Juridical Foundations Research Articles

Demonstrating ChatGPT possibilities for the libraries

The authors analyze the materials in librarianship generated with artificial intelligence (AI). They demonstrate that AI generates the texts very close to the common style and format of publications in the area. The goal of the article is to warn the users of the AI-generated works and possibly, to prevent violation of publishing ethics. The authors undertook comprehensive comparison to evaluate the quality and similarity of text materials, and application of the generated predictive text (GPT) technology in librarianship. The advantages and disadvantages of both approaches are revealed. The findings of the study are important to understand the AI capabilities and limitations in librarianship and to identify the contexts where the computerized systems are most efficient as compared to human authors. The ChatGPT is an excellent reference and complementary tool based on the accumulated samples. The materials created by ChatGPT are legally close to encyclopedic or dictionary entries, however, they have no actual author(s), i.e. these materials are independent creative works therefore they can hardly be protected by general copyright. The authors recommend to indicate the AIgenerated parts of works, argue that further development of juridical foundations for GPT materials is needed, and invite everyone to discussion.The study is accomplished within the framework of the NRU HSE Fundamental Studies Program.

Putusan Hakim dalam Memutus Perkara di Luar Dakwaan Jaksa Penuntut Umum

Judges in deciding cases outside the indictment of the public prosecutor must be based on justice. The formulation of the problems in this study are 1) How is the judge's decision in deciding cases outside the indictment of the public prosecutor? 2) What is the philosophical, sociological and juridical basis for categorizing criminal verdicts outside the indictment of the public prosecutor as a legal formation? The research method used is normative juridical research. The data sources used in this research consist of secondary data. Based on the research results, it shows that 1) The judge's decision in deciding cases outside the indictment of the public prosecutor in the practice of its application, the judge has a basic reason for legal considerations that lead to a sense of legal justice for the community. Criminal decisions outside the indictment of the public prosecutor according to applicable progressive law have a strong legal position based on the principle or principle of freedom of judges to examine and decide cases. and 2) The philosophical, sociological and juridical foundations categorize criminal decisions outside the indictment of the public prosecutor as a legal formation, namely the judge in examining and deciding cases is obliged to apply legal provisions, so that they have a basis for deciding criminal cases outside the indictment of the Public Prosecutor as a legal formation.

Pancasila as Juridical Basis in the Merdeka Curriculum in Primary Schools

Education in elementary schools has a central role in forming students' character and independence. The Merdeka Curriculum as an innovation in the field of education in Indonesia emphasizes student independence and the development of their potential. However, its implementation requires a deep understanding of the legal aspects of education. The juridical basis is key in ensuring the conformity of the Merdeka Curriculum with the applicable legal framework. The aim of this study is to explores the role of juridical foundations in implementing the Merdeka curriculum in elementary schools. This research was designed using qualitative methods using a library research approach (literature review). The research results show that the Pancasila educational philosophy has to become the main foundation in the national education system. Pancasila recognizes the truth of knowledge that comes from revelation, reason and experience. As a regulatory norm that must be upheld, Pancasila is a guideline in the legal order in Indonesia. A deep understanding of Pancasila values is very important in realizing education that reflects its basic principles. It is hoped that the consistent application of the Pancasila educational philosophy can encourage the realization of Indonesian human development in accordance with the values reflected in Pancasila as the state philosophy and ideology.

