Legal Research Method Research Articles

Legal Culture and Disability Rights in Indonesian Islamic Higher Education: A Review of Practices

This research aims to examine disability rights in relation to Islamic universities in Indonesia, paying attention to the legal culture concerning equal opportunities for disabled people. As a qualitative study with an empirical legal research method, this research will therefore gather information from various sources to examine current practices concerning regulations, facilities, and academic and social support, and disability education in Islamic higher learning institutions. The findings indicate that there is a major disparity between the legislation and the realities on the field. Implementation of strategies is poor, and a number of strategies are even ineffectual. Lack of physical infrastructure, academic accommodations, and training on the disability topics are some of the main challenges regarding full inclusion. Based on the study findings, it is suggested to enhance and expand the existing policies that include all parties and policies based on Islamic values that support equality and social justice. The final section reiterates the call for the reform of institutional culture and the advocacy of continuous public education to achieve cultural change.

Legal Consequences of Occupational Accidents in the Construction Industry a Criminal Law Perspective

The increasing number of accidents and losses due to work accidents, as well as potential hazards in the production process, require effective, comprehensive, and integrated Occupational Safety Management in the management of the company. Work accidents are often caused by unsafe activities, which can be caused by lack of knowledge and skills, physical disabilities, fatigue, and unsafe attitudes and behaviors. This study uses normative legal research methods with a statutory approach and a case-based approach. Sources of legal materials used include primary, secondary, and tertiary legal materials. The results showed that corporate crimes, including criminal liability of negligent companies in managing worker safety, can result in the loss of workers ' lives. The government has very little control over the implementation of occupational safety laws, and companies are still minimal in capital to improve K3 services for employees. In addition, the lack of publications and information on Occupational Safety and health, especially in rural communities, contributes to the aggravation of this condition.

Resolution of Consumer Disputes for Compensation Through Compliment Night Reviewed From Economic Analysis Of Law Theory

When there is an agreement between the consumer and the business actor regarding participation as a member, the agreement that has been made together creates rights and obligations for each party and must be implemented in good faith. As agreed, the business actor has the right to receive a certain amount of payment and is obliged to provide member facilities such as accommodation, spa, gym and other services as agreed. On the other hand, the consumer has paid a certain amount of money as a member but has not received one of his rights, namely a complimentary night (lodging) for two nights at the hotel. Consumers have asked for their rights several times but business actors have not been able to fulfill them. The question arises, how to resolve disputes regarding compensation for consumer compliment night rights in terms of economic analysis of law theory? This case was resolved through court. The research method in this research uses a normative legal research method with a case approach. This research uses the theory of Economic Analysis of Law. The results of this research are to determine the resolution of compensation disputes regarding consumer rights in terms of economic analysis of law theory.

Resolution of Consumer Disputes for Compensation Through Compliment Night Reviewed From Economic Analysis Of Law Theory

When there is an agreement between the consumer and the business actor regarding participation as a member, the agreement that has been made together creates rights and obligations for each party and must be implemented in good faith. As agreed, the business actor has the right to receive a certain amount of payment and is obliged to provide member facilities such as accommodation, spa, gym and other services as agreed. On the other hand, the consumer has paid a certain amount of money as a member but has not received one of his rights, namely a complimentary night (lodging) for two nights at the hotel. Consumers have asked for their rights several times but business actors have not been able to fulfill them. The question arises, how to resolve disputes regarding compensation for consumer compliment night rights in terms of economic analysis of law theory? This case was resolved through court. The research method in this research uses a normative legal research method with a case approach. This research uses the theory of Economic Analysis of Law. The results of this research are to determine the resolution of compensation disputes regarding consumer rights in terms of economic analysis of law theory.

Правовое регулирование возмещения вреда, причиненного преступлением в энергетической сфере

The article considers the issues of sufficiency of legal protection of the fuel and energy complex. Based on the method of comparative legal research and analysis of statistical information using formal logic, it was concluded that it is necessary to develop institutional foundations for compensation for harm from criminal acts to certain energy objects. It is proposed to single out the fuel and energy complex as a separate object of criminal law protection; clarify the procedural form of compensation for harm in the commission of crimes in the field of energy; at the local level, build and revise internal legal models in accordance with the risks of each individual company.

