implementing regulations for implementing OSS RBA in the regions. Efforts to resolve the problem of limited liability companies which are difficult to obtain risk-based electronically integrated business permits, there are two, namely 1) the government must guarantee compliance with Law Number 40 of 2007 concerning Limited Liability Companies in conjunction with Law Number 11 of 2020 concerning Copyright in conjunction with PP No. 8 in 2021 based on the provisions of the statutory hierarchy and 2) the government must make a policy so that regulations implementing the RBA OSS are made in various regions.

Problem Qiraah Muntijah Naṣr Ḥāmid Abū Zayd

The theme of hermeneutics in the Quran often promises a heated debate and is always interesting to observe. Although perhaps methodologically, no new issues are raised, the gap between Islam as das sollen and Muslim civilisation as das sein, especially in the modern era, remains a highlight for the academic world. Some are on the side of accommodating the times and are not reluctant to change values that are considered out of date. Naṣr Ḥāmid Abū Zayd is in that position by offering the idea of Qiraah Muntijah as a solution.

Review Of Intellectual Property Law On Micro, Small, And Medium Enterprise Products Of Selar Fish Crackers In Warnasari Village, Cilegon City

Micro, Small, and Medium Enterprises (MSMEs) activities in Cilegon City are one of the growing business sectors to support the national economy.. For business actors starting a business, they need to think about the concept of business and intellectual property protection. In the business world, Intellectual Property can be one of the important elements because it can give the owner an advantage over the results of his invention. This study aims to determine the concept and product innovation of Micro, Small, and Medium Enterprises (MSMEs), Selar Fish Crackers in Warnasari Village, Citangkil District, Cilegon City, and to determine the legal protection of intellectual property for Micro, Small, and Medium Enterprises (MSME products), Selar Fish Crackers in Warnasari Village, Citangkil District, Cilegon City. This research uses qualitative methods and empirical juridical approaches. Where the research is conducted by looking at the law as a norm or das sollen and as a socio-cultural reality or das sein obtained directly from the research location. The data analysis technique uses descriptive analytical techniques. The results showed that the concept and innovation of MSMEs is the first step taken to develop the Akbar Jaya Fish Crackers business and protect intellectual property in its products, one of which is by registering the brand to the Directorate General of Intellectual Property to obtain legal certainty.

Legal Protection of Public Bus Service Users for Persons with Disabilities in Denpasar

Law no. 22/2009 concerning Road Transport Traffic states that people with disabilities have the right to support facilities for managing road traffic and transport. Providing access for people with disabilities on the Denpasar City Sarbagita Bus is not implemented in accordance with Law no. 22/2009 concerning Road Transport Traffic Gaps in regulations and implementation (das sollen and das sein). The problems raised in this research are a) What are the factors that cause the Road Transport Traffic Law and the Law on Persons with Disabilities to not be realized regarding providing accessibility for people with disabilities who use public buses in Denpasar? b) What are the government's efforts to achieve justice for disabled public bus passengers in Denpasar? This research uses empirical legal research with the rationale that this research will examine the government's efforts to achieve justice for disabled public bus passengers in Denpasar. The approach used in solving problems is through a statutory approach, a fact approach and also assisted by a legal concept analysis approach (Analytical and Conceptual Approach). The results of the research show that the factors causing the non-realization of Law Number 22 of 2009 concerning Road Traffic and Transportation and Law Number 8 of 2016 concerning Persons with Disabilities regarding providing accessibility for disabled people using public buses in Denpasar include: from in terms of costs, it must be adjusted to the budget/fees provided/budgeted by TAPD (the Regional Government Budget Team cannot just ask for funds, so that the facilities are adjusted to existing funds; there is rejection of additional facilities by the project owner (Ministry of Transportation); as well as minimal involvement of people with disabilities disabilities in formulating policies so as to avoid discrimination for people with disabilities. Government efforts to achieve justice for disabled public bus passengers in Denpasar include: the creation of Bali Provincial Regulation Number 9 of 2015 concerning the protection and fulfillment of the rights of people with disabilities; further efforts to collaborate and involve certain parties in formulating accessibility policies in public bus services in Bali; Advocacy for persons with disabilities in fulfilling their rights in public services; invite people with disabilities to participate actively; and invite the general public to be aware that people with disabilities must pay attention to their existence so that it does not cause the disabled community to become jealous of non-disabled people.