A History of COVID-19 Handling in Indonesia: A Review of Legal Strategies

Objective: To combat the Covid-19 pandemic of 2020-2022, the Indonesian Government may use legal politics. Due to this, its legal politics should adhere to the philosophical, sociological, and juridical foundations outlined in Indonesia's health laws and regulations. Method: Literature reviews were conducted throughout this article to research and interpret health laws and regulations, as well as policies governing infectious disease outbreaks. Normative juridical principles are incorporated into writing as well as qualitative analysis. Result: The result of this study indicates that Indonesia's Legal Politics or Legal Policies are not only aimed at preventing health problems, but also at anticipating how the Covid-19 pandemic will impact state finances and stabilize the national economy. As a result, the Government chooses legal policies that combine the Health Constitution, Communicable Disease Outbreak Constitution, Regional Emergency Constitution, and Disaster Management Constitution. Covid-19's legal policies are intended to prevent health problems as well as anticipate state finances' effects. Conclussion: It can be concluded that the Legal Politics or Legal Policies chosen by the Government of Indonesia in dealing with Covid-19 are not only focusing on the health problem alone but also anticipating the financial consequences and impact of the Covid-19 pandemic on the state's budget and stabilization of the national economy.

The Role of Legal Aid And Consultation Agencies Faculty of Law University of Muhammadiyah Sukabumi to Prevent Domestic Violence

This research was motivated by the ineffectiveness of the efforts of the government and social institutions, law enforcement agencies in reducing the number of domestic violence that occurs in the community, and especially for the role of legal aid institutions that provide legal assistance in assisting domestic violence cases is still ineffective, because people who need legal assistance in accessing legal aid in domestic violence cases are still low, especially people in the Sukabumi Regency area in terms of prevention and Legal assistance in domestic violence cases by Legal Aid Providers is still not well coordinated. Therefore, research was conducted with concrete objectives on how to step the strategy pattern of the role of the Legal Assistance and Consultation Institute (LBKH) Faculty of Law, University of Muhammadiyah Sukabumi, in tackling domestic violence crimes in Sukabumi. The research method used is descriptive-analytic, that is, explaining existing data from relevant materials and analyzing them with reference to juridical foundations. The wrong approach that will be taken is to make observations in advance of an existing problem by being studied qualitatively and quantitatively, making a pattern the concept of handling the provision of legal assistance between LBKH and the Local Village Area. The results showed that with a pattern of strategic concepts applied between the cooperation of LBKH and the local village government, it can be possible to emphasize domestic violence cases in Sukabumi Regency by also focusing on the concept of domestic violence together with social institutions, law enforcement, and other institutions. With legal aid institutions in the regions tackling domestic violence cases in the community, solutions can be found by forming a pattern of joint handling concepts both in terms of prevention and legal assistance can run effectively, especially so that the role of legal aid institutions in providing legal assistance for domestic violence cases is maximized, especially in terms of prevention and legal assistance.

QANUN OF SHARIA FINANCIAL INSTITUTIONS: ECONOMIC BENEFITS AND MAQĀSID AL-SYARĪ'AH

This study focuses on two things, namely; first, explaining the substance of Qanun Aceh Number 11 of 2018 and second, finding and explaining the connection of this Qanun with the economic benefits of the Acehnese community in the perspective of maqāsid al-syarīah. Through the literature study and data document review of the Aceh Statistics Agency, it was found: First, Qanun Aceh Number 11 of 2018 has been in effect in Aceh for 4 (four) years. This law consists of XII chapters and 67 articles. In consideration, the philosophical, historical, sociological, and juridical foundations of this qanun are explained. This study found that all financial institutions operating in Aceh must be based on sharia principles even if they are not labeled sharia. This conclusion is reinforced by the explanation of article 3 of this law in relation to the universal basis that adheres to the principled system of conducting business activities in the financial field that applies in general while still referring to sharia principles. This conclusion shows that this Qanun offers the Islamization of financial institutions in Aceh substantially not formally. Second, in the perspective of maqāsid al-syarī'ah, this Qanun has not shown a significant increase in the economic benefits of the people of Aceh. This conclusion is supported by BPS Aceh data on economic benefits. There are 4 (four) indicators used to measure it, namely; economic growth rate, CPI, poverty profile, and financial access to UMKM. The word has not been used to explain that this Qanun has only been implemented for 4 (four) years and was interrupted by the Covid 19 pandemic. Therefore, it cannot be concluded that the SFI Qanun does not affect the economic benefits of the Acehnese community. Unless it has not given a significant influence for the economic benefits of Aceh practically-factually.