The Importance of Surveyors and GPS Technology in Systematic Land Registration in Georgia: A Study of the Challenges and Opportunities

The purpose of this work is to explore the historical and contemporary importance of land registration, focusing on the crucial role played by Georgia’s surveyors. The paper concentrates on the combination of GIS-based state systems with GPS PlateTalk map registrations to resolve conflicting cadastral information as well as for accurate ownership record keeping. The Georgian absence of a unified legal and administrative framework significantly complicates land boundary delineation leading to disputes among surveyors. To standardize surveying practices and improve accuracy, an all-encompassing legal framework must be put in place. The study adopts historical, comparative legal, and hermeneutic research methods using examples from Germany and Holland that demonstrate how such advanced technologies as drones, LiDAR, and blockchain can enhance the precision, speed, and security of survey practice. Furthermore, professional education investment must be increased in both teachers and attorneys who are also informed about Geoinformation Systems (GIS), thus enabling them to perform their functions properly when it comes to law matters concerning land registers. Conclusions urge policy-makers to invest in modern technological gadgets as well as engage in legislative reforms that would make their cadastral systems stronger. That would result in the creation of robust cadastral systems by investing in modern technology as well as carrying out legal reforms that would modernize their existing cadastral systems.

Permafrost degradation is a legal matter

New topical problems of permafrost degradation are identified in the context of a new sphere of legal regulation, primarily in the Arctic countries, with an emphasis on the legal problems of Russia. The object of research in the article consists of various legal consequences of the said phenomenon, manifested on very sensitive ecosystems, human, industrial, transport land spaces, that is, outside the maritime spaces. The study is based primarily on an integrated legal approach and appropriate legal instruments to address the emerging economic and legal consequences of the degradation of permafrost. This approach makes it possible to substantiate the recognition as an independent object of regulation of the phenomenon of permafrost and the need to develop its own legal conceptual framework. This approach is justified at both the national and international levels, as well as in the analysis of specialized and modified law institutions of the Arctic States. The article applies the advantage of the comparative legal method of studying the legislation of the Arctic states, as well as interdisciplinary and intersectoral methods of legal research. As a result, the need for a new independent scientific and applied integrated study of the legal problems of the degradation of permafrost can be considered. One of the conclusions of the work included the need to create international specialized legislation in the form of a model act. Research in the proposed format may determine the structure and content of future international legal regulation and the institutions that support it.

Criminal Fine In The Crime Of Alcoholic Drinks Smuggling

The aim of this research is to determine the criminal sanctions imposed by fines on perpetrators of the crime of smuggling alcoholic beverages. The method used in this research is a normative legal research method using a statute problem approach. The results of this research are that the forms of sanctions given to perpetrators of the crime of smuggling alcoholic beverages are categorized based on the smuggling carried out in the import and/or export sector. Smuggling carried out in the import sector is subject to sanctions with a minimum imprisonment of 1 (one) year and a maximum imprisonment of 10 (ten) years and a fine of at least IDR 50,000,000.00 (fifty million rupiah) and a maximum of IDR 5,000. 000,000.00 (five billion rupiah), and smuggling in the export sector with a minimum prison sentence of 1 (one) year and a maximum prison sentence of 10 (ten) years and a fine of at least Rp. 50,000,000.00 (fifty million rupiah ) and a maximum of IDR 5,000,000,000.00 (five billion rupiah).

Perlindungan Penanaman Modal Asing dan Pengaruh Pertembuhuan Ekonomi Berdasarkan Neo-Classical Economy Theory

Foreign investment is a leading sector and provides many benefits for the welfare of society. Investment in the tourism sector, especially the hotel sector, is wide open to foreign investors, both full ventures and joint ventures. This research uses normative juridical legal research methods. Regulations regarding Foreign Investment (PMA) in Indonesia are currently in Law Number 25 of 2007 concerning Capital Investment (UUPM) with several amendments through Law Number 11 of 2007 of 2020 on Job Creation. At the time of its birth, the UUPM was considered a breakthrough which was born as a new law and included domestic investment legislation (PMDN). Safe investments require legal protection from the government so that they can be run with a better business plan. Government policies that support investors towards investment security will be a big attraction for investing in Indonesia. To attract investors who want to invest their capital, it is necessary to build a supportive environment, work opportunities and permits that can be mutually beneficial. It can be concluded that politics has a big influence on the entry of foreign investors

Quo Vadis Penegakan Hukum Bermartabat: Kritik Terhadap Penegakan Hukum Berlandaskan Stigma No Viral No Justice