Aksesibilitas Pelayanan Publik bagi Penyandang Disabilitas pada Pemerintah Daerah Kabupaten Tangerang

In this study, there is an identification of a gap between what is expected and the actual reality in the efforts of the Tangerang district government in fulfilling the rights of persons with disabilities. This gap, which is called das sein and das sollen, encouraged researchers to make a thesis on the issue. The purpose of this study is to provide a detailed description of the level of accessibility of public services available to individuals with disabilities within the Tangerang Regency local government. Zeithaml, Parasuraman, and Berry (as cited in Hardiansyah, 2018: 63) propose that to assess the quality of service actually perceived by consumers, there are specific indicators of service quality that can be categorised into five categories of service quality, namely tangible, reliability, responsiveness, assurance, and empathy. The results of this study have several points 1) Incomplete regulations or technical implementation standards for public services for persons with disabilities in the form of Tangerang Regent regulations as guidelines for the implementation of Tangerang Regency PERDA No. 11/2018 concerning the protection and fulfilment of the rights of persons with disabilities; 2) The attitude of government officials towards persons with disabilities The government is one of the important actors in the successful implementation of public service accessibility for persons with disabilities. 3) Attitudes of non-disabled people towards people with disabilities and people with disabilities towards non-disabled people In addition to the government as an important actor in the successful implementation of accessibility of public services for persons with disabilities, non-disabled people have an important part in the successful implementation of public service accessibility for persons with disabilities. Suggestions for the Tangerang Regency Government, especially public service providers from the executive branch, to immediately make a Tangerang Regent Regulation (PERBUP) regarding the fulfilment of the rights of persons with disabilities so that it can become a guideline and technical guidance for all public service providers.

Kekuatan Hukum Surat Assesment BNNP Sebagai Rekomendasi Bagi Hakim Untuk Memutus Pelaksanaan Rehabilitasi Terhadap Penyalaguna Narkotika di Kota Jambi

It is known that the assessment is an assessment action to determine the resident's condition due to drug abuse which includes medical and social aspects. The assessment is carried out by means of interviews, observations and physical and mental examination of the suspect by investigators. So that investigators can determine whether the suspect has the right to receive an assessment application. However, even though narcotics abusers have received an assessment letter to undergo rehabilitation, several drug abusers have not had their assessment applications approved by the judge. The purpose of writing is to find out and analyze the legal strength of the BNNP assessment letter as a recommendation for judges to decide on the implementation of rehabilitation for narcotics abusers in Jambi City. In this research the author uses an empirical juridical research method, namely "research in the form of field studies starting from primary data to find theories regarding the process of occurrence and the process of how the law works. Meanwhile, the empirical approach (law as social, cultural or das sein reality), because in this research primary data obtained from the field is used. Data obtained from interviews and direct observation

ANALISIS NORMATIF PERLINDUNGAN HUKUM TERHADAP ANAK SEBAGAI KORBAN KEJAHATAN PEDOFILIA

This research aims to find out briefly and simply about legal protection for children as victims of pedophilia crimes. The research method used in this research is: normative legal research. which essentially means that there has been a gap between das sollen and das sein at the level of norms or legal rules that apply in society. so that the law we aspire to cannot function as it should. From this research we can conclude that. Very firm and harsh action is needed in imposing criminal sanctions on perpetrators of pedophilia crimes because they have damaged and taken away the future of the nation's generation. The criminal sanctions can have a deterrent effect and provide healing and treatment for the mental and sexual sexuality of the perpetrator. Keywords: Children, Crime Victims, Pedophelia.

