Normative Juridical Approach Method Research Articles

Reform of Article 46 Paragraph (3) Letter C of the Broadcasting Law Regarding the Phrase "Prohibition of Advertisements Demonstrating the Form of Cigarettes": Comparative Study With Singapore

<em>This study has been motivated by the weaknesses in the formulation of the Article 46 Paragraph (3) Letter c of Broadcasting Law No. 32 of 2002, which bans only those cigarette ads showing the shapes of cigarettes and leaves room for the tobacco industry to practice indirect advertisement. The focus of this research is to assess the enforcement of limitations on cigarette promotion in broadcasting law and to explore the legal modification of c of Broadcasting Law Article 46 paragraph 3. The method of the study is a normative juridical approach and comparative law method. The findings reveal that current laws in Indonesia have been ineffective in controlling the increase of the smoking population, among the youth in particular, due to a number of issues that the tobacco industry exploits. In contrast, smoking problems are much less prevalent in Singapore which has imposed more stringent policies. Most importantly, the research also discusses that ineffective regulation in Indonesia results from poor enforcement and light punishments offered for violations of the law. Therefore,there is need for restructuring section Article 46 Paragraph (3) Letter c of the Broadcasting Law, by promoting a bitter pill approach towards cigarette advertising, in addition to the current ineffectual position interrogated, to enhance public health.</em>

Penarikan Royalti Hak Cipta Sebagai Wujud Jaminan Fidusia Berdasarkan Hukum Positif di Indonesia

The development of human civilization has given birth to a creative economy that is developing simultaneously. Copyright is one type of Intellectual Property that is given to creators and other parties who have rights to their creations to utilize exclusivity both economically and morally. Indonesian laws and regulations have been able to adjust to economic developments. However, in its implementation there are still gaps in terms of the withdrawal of copyright royalties as objects of fiduciary guarantees. This study aims to determine and identify the optimization of regulations for the implementation of copyright royalties as fiduciary guarantees based on positive law in Indonesia. This study was conducted using a normative juridical approach method, by conducting research through literature as the main research material. Based on the research conducted, it was found that although regulations have regulated copyright to be used as objects of fiduciary guarantees, there needs to be optimization of regulations and collaboration between the government and related institutions along with the development of the creative industry era.

Pemidanaan Terhadap Pelaku Kekerasan Dalam Rumah Tangga (Putusan Nomor 129/Pid.Sus/2021/PN.SdaP)

Physical violence is defined as an act causing the victim pain, suffering, or significant losses. An example of domestic physical violence is found in Decision No. 129/Pid.Sus/2021/PN. Sda. This study investigates two key issues: 1) Whether the criminalization of perpetrators in Decision No. 129/Pid.Sus/2021/PN. Sda meets the provisions of Article 44 Paragraph (1) of Law Number 23 of 2004 concerning the Elimination of Domestic Violence? 2) Whether the punishment in Decision No. 129/Pid.Sus/2021/PN. Sda fulfills the objectives of criminal law? Using a normative juridical approach and library research method, the findings indicate that, per Article 44 Paragraph (1) of Law No. 23 of 2004, the perpetrator should have received a five-year prison sentence. However, the decision did not comply with this legal requirement. The study concludes that the punishment given does not align with the legislative model theory, suggesting a need for a five-year prison sentence. Moreover, the combined theory on the purpose of punishment, which includes providing a deterrent effect and offering guidance to the perpetrator, was not met in this decision. This highlights the necessity for a stricter application of the law to ensure both justice and rehabilitation.

Keadilan Restoratif dalam Dinamika Pembaruan Hukum Pidana Indonesia

The purpose of this study is to assess the effectiveness of the implementation of restorative justice in handling certain criminal cases in Indonesia. The type of research used is descriptive. Which means that this research will be discussed in the form of a presentation that is elaborated in words carefully and thoroughly. In this case, the presentation of the concept of restorative justice as a means of resolving non-litigation cases (outside the court) and its relevance to the dynamics of criminal law reform in Indonesia. The approach method in this study is a normative juridical approach method. As a result, criminal law reform must be formulated with a policy-oriented approach, as well as an approach oriented to the values that live in society. Restorative justice as one of the alternative case resolution in the criminal justice system that focuses on restoring the original situation by involving victims, perpetrators and the community is one of the efforts in criminal law reform that is oriented not only to retaliation.