Introduction: The emergence of the law enforcement phenomenon based on the stigma of no viral no justice gives a bad image to the face of Indonesian law enforcement, because it leads to a form of law enforcement that is no longer dignified. As a result, the victims must use it in the form of viralizing the case they are experiencing so that they can rally the external power of the public.Purposes of the Research: This paper aims to analyze and examine a number of points that are the basis for law enforcement criticism based on the stigma of no viral no justice.Methods of the Research: This paper uses normative legal research methods. The approaches used are conceptual approaches, theoretical approaches and analytical approaches.Results / Main Findings: Law enforcement based on the stigma of no viral no justice in recent years has tarnished the face of Indonesian law enforcement. In fact, this condition has "legitimized" law enforcement to no longer be dignified because it is not in accordance with the principles of law enforcement as it should be. This paper offers three basic criticisms of the form of law enforcement with these conditions, including: first, the occurrence of deviations from the principle of equality before the law. The law no longer views the position of each legal subject as equal and equal without discrimination, but rather views whether the case is viral or not; second, the shift and change of the basic meaning of legality from no crime without criminal acts, to no crime without the virality of criminal acts/no crimes without going viral first; Third, the enforcement of the stigma of no viral no justice drags the goal of the law in obscurity to arrive at its noble mission in realizing justice, legality and legal certainty.

Kepastian Hukum Sema Nomor 2 Tahun 2023 Terhadap Pencatatan Perkawinan Antar-Agama Dalam Bingkai Kebhinnekaan Indonesia

Introduction: Religious diversity in Indonesia has led to the practice of interfaith marriages, resulting in legal uncertainty. On July 17, 2023, the Supreme Court issued Circular Letter No. 2 of 2023 (SEMA 2/2023) to provide guidance to judges on adjudicating requests for the registration of interfaith marriages.Purposes of the Research: This study aims to analyze the implementation of SEMA No. 2 of 2023 concerning the registration of interfaith marriages within the framework of Bhinneka Tunggal Ika in Indonesia.Methods of the Research: The legal research method used is normative/doctrinal, with a qualitative research approach that includes legislative analysis of relevant regulations and conceptual analysis using legal theories related to the study.Results of the Research: The study reveals that SEMA 2/2023 provides legal certainty consistent with Indonesia's religious diversity and the Bhinneka Tunggal Ika motto. However, some judges continue to approve requests for the registration of interfaith marriages even after the issuance of SEMA, as evidenced by Decision No. 423/Pdt.P/2023/PN Jkt.Utr dated August 8, 2023. Thus, SEMA 2/2023 is insufficient to address the legal uncertainty surrounding interfaith marriages in Indonesia, despite its alignment with the spirit of Bhinneka Tunggal Ika. Legal harmonization across various regulations is needed to achieve the desired legal certainty.

Analisis Perlindungan Hukum bagi Kurir dalam Kasus COD Melalui Transaksi E-Comerce

In the era of technological development and online business, electronic buying and selling transactions are increasingly common. E-commerce refers to all buying and selling activities carried out through marketplace media. Marketplace itself is an e-commerce model that acts as an intermediary between sellers and buyers. Sellers who transact on the marketplace only need to buy. All other activities, such as website management will be handled by the platform. Examples of platforms such as Shopee and Lazada are two examples of markets.The purpose of this writing is to provide information to readers about legal protection for couriers. This research uses normative juridical methods. The normative juridical method is a legal research method that uses library materials, literature studies or secondary data sources as reference material for research. The library materials that the author uses in this research are statutory regulations. Based on this method, the research was carried out using a statutory approach and a conceptual approach. The approach to legislation (statute approach) is carried out by reviewing all laws and regulations related to the legal issue being discussed (researched). The conceptual approach departs from the views and doctrines that have developed in legal science.