RELEVANCE CAUSA PARADIGMATIC OF LEGAL POSITIVISM

Law, as a science, is philosophical series of reasoning towards comprehensive rules, while law as an instrument is set of rules that regulate behavior is very profane and tends to have a one-way perspective. That beside das sein and das sollen sometimes be through contra productive assumptions, implementation, perceptions and expectations, especially those related the reasons behind legal determination. Interesting one thing is positivism paradigm. Where reason constructs values based solely on legal postulates, ignoring the context, forming reasoning, assumptions, perceptions and simbiota fact that encourage legal violations. The aims of this research is to examine how the construction, logical implementation, and whether there are logical contradictions of the positivism paradigm in law. As a result, this paradigm is aimed forming a perception of the text as a fact of knowledge. Implementably, construction of positivism paradigm cannot be separated from the construction of its constituents, that philosophy which includes what positivism is (ontology), how positivism is formed or obtained (epistemology) and why positivism was born (actiology) and logical contradictions in the positivism paradigm are influenced by differences in form, both of aspects elemental construction, basic thoughts, basic perceptions, basic assumptions, basic interpretations, factual basics in the social domain which form logical reasoning based on factual factors in society.

TANGGUNG JAWAB PERDATA PERUSAHAAN TERHADAP PENCEMARAN LINGKUNGAN BERDASARKAN PERATURAN PEMERINTAH NOMOR 22 TAHUN 2021 TENTANG PENYELENGGARAAN PERLINDUNGAN DAN PENGELOLAAN LINGKUNGAN HIDUP

In cases of environmental pollution and/or destruction in court carried out by companies, the court has not maximally applied the principle of absolute responsibility (Strict Liability). This legal research is normative legal research by looking for rules, norms (das sollen) and behavior (das sein). Article 1365 of the Civil Code which states that every act that is against the law and brings harm to another person, requires the person who caused the loss through his fault to compensate for the loss and Article 1366 of the Civil Code which states that every person is responsible not only for losses caused by his actions, but also for losses caused by negligence or lack of care.

NEOREALISM AND DIGITAL TRANSFORMATION IN RUSSIA-UKRAINE WAR: A MORE CYNICAL PERSPECTIVE TOWARDS UNJUST WAR?

The usage of digital technology, especially in warfare, on the one hand, exacerbates the judgment of the war. After the world experienced a major-devastating World War (I and II), International Relations – as a practice vis-à-vis discipline – has gone through a synthesis phase. Although the world has looked very different from the 19th century, states, as the acknowledged primary actors, are still chasing their national interests and power. Russia is one of the major powers after World War II, willing to reclaim its past glory by showing its possession towards the neighboring countries, one of which is Ukraine. This paper tries to judge the presence of digital technology as a combat equipment in worsening the magnitude of the war. This paper uses the International Humanitarian Law (IHL) as the principal guide for conducting a war. By contrast, what was happening in the field (das sein) will be seen through a Neorealism perspective as one of the major perspectives in International Relations studies. As the first full-scale modern cyber war, Russia-Ukraine has exemplified the use of digital technology to obscure the purposes of the war – creating a just and justified means to achieve national interest apart from political ways.

Analisis Pertimbangan Putusan Hakim Pengadilan Agama Wonosari Tentang Penetapan Perwalian Orang Tua Kandung

Case Decision Nomor 39/Pdt.P/2023/PA.Wno is the decision of the Wonosari Religious Court which granted the parents' (mother's) request for guardianship of their biological child. Even though Article Pasal 47 Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, explains that children are under 18 years old and have never been married. So his guardianship power is under the responsibility of his parents. Parents as guardians represent all legal actions related to their children, both inside and outside the court. Biological parents automatically become guardians of their children without needing to determine guardianship in a religious court. It's just a civil practice that occurs in the field, the Land Deed Making Officer (PPAT) requires parents to first make a guardianship determination with the religious court, when they want to take care of their child's inherited land. Based on the description of the context of this research, there is a gap between the law (das sollen) and the legal reality that occurs (das sein).