Settlement of Grant Disputes in the Perspective of Islamic Law (Analysis of Decision Number: 48/Pdt.Sus/2011 About Cancellation of Grant)

In recent decades, grant disputes have attracted considerable attention because the decisions often present debates and the decisions concluded need to reach decisions that are just and in accordance with applicable legal principles. This article will analyse Decision Number: 48/Pdt.Sus/2011 on grant cancellation. The method used in this research uses a normative juridical approach method by examining the results of the decision. This research aims to understand how Islamic law is applied in grant dispute cases, particularly in the context of grant cancellation between parents and their children. Through this case study, the legal bases used by the court were analysed, including the Compilation of Islamic Law (KHI) and the Compilation of Sharia Economic Law (KHES). This study found that the court's decision refers to Article 212 of the KHI and Article 712 of the KHES which stipulates that the grantor can withdraw the grant after the handover has been carried out on the condition that the recipient agrees to it, this provision does not apply to grants from parents to their children. Grants from parents to their children can be withdrawn as long as the child is still alive, according to article 714 paragraph (2) KHI.

Juridical Analysis Of Regulation No. 15 Of 2020 Concerning The Termination Of Prosecution In Criminal Offenses In The Perspective Of The Criminal Justice System In Indonesia

The purpose of this study is to analyze: first, the study of Attorney General Regulation No. 15 of 2020 concerning the termination of prosecution based on restorative justice in the perspective of the criminal justice system in Indonesia. Second, the mechanism for terminating prosecution based on restorative justice based on Attorney General Regulation No. 15 of 2020 has fulfilled the requirements and objectives. This legal research uses a normative juridical approach method. The results of the study concluded that there is a contradiction between the position of Perja No. 15 of 2020 and the justice system in Indonesia. First, it shows that the findings in article 2 of Perja no 15 of 2020 "termination of prosecution based on restorative justice is carried out based on the principles of justice, public interest, proportionality, punishment as a last resort; and fast, simple, and low cost", Second, the mechanism for implementing restorative justice in embezzlement criminal cases consists of a) peace efforts. namely the peace process is carried out voluntarily, by deliberation for consensus, without pressure, coercion, and intimidation b) in the peace process, there are two possible mechanisms, namely rejection or success. The implementation of the peace agreement is divided into two ways, namely: 1) done by returning compensation 2) done by doing something.

Protection of Children's Rights: A Review of Child Marriage Policies in Indonesia, Malaysia, and India

Introduction: Child marriage is a phenomenon that continues and develops, the low knowledge and understanding of the community towards the perception of marriage. Child marriage should not be allowed anywhere in the world as it is a practice that violates general human rights and discriminates against women. Purposes of the Research: In this research, the author will compare the prevention of child marriage in Indonesia, Malaysia, and India.Methods of Research: This research uses a normative juridical approach method. Researchers will study and examine the factors that cause child marriage and its legal protection to prevent child protection in Indonesia, Malaysia, and India. This research uses descriptive analytical research specifications by determining the laws and regulations relating to legal theories that are the object of research.Results of the Research: Indonesia increased the minimum marriage age for both sexes from 18 to 19 with the enactment of Law No. 16 of 2019. Malaysia, meanwhile, sets a maximum marriage age of eighteen. Initiatives to reduce the legal age of marriage, especially for women, have been made in both nations for socio-political and socio-cultural reasons. Alongside these initiatives, India has also ratified several conventions designed to end child marriage. These include the 1976 International Covenant on Civil and Political Rights (ICCPR) and the 1976 International Covenant on Economic, Social, and Cultural Rights (ICESCR), as well as the 1956 Supplementary Convention on the Abolition of Slavery, the Slave Trade, and Institutions and Practices Similar to Slavery.