Development of Islamic Sharia-Based Curriculum in Islamic Universities in Aceh: A Study on the Implementation of Aceh Qanun Number 9 of 2015

This study aims to examine the implementation of an Islamic Sharia-Based Curriculum (KBSI) at Islamic Colleges (PTKI) in Aceh. This qualitative study used the purposive sampling method to select the participants, including five college leaders and 50 lecturers from UIN Ar-Raniry, IAIN Lhokseumawe, University of Muhammadiyah Aceh, STIS Al-Hilal Sigli, and STAI Teungku Chik Pante Kulu. The data were collected through interviews, observation, and documentation. The research shows that the strategy for developing an Islamic Sharia-based Curriculum (KBSI) at PTKI in Aceh is conducted by an integrated model, separated subject curriculum and correlated curriculum. The policy for developing an Islamic sharia-based curriculum at PTKI in Aceh refers to philosophical, sociological, historical, and juridical foundations in the form of Aceh qanuns. It further finds that the development of an Islamic sharia-based curriculum at PTKI in Aceh is an effort to guide the young Acehnese generations who are sharia-compliant and tolerant using special autonomy opportunities. Meanwhile, the difficulties in developing this curriculum are due to Aceh's internal and external PTKI factors. The obstacles are due to internal factors where PTKI leaders do not respond to the opportunities for KBSI reconstruction. On the other hand, obstacles also deal with external factors where collaboration between PTKI and the Aceh government in the context of KBSI reconstruction is less optimal.

Empowering the community on legal protection in e-commerce transactions

The implementation of a community service program sponsored by the Legal Aid Institution of Ichsan University Gorontalo. The initiative took place at the office of the sub-district head in Dulalowo Village, Central City District, Gorontalo City, where the community faced challenges in comprehending the legal regulations governing electronic transactions (e-commerce). This lack of awareness often led to disputes and losses between businesses and consumers. The program aimed to empower the community through the empowering the community on legal protection in electronic transactions (e-commerce) program. A combination of surveys, questionnaires, lectures, and discussions was employed to achieve the desired outcomes. The results of this community service initiative demonstrated a noteworthy improvement in the participants' understanding of legal norms and juridical foundations concerning electronic transactions (e-commerce). As a result, the community became more discerning and cautious when engaging in online transactions, now equipped with knowledge about safe and secure strategies for conducting such transactions. The positive impact of this endeavor contributes to a more informed and confident community in Gorontalo City, fostering a thriving e-commerce environment for both businesses and consumers alike

Establishment of Special Court for Health Service Disputes: Opportunities and Challenges

This study analyzed the establishment of Special Court for Health Service Disputes which is based on the occurrence of a legal vacuum and the existence of certain advantages that will be regulated in the Special Court for Health Service Disputes. The non-regulation regarding the Law on Special Courts for Health Service Disputes in Indonesia can be interpreted as a legal vacuum because a judicial institution has not been established that can enforce the law to the fullest and has legal certainty. It can also result in the emergence of injustice in society. Therefore, this study was a juridical - normative research using a legal approach and a conceptual approach. The results of the study found that the establishment of Special Court for Health Service Disputes could be performed within the scope of criminal justice and under the general court as stipulated in Article 27 of Law Number 48 of 2009 Concerning Judicial Powers which has its own characteristics which include philosophical, sociological and juridical foundations. The urgency of the establishment of special court for health service disputes was due to a legal vacuum (rechtsvacuum), the advantages of a special court for health service disputes, the specificity of the malpractice case, ad hoc judge and restitution.