Analisis Pertimbangan Putusan Hakim Pengadilan Agama Wonosari Tentang Penetapan Perwalian Orang Tua Kandung

Case Decision Nomor 39/Pdt.P/2023/PA.Wno is the decision of the Wonosari Religious Court which granted the parents' (mother's) request for guardianship of their biological child. Even though Article Pasal 47 Undang-undang Nomor 16 Tahun 2019 tentang Perkawinan, explains that children are under 18 years old and have never been married. So his guardianship power is under the responsibility of his parents. Parents as guardians represent all legal actions related to their children, both inside and outside the court. Biological parents automatically become guardians of their children without needing to determine guardianship in a religious court. It's just a civil practice that occurs in the field, the Land Deed Making Officer (PPAT) requires parents to first make a guardianship determination with the religious court, when they want to take care of their child's inherited land. Based on the description of the context of this research, there is a gap between the law (das sollen) and the legal reality that occurs (das sein).

HEIDEGGER: UNDERSTANDING AND INTERPRETATION AS DAS SEIN EXISTENTIAL (Analysis of Verses of God's Appreciation on Humans in Tafsir Ibn Katsīr)

Recently, hermeneutics has become a study that has attracted the attention of observers of al-Qur’an and Tafsir. One of its studies is Heidegger's hermeneutics. In brief, there are four main things in Gadamer's hermeneutics, namely facticity, understanding, ontological-existential relations, and time. This literature research aims to discuss Ibn Katsīr's interpretation which is analyzed from Heidegger's hermeneutics. The results of the research show that Ibnu Katsīr has been influenced by socio-cultural conditions or what is called facticity. Second, there is pre-understanding, and third, the openness of the interpreter in the context of further interpretation. Implicitly, Ibn Katsīr was becoming das sein existing in the understanding itself.

Generation Z Purchasing Behavior Profile in the Digital Economy: Normative Analysis in Online Markets

This research aims to detail Generation Z's purchasing behavior in the online market. This research provides an in-depth view for e-commerce companies and marketers to develop more effective strategies in attracting and retaining Generation Z. This research method is normative descriptive research. The type of research used is exploratory research. Data collection techniques involve literature reviews from various journal sources and related literature. The data analyzed is secondary data and the data analysis method involves normative analysis to identify the differences between "das sollen" (should) and "das sein" (actual conditions) in the purchasing behavior of Generation Z in the digital economy. This research reveals that Generation Z has a high affinity for using smartphones when shopping online, indicating a dependence on mobile technology in the digital economy era. Generation Z is more active in shopping online compared to previous generations, indicating the important role of digital platforms in shopping behavior patterns. Continuous recommendations from this research emphasize the importance of continuous adaptation to technological changes and the dynamics of Generation Z consumer behavior. Businesses are expected to combine innovative marketing strategies with responsive shopping experiences to attract and retain Generation Z as loyal consumers.

MOTIVATIONAL EDUCATION IN THE BOOK SHALÂH AL-UMMAH FÎ ‘ULUWW AL-HIMMAH BY SAYYID AL-‘AFFÂNÎ AND ITS EDUCATIONAL IMPLEMENTATION IN ISLAMIC UNIVERSITY

As creatures that have more complex life needs, human are required to have the motivation to fulfill them and also to achieve various other life goals, even with high motivation. Especially in facing the 4.0 industrial revolution and to become a 5.0 society that is superior and competitive in all aspects of life, including in the aspect of education, even in Islamic education. The urgency of motivation and the need to be highly motivated is highly recommended in Islam, especially based on the Al-Qur’an and Al-Hadits as well as the opinions of the scholars and their implementation in various aspects of life. The reality of das sollen and das sein, is narrated explicitly and in detail by Sayyid Al-‘Affânî about the obligation of muslim to have high motivation as outlined in 15 volumes of his work entitled Shalâh Al-Ummah fî ‘Uluww Al-Himmah. Therefore, this research articles that use qualitative methods with a literature review and field study approach as well as data collection through descriptive documentation studies, observation, and field interviews to be analyzed qualitative-interpretatively. This article is intended to reveal Sayyid Al-‘Affânî thought about the urgency of motivation and objectivity and about the implementation of highly motivated education in Islamic university, especially from the managers and lecturers as well as the student.