ENHANCING THE LEGAL FRAMEWORK FOR SUSTAINABLE PUBLIC PROCUREMENT: A COMPREHENSIVE SUSTAINABLE DEVELOPMENT PLAN FOR INDONESIA

The concept of “sustainable public procurement” has emerged worldwide. It instructs governments to prioritize sustainability throughout the procurement process in the economic, social, and environmental aspects. Such a concept is significant as the government has an enormous purchasing power to stimulate the market. Nonetheless, past empirical research indicates that in the context of Indonesia, the country has not addressed several vital issues on sustainable public procurement despite the worsening environmental degradation. There have been no specific guidelines and capacitybuilding system established for government officers. Therefore, this paper aims to discuss this problem from the perspective of law and suggest the necessary improvements in the legal framework, utilizing normative legal research methods focusing on the applicable laws. Through a comparative approach, using statutes and conceptual frameworks, this study examines the Indonesian current legal instruments governing sustainable public procurement. Several other countries will be used as exemplars of best practices. This research finds that the legal framework of sustainable public procurement in Indonesia is relatively inadequate compared to other countries, particularly regarding guidelines for implementation and institutional cooperation. In addition to its Presidential Regulation Number 12 of 2021, Indonesia should strengthen the planning, monitoring, and enforcement mechanisms through strategic overarching plans and further regulations to foster the effective implementation of a system of sustainable public procurement.

Pengaruh Dampak Pernikahan Dibawah Umur pada Perempuan dalam Perubahan Batas Usia Perkawinan

Early marriage is the marriage of someone before the age of mental and physical readiness. Therefore, marriage should be done after adolescents reach adulthood, because unpreparedness for marriage will affect married life. Impacts such as the number of divorces, deaths of mothers and children due to the age of the mother who is still too young and does not have the strength to be physically and mentally ready so that it can endanger the lives of both will often be found. Based on the developments in society and the applicant to be able to make changes because it is considered to violate the rights of children in child protection, the Indonesian government then updated the Law on limiting the age of marriage in Law Number 16 of 2019. This article uses the approach method used in this writing is the statutory approach (statue approach) and uses the normative legal research method. Primary legal materials consist of laws and regulations related to the object of research, namely, Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage, Law Number 23 of 2002 concerning Child Protection, decision letter of the Constitutional Court Number 22 / PUU-XV / 2017 concerning approval of changes regarding marriage age limits and other laws and regulations related to this research.

A New Challenge on Consumer Protection with Disclaimer Inclusion in E-Commerce Sites in Indonesia

AbstractThe development of information and technology has brought the economy to a new stage known as e-commerce. The presence of e-commerce also presents a new problem in society, namely the presence of a disclaimer. To examine these problems, this research uses normative legal research methods. This research shows that the disclaimer is a form of standard clause. As a form of e-commerce consumer protection, the standard clause must comply with the provisions regarding standard clauses as stipulated in statutory regulations. In Indonesia, e-commerce is regulated in Law No. 19 of 2016 concerning Electronic Information and Transactions. So, the implementation of the disclaimer in e-commerce transactions must be adjusted to the existing laws in Indonesia. Keywords: E-Commerce; Disclaimer; Consumer Legal Protection.

Analysis of the access to electronic communications metadata for the purposes of criminal law enforcement in Bosnia and Herzegovina

Objective: This research intended to analyse the adequacy of the legal frameworks of the access to electronic communications metadata in Bosnia and Herzegovina for the purposes of law enforcement with the current Law of the European Union, an essential topic for balancing the effectiveness of criminal investigations with the fundamental rights of citizens in the current connected societies, moreover as the negotiations for accession are currently ongoing. Methodology: The Comparative Method of Legal Research, in the strict sense, was mostly followed, also taking into consideration the Case Law of the Court of Justice of the European Union and the privacy and data protection policies of the main electronic communications operator in Bosnia and Herzegovina. Results: After identifying and evaluating in detail the main issues arising from the current national legislation of Bosnia and Herzegovina, this research shows that, in general terms, it is already compatible with the rules and principles in force in the European Union, following the case-law of its Court of Justice. Contributions: The research puts into evidence the current state of the Sources of Law in Bosnia and Herzegovina and how they are adjusting to the standards of the European Union, especially regarding privacy and data protection in electronic communications, as well as points out the necessary legislative initiatives in order to achieve a full compliance of criminal investigations with such standards, that may serve as guidelines for the other countries also in accession processes.