Penyelesaian Sengketa Pegadaian Syariah Melalui Badan Penyelesaian Sengketa Konsumen (BPSK)


 
 Dispute resolution institutions can be used both for litigation and non-litigation dispute resolution. One of the dispute resolution institutions is the Consumer Dispute Settlement Agency (BPSK), which is regulated in Law Number 8 of 1999 concerning Consumer Protection. The UUPK and BPSK procedural law spell out the responsibilities and authorities of the BPSK. Currently, there are no restrictions on the types of consumer disputes that can be handled by BPSK with business actors and consumers. Regarding the authority of the BPSK in solving problems, especially in the field of Islamic finance, it is often the subject of discussion considering that each institution has different juridical foundations. The research method used is qualitative research using a juridical-normative approach. In Dispute Resolution at BPSK, the parties must first reach an agreement in the form of a contract before proceeding with dispute resolution through BPSK, which is basically a voluntary choice between the parties. BPSK cannot be used to resolve disputes if one party disagrees. Although envisioned as a weapon for consumers seeking justice, implementation remains challenging. This is because legal arrangements do not conform to assumptions, in particular answering buyer inquiries online quickly, effectively and efficiently. Apart from that, the UUPK articles are inconsistent, only contradictions between articles and horizontal conflicts with other statutory products. Legal certainty in dispute resolution requires gradual improvement of three components in the Consumer Dispute Settlement Agency: legal structure, legal substance, and legal culture.
 Keywords: Sharia Pawnshop Disputes, Consumer Dispute Settlement Agency (BPSK), Consumer Protection Act

Synchronization Of North Aceh Regent Regulation Number 3 Of 2021 With Government Regulations Number 11 Of 2019

The synchronization of North Aceh Regent Regulation Number 3 of 2021 with Government Regulation Number 11 of 2019 is motivated by the deduction of fixed income for Gampong devices in North Aceh Regency in 2021 which is considered contrary to the Government Regulation, and brings this matter to two main problems, namely, how is the synchronization between the North Aceh regent's regulations and the PP in question. And what are the implications caused by this regulation of the Regent of North Aceh. This research uses normative legal research methods by combining the approach of legislation, conceptual approach, and analytical approach. The legal materials used consist of primary, secondary, and tertiary legal materials. The adjustment of the fixed income of the Gampong device is textually indeed contrary, because it violates the Government Regulation above. However, contextually there are several juridical foundations that authorize regional heads to make budget readjustments in regional financial management, including in terms of fixed income for Gampong devices. The mistaken regulation of the Regent of North Aceh was due to forgetting the juridical basis related to the authority to readjust the financial budget in its consideration, thus causing this regent's regulation to be defective. This state of legal defects may have implications for the cancellation of the regent's regulation in its entirety. Even so, the change in the fixed income of the Gampong device caused by this regent's regulation is still valid, because in this regent's regulation is attached the principle of presumption of validity (persumtion iustae causa). The establishment of future laws and regulations, especially in North Aceh Regency, is important to emphasize more in the stage of harmonization of the draft laws and regulations in a more comprehensive manner, even directly involving all public elements that have the potential to come into contact with the regulations to be formed. Moreover, regulations of an administrative nature such as the regent's own regulations. Because in the prevalence of antinomy between norms it is more often problematic in derivative regulations, especially administrative ones.

Pernikahan Dini dan Dampaknya Tinjauan Batas Umur Perkawinan Menurut Undang-Undang Nomor 16 Tahun 2019 Tentang Perkawinan

Even though the age limit has been set, there are still deviations by carrying out underage marriages. This is clearly contrary to the principles and conditions of marriage outlined by Law Number 16 of 2019 concerning Marriage. Against this deviation, Law Number 16 of 2019 concerning Marriage provides a way out in the form of a dispensation from the court.In this study, the method used is normative empirical. This empirical normative legal research method is basically a combination of normative legal approaches with the addition of various empirical elements. Research results Amended in Law Number 16 of 2019 on Amendments to Law Number 1 of 1974 in Article 7 Paragraph (1) reads: "Marriage is only permitted if a man and woman have reached the age of 19 (nineteen) years." The age limit for women's marriage is based on the readiness for women to marry in terms of education, psychology, and health readiness. These changes have been thought out in a systematic and structured manner followed by philosophical, sociological, and juridical foundations. Marriage does not always bring happiness, especially if the marriage is held at an early age. For those who do not feel happy will always fight and even divorce.