Strengthening Regulations towards Implementation of Intellectual Property-Based Financing Scheme with YouTube Content as Collateral

This research aims at examining how the regulator can make regulation to optimize financing implementation with <em>YouTube </em>content as a collateral. This research is considered necessary, because besides Government Regulation Number 24 Year 2022 which becomes the basis to give financing under an intellectual property as a collateral, banking institutions might still be in doubt to implement such a financing scheme due to many weak supporting regulations. This research is conducted with a normative-juridical approach method. The research shows that there are still many regulations which have not accommodated the financing implementation of intellectual property-based financing scheme basis, especially those regulations related to valuation, recognition of intellectual property as a banking asset and execution of intellectual property when a debtor default. The weak regulation of these three aspects makes financial institutions doubtful to implement the intellectual property-based financing especially because bank activities are to collect and distribute funds to the society. The conclusions of this research show that basically there has been a method or way to anticipate the three problems, but it needs to be legalized in a form of regulation so that the bank has legal certainty and protection in its financing with intellectual property as the collateral. The regulators are supposed to be able to create regulation to optimize financing implementation with intellectual property as the collateral.

Implication of Individual Company in the Scope of Business Law

The progress and improvement of national development in general and the development of economic activities in particular which has led to the development of the business world and companies, a company requires company legality which is an official source of information for all interested parties regarding the identity and matters concerning the business world and companies established, working and domiciled in the territory of the Republic of Indonesia. With the implementation of Individual PTs based on MSEs, it is a legal and economic development that goes hand in hand and the government in an effort to accelerate this economic growth by implementing the Job Creation Law which in fact follows the development of the digitalisation era. The research method used is the Normative Juridical approach method. The strategy carried out by the government to realise it all is to take a role in economic development by strengthening infrastructure in the form of laws and regulations and implementation. The Job Creation Law No. 11/2020, as many as 49 Implementing Regulations in 2021, is not only a form of competitiveness for foreign investment, but also strengthening for domestic investment including small, micro and medium economies by regulating the formation of individual legal entities.

LEGAL PROTECTION OF THE RIGHTS OF WOMEN WORKERS

Female workers are part of the workforce who carry out work, either for themselves or working in an employment relationship or under orders from employers or other legal entities. The reasons why women enter the world of work include the increasing need and the desire to qualify themselves with the abilities they have. The problem is how the legal protection for the rights of female workers is seen from Law Number 6 of 2023 concerning Job Creation and what are the obstacles in providing legal protection for female workers. Qualitative Research Method using the Normative Juridical approach method. The results of the research are that protection for women in the Job Creation Law is not specifically detailed, but in general the Job Creation Law mentions worker protection without discrimination as stated in Article 153 which was amended from Article 153 of the Manpower Law, in relation to protection of female workers at PT. Indo Marco Logistic includes 1) Protection of Female Workers regarding Menstrual Leave 2) Protection of the Right to Pregnancy and Childbirth Leave 3) Protection of the Right to Breastfeed 4) Protection of Female Workers Overtime and Barriers in Providing Legal Protection to Female Workers including 1) salary inequality between male and female workers who have the same responsibilities and qualifications. The work performed is similar, but the wages received by female workers are lower than their male counterparts. This is a violation of basic rights that must be corrected immediately. 2) Female workers often face discrimination during pregnancy. They are given the same workload without considering their physical and emotional condition. Maternity and paternity leave policies that should provide adequate rest are often ignored. 3) Companies employ female workers late at night without paying attention to health and safety risks. Female workers who are pregnant or have just given birth are prohibited from working from 23.00 to 07.00, but this rule is often ignored.

Law Enforcement against Children as Perpetrators of the Crime of Sexual Abuse in the Study of Human Rights

Law enforcement against children as perpetrators of sexual abuse is a complex problem, especially in the study of human rights. This paper aims to discuss the efforts to balance between law enforcement and human rights protection for children as perpetrators of sexual abuse. The research in this paper uses descriptive analytical research specifications with a normative juridical approach method The results of the paper show that law enforcement on this issue is dominated by imprisonment sanctions for children and the protection of human rights is only limited while the child is undergoing the judicial process and criminal period. Meanwhile, the protection of children's rights after serving the criminal period has not been regulated in the law so that it needs to be reviewed through the reform of the Law on Juvenile Justice System. A balance between law enforcement and human rights protection with a progressive legal approach oriented towards the best interests of children needs to be carried out in order to create a fair juvenile justice system for children as perpetrators and victims.