Pertanggungjawaban Pidana Pelaku Black Campaign di Media Sosial Dalam Penyelenggaraan Pemilihan Umum 2024

Election campaigns are activities of election participants or other parties appointed by election participants to convince voters by offering the vision, mission, programme and/or self-image of election participants. In the practice of implementing election campaigns, there are campaign behaviors that harm other parties which are classified as black campaigns. This research is to find out the regulation of black campaigns in Indonesia and criminal liability for perpetrators of black campaigns on social media in the 2024 elections. This researcher uses normative legal research methods and a statute approach and case approach. The results of this study are that black campaigns are regulated in the Criminal Code articles 310 and 311 of the Criminal Code which regulate insults and defamation. in law number 1 of 2023 concerning the Criminal Code in article 263 paragraph 2 regarding broadcasting or disseminating false news or notifications and article 433 paragraph 1 and paragraph 2 regarding attacks on honor / defamation and the law on general elections in article 280 letter c jo 521 regarding prohibitions in campaigns and in the Law on information transactions and electronics in articles 27, 28, 45 and 45 A regarding the prohibition of insults and / or defamation. The criminal responsibility of the perpetrators of black campaigns is that if the elements of guilt can be proven, then they are liable to imprisonment and / or fines.

Concrete Form of Legal Protection Against Buyers in Good Faith in The Buy and Buy of Land

The principle of good faith receives less attention than other principles in civil law literature. This study aims to determine how buyers who buy and sell land in good faith are protected by the law. The normative legal research methods used in this study are utilized. One concrete form of legal protection for buyers who act in good faith is that if a judge decides that the buyer is a buyer who acts in good faith, he or she must also decide the status of the sale and purchase that has taken place. These are the findings of the research study that are the subject of the discussion. Is the sale and purchase object still the buyer's property, or does the sale and purchase status end and the buyer has to pay back the seller the money? Rather than having to file a lawsuit in court, which takes a considerable amount of time and cannot guarantee buyers' certainty of legal protection, this type of thing is certain to be sufficient to provide buyers in good faith with protection.

Urgensi Pemberian Izin Pengelolaan Tambang bagi Organisasi Kemasyarakatan "Keagamaan" di Indonesia: Analisis Regulasi dalam PP Nomor 25 Tahun 2024

Government Regulation No. 25/2024 on the Amendment to Government Regulation No. 96/2021 on the Implementation of Mineral and Coal Mining Business Activities has sparked heated debate in Indonesia. One of the controversial points is the provision that allows religious community organizations to obtain mining business licenses, which is contrary to Law No. 3 of 2020 concerning Mineral and Coal Mining. The writing of this research uses normative legal research methods that emphasize in-depth study of laws and regulations that exist in society. This research was conducted to find out how the form of decisions on mass organizations that apply for licenses in PP No. 25 of 2024 and how efforts to apply for WIUPK by mass organizations according to PP No. 25 of 2024 and Law No. 3 of 2020. The research that will be outlined in the form of this article is entitled "The Urgency of Granting Mining Management Permits for "Religious" Mass Organizations in Indonesia: Regulatory Analysis in Government Regulation Number 25 of 2024" aims to examine these provisions in depth. This journal will analyze the urgency of granting mining permits for religious mass organizations, with an emphasis on the regulatory aspects contained in PP No. 25 of 2024.

Reconstruction of The Restitution Concept In Handling Corruption Cases

<table border="0" cellspacing="0" cellpadding="0"><tbody><tr><td valign="top" width="388"><p class="TableParagraph"><em>This research focuses on the reconstruction of the concept of restitution in handling corruption cases. restitution sanction is one of the sanctions that only exists in corruption crimes. this sanction has special characteristics in accordance with the spirit of eradicating corruption crimes, namely restoring state losses. the issues raised in this research are about the portrait of the construction of additional criminal sanctions for restitution payments in the Anti- Corruption law and the analysis of the reformulation of criminal sanctions for restitution payments in the Anti-Corruption law as criminal law reform. this research uses the normative legal research method of jurisprudence, with a qualitative approach to concepts, statutes and doctrines. The conclusion of the research is that the imposition of restitution payments in the eradication of corruption as stipulated in Article 18 of the Law on the Eradication of Corruption is a means that can be applied to realize recovery efforts or recovery of state finances caused by criminal acts of corruption, The payment of restitution is imposed on the perpetrator of the crime of corruption in the amount of property obtained from the crime of corruption and the amount of property that has been transferred by the perpetrator to another party where the other party is not prosecuted and does not commit an illegal act of criminal law must still be sanctioned by restitution and the sanctioning of the perpetrator of the crime of corruption must use the classification of the perpetrator in the category of the position being held. In addition, the indictment against the crime of corruption must be accompanied by the formulation of a request for restitution sanctions against the perpetrators of corruption.</em></p></td></tr></tbody></table>