ANALISIS KEBIJAKAN AGRARIA PASCA-REFORMASI

More than 20 years of reform in Indonesia, however, specifically in the issue of agrarian reform, many civic groups and academics consider that the agenda has not become a serious concern for every post-Reform Indonesian President. People still often have to deal with Corporations in order to defend their own land, which has been occupied and cultivated for so long. The high level of agrarian conflicts shows that this commitment is not serious. Especially with the birth of the Job Creation Act which is considered to be a big obstacle for the people. This paper aims to analyze the post-reform agrarian policy, and uses the perspective of the Fifth Precepts of Pancasila and Article 33 of the 1945 Constitution as the philosophical, ideological, and juridical foundations. And using normative research. Researchers try to elaborate on how the ideal conception of agrarian reform in Indonesia and also the realization of policies from this ideal conception by Indonesian leaders post-reform.

Landasan Teknologis sebagai Peningkatan Mutu dalam Pendidikan dan Pembelajaran: Kajian Pustaka

The world of education and learning is developing in line with technological advances dynamically. In overcoming various increasingly complex problems in the world of education and learning, of course, new innovations are needed in providing the right solutions, one of which is developing education and learning patterns in accordance with the technological foundation. The purpose of this article is to provide study material on the technological foundations of education and learning. The method used in this qualitative research is a literature study, where information collection is carried out with documentation through books, journals, articles, and relevant juridical foundations. The technological foundation is the basis used as a reference for ethical theory and practice that involves people systematically supporting and solving various problems or improving quality in the education and learning process. The role of educational technology is basically an effort to improve the quality of education and learning from time to time and must be able to facilitate learning in various conditions encountered. The use of educational technology in general is to make it easier for students to access learning resources that are not limited by distance and time, so that learning can run effectively and efficiently and the quality of education will be better in the future. Conclusions from the presentation of these materials include educational technology which has a broad meaning that emphasizes the education system, while learning technology focuses on implementing learning that is in accordance with the conditions of students.

PERKAWINAN PADA GELAHAN (STUDI LEGITIMASI FOLOSOFIS, SOSIOLOGIS DAN YURIDIS PRAKTEK PERKAWINAN PADA GELAHANG PADA MASYARAKAT HINDU BALI)

This study aims to examine the philosophical, sociological and juridical foundations as well as the conditions for marriage in gelahang according to Balinese Hindu customary law. This research uses a qualitative type of research. Data collection techniques through interviews, observations, and documentation studies. Data analysis uses qualitative data analysis which begins with data accumulation, data reduction, data presentation and data retrieval. Philosophically, marriage in gelahang is formulated as a belief in the ceritra of the Jaratkaru contained in the Upanisads which states that the deceased person, his spirit will be tormented and cannot be reincarnated if he does not have children. Sociologically the family passed on its descendants by other families has a piscological skates that are difficult to decipher in order to establish harmony. Juridically the legal basis of marriage in gelahang is sloka in Manawa Dharmasastra IX. 118 which declares to the sisters, the brethren shall give some part of their share, each a quarter of its share; those who refuse to give it will be locked. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The main conditions of the marriage process in gelahang are not saying goodbye (saying goodbye to ancestors) in the woman's merajan and the existence of a prenuptial agreement. The material for the prenuptial agreement on marriage in gelahang, namely: (1) regarding the answer to the parents, (2) regarding the child, (3) regarding the tangungjawab in the traditional village, (4) regarding the place of burial after death, and (5) regarding the inheritance property.

National Heritages and the Law, A Book Review “Perlindungan Negara atas Warisan Budaya Bangsa”, Dr. Diah Imaningrum Susanti, S.H., M.Hum, M.Pd, Setara Press Malang, 2018, 192 Pages, ISBN: 978-602-6344-53-3

The obligation to appoint a competent authority based on national provisions to provide protection for published works whose authors are not known to represent the interests of the creators and protect the rights of the creators is one of the problems in the context of protecting cultural heritage in the copyright dimension in Indonesia. The book "Perlindungan Negara atas Warisan Budaya Bangsa" contains theoretical and juridical foundations in how the state provides adequate legal instruments in the protection of the nation's cultural heritage in Indonesia.