Pelaksanaan Tanggung Jawab Orang Tua Terhadap Anak Akibat Putusnya Perkawinan

The purpose of this study was to determine and analyze the implementation of parental responsibility towards children due to the break-up of marriage at the Jambi Religious Court and legal responsibility for parents who did not carry out their obligations after the breakup of the marriage. This research includes juridical empirical research, which examines the gap between das sollen and das sein or the gap between what is supposed to be according to law and the reality in the field. The location of the study, namely the Jambi Religious Court Office, were the population parties in this study. Sampling in this study using purposive sampling technique. There is still a lot of parental lack of awareness about the responsibilities after the breakup of marriage to their children. In particular, male parents or ex-husbands have not fully fulfilled their obligations in terms of providing support for their children after the break-up of the marriage. Therefore, for parents who do not carry out their obligations to the child, a request for execution can be made later, in which the court will first call and when after being given a warning by the court, they still have not carried out their obligations, the court will execute the parents who did not. carry out its obligations.

The Effectiveness of the Implementation of Occupational Health and Safety (OHS) in Indonesian Medical Personnel During the Covid-19

This journal explains the effectiveness of legal protection for medical personnel, especially in implementing Occupational Safety and Health during the COVID-19 period. The number of COVID-19 cases that continue to develop in Indonesia certainly affects the implementation of OHS for medical personnel. Various problems also emerged in the first year of the spread of COVID-19, from medical personnel, instruments, and components supporting the implementation of OHS and the condition of COVID-19 in Indonesia. OHS accommodation for medical personnel has been listed in various laws and regulations in Indonesia. In this study, the author uses socio-legal legal research methods. The final result of this research is a study of the legal conditions of the laws and regulations governing the implementation of OHS for medical personnel in Indonesia, accompanied by various cases. This conclusion of the article provides the effectiveness of the implementation and compliance of das sollen and das sein law in Indonesia, especially regarding accommodating the implementation of Occupational Health and Safety (OHS) in accordance with legal regulations. With this issue, there is a need for synergy among the government, hospitals, healthcare workers, and relevant parties to ensure the implementation of OHS protection for medical personnel dealing with COVID-19 and the potential new mutated viruses emerging in Indonesia.

Responsibility of Local Governments in Fulfilling the Right to Food

Government Regulation Number 17 of 2015 concerning Food Security and Nutrition states that the Provincial Government, Regency/City Government, and/or Village Government implement policies and are responsible for the implementation of food security in their respective regions. Food security must be prioritized, and support from the Local Government and the Central Government in maintaining food security is important to prevent food crises. This study aims to analyze the policy of the Regional Government in managing food needs and providing food reserves so as to provide protection for the fulfillment of the right to food in South Kalimantan. Through socio-juridical research methods (socio-legal) using an interdisciplinary or "hybrid" approach between aspects of normative legal research through sociological approaches using qualitative analysis methods, it will be possible to observe the compatibility between das sollen and das sein, namely the integrity of a detailed and careful explanation of legal issues between law in book and law in action. As a form of responsibility, the Provincial Government of South Kalimantan has stipulated Regional Regulation and Regency/City Regulation as well as Regent/Mayor Regulation related to food as a legal basis in making policies/programs/activities related to food management and also providing food reserves so that communities are protected and the rights to their food are fulfilled both in quantity, quality, safe, diverse, nutritious, equitable and affordable. The regulation made is also should not contrary to the religion, beliefs, and culture of the community, so that the community and the individuals are able to live healthy, active, and productive sustainably. The government is also coordinating the agencies/SKPD Regional Government both vertically and horizontally, and carrying out cooperation about this matter with other regions.