EKSISTENSI BANK TANAH DALAM HUKUM AGRARIA DI INDONESIA

Development in Indonesia is increasing day by day, it’s resulting in an increasing need for land. However, the limited availability of land will hamper the development process. Based on these conditions, a solution is needed that can guarantee the availability of land. In Law Number 11 of 2020 concerning Job Creation provides a solution related to this, namely the formation of a land bank to ensure the availability of land that can be allocated for future use. This study aims to examine the philosophical and juridical foundations for the establishment of land bank institutions and the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, and the concept of implementing land bank institutions in Indonesia. The research method used is a normative juridical research method. The results show that the philosophical and juridical foundation for the establishment of a land bank is that the state has the state's obligation to create welfare and prosperity for all Indonesian people as stated in the opening mandate and Article 33 of the 1945 Constitution of the Republic of Indonesia. As for the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, which is contained in Chapter VIII concerning Land Acquisition, Part Four concerning Land in accordance with Articles 125-135. Then, the concept of implementing a land bank in Indonesia can be implemented through the land acquisition mechanism of existing community rights and government designation for state lands. In addition, land banks are not only for the development of public interests that are for profit, but also for the purpose of supporting non-profit Social Interest and agrarian reform programs.

Landasan Pendidikan Kurikulum Islami di Aceh

The existence of Islam in the midst of the Acehnese community has given its own color in the history of socio-cultural development for people in the northern tip of the island of Sumatra. Historically, Aceh consisted of various small states such as Peureulak, Samudra Pasai, Pidie and Daya. Aceh is a big country after all the kingdoms unite under the banner of Aceh Darussalah's authority. Every effort, activity and deliberate action to achieve a goal must have a good solid foundation. Therefore Islamic education as an effort to form an Islamic human being, must have a foundation for all the activities therein. Therefore in this paper there will be limited to three foundations in education, juridical, historical and scientific foundations.

Pada Gelahang Marriage: A Legal Pluralism Perspective

Presently, pada gelahang marriages are still controversial within Balinese society in terms of their implementation and the implications. A certain percentage of Balinese approve of pada gelahang marriages, while a certain percentage of people disagree for various reasons. These pros and cons are not tolerated. In fact, the phenomenon of pada gelahang marriages is often confounding to the Hindu community in Bali. Hence, solutions are required. While pada gelahang marriages can be found in many districts and regions in Bali, however, many doubts and problems still arise in their philosophical and juridical foundations. Therefore, research on pada gelahang marriages from the perspective of legal pluralism needs to be done. This research is a qualitative research with a legal sociology approach. Primary data is derived from field data from observations and from the results of interviews of related parties, while secondary data is obtained from literature books using the theory of legal pluralism as a guiding theory in the discussion of research. The results of the study indicate that the pada gelahang marriage has a philosophical foundation, juridical foundation and sociological basis for the creation of values of justice, legal certainty and the benefit of law in the framework of legal pluralism that provides a way to meet Hindu religious law, traditional village customary law and state law to set pada gelahang marriages

EKONOMI KERAKYATAN VERSUS EKONOMI LIBERAL DALAM PANDANGAN FIQH MUAMALAH

The Debate between neoliberalism thought and populist economic thought is concerned by public attention. The interesting thing on this dcebate is the both of them have the different paradigm and have a big influence in public decision making. This paper discuss what are these paradigms, how it was formaed in the history backgrounds, which the juridical foundations to legalize the thinking, and what the fiqh views. This paper use description and analytical method. The result the discuss, that populist economic thought is closer to islamic view than the neoliberalism though in that he populist thought stands on conscience. And the concscience is one of the fiqh substances, especially concerning about economical relation.