Independence of Judges in Deciding Criminal Cases Perspective on the Principle of Legality

Judges' independence in resolving criminal cases ensures justice and legal certainty inside the legal system from the standpoint of the legality principle. Independence from unlawful interference, autonomy in interpreting the law, and independence from internal and external pressure are all included. Judges must be strengthened to enhance the concept of judges' independence as much as possible. The legality concept can be seen in judges' suitable and effective resolution of criminal cases, which results in justice and legal certainty. To gain a complete picture of judges' independence in making decisions about criminal cases from the standpoint of legality principles, this study employed a normative juridical approach method, utilizing secondary data gathered through literature research with primary, secondary, and tertiary legal materials. The data was then analyzed using qualitative juridical methods. As a foundation for guaranteeing justice in the legal system, the study's findings indicated that judges' independence in resolving criminal cases from a legal standpoint is crucial. The legality principle, which highlights the idea that there can be no crime without law, must serve as the foundation for judges' independence in making decisions on criminal matters. In order to protect the defendant and uphold justice and legal certainty, the judge is not allowed to overstep or break any of the legal restrictions placed to stop abuse of authority. Beyond imposing penalties that fall short of the legal minimum, judges are also constrained by the idea of legality. Researchers contend that material legality, which emphasizes community-felt justice through ideas like restorative justice, should be added to the definition of legality. More research is still needed on this transition.

AKIBAT HUKUM PENDAFTARAN HAK TANGGUNGAN SECARA ELEKTRONIK TERHADAP KEPASTIAN HUKUM AKTA PEMBERIAN HAK TANGGUNGAN YANG DIBUAT DIHADAPAN PPAT YANG PENDAFTARANNYA MELEWATI JANGKA WAKTU.

This study aims to analyze the legal consequences of electronic registration of mortgage rights to the legal certainty of mortgage deed made in the presence of the land deed officer (PPAT) whose registration passes the specified period. This study examines the impact of the use of electronic mortgage registration system on the validity, validity, and enforceability of deeds carried out under the supervision of PPAT, by raising the issue of how the legal consequences of the deed of Mortgage made before the land deed officer if the electronic mortgage registration past the term and how the legal certainty of the deed. The method used in this research is a normative juridical approach method, namely the fact and legislation approach. The specification of this research is descriptive analysis, namely by describing a condition or position of legal or nonlegal propositions. In this research, the author used primary data types through interviews and observations in the field supported by secondary data in the form of literature studies. Although there is a delay in the registration of the deed of granting mortgage rights (APHT) and the issuance of a Certificate of mortgage rights (HT), it does not cause the cancellation of APHT, as long as it meets the requirements as an authentic deed, because the HT registration process is considered an administrative activity. With the issuance of HT certificate by the Land Office, the creditor obtains legal certainty and preference rights to the HT object in accordance with the provisions of the law. The electronic signing of the HT certificate guarantees the issuance of the HT-EL certificate on the 7th day after receipt of the complete file and payment of non-tax state revenues, even if it falls on a Sunday or holiday. Although the delay in the registration of HT has no legal consequences, it should be noted that in the grace period before the issuance of the HT-EL certificate, the application for confiscation of collateral by the court can potentially harm the creditor because their preference rights may be lost.

Law Enforcement Against Business Actors Who Cause Water Pollution

This research aims to examine law enforcement against business actors who cause water pollution in Cianjur Regency. Today's rapid development has a negative impact on the environment. Liquid waste from industry and domestic is the main cause of water pollution, which threatens the quality of water used as a source of daily needs. This research uses a normative juridical approach and descriptive analysis method. Data is obtained through literature studies by searching for primary materials and supported by secondary materials. The impacts of water pollution by business actors include: a decrease in the quality of water resources, public health problems, and losses for farmers. The implementation of law enforcement against business actors is faced with several obstacles, including the lack of awareness of the importance of the environment and the lack of effective criminal sanctions. To maintain the right to a good and healthy environment, serious environmental protection and management as well as strict law enforcement are required by all parties concerned. Obstacles in law enforcement against business actors who commit water pollution include non-optimal environmental protection and management, violations of existing regulations, and obstacles in the waste filtration process. Therefore, decisive action is needed in law enforcement, including operational requirements, waste treatment, and more effective supervision to control and prevent water pollution in Cianjur Regency.

Smoking in Human Rights Perspective in Indonesia

Smoking is an activity carried out to fulfill one’s pleasure, and for smokers this activity is a natural thing and is a person’s right to smoke. The results of research by health experts smoking and the smoke it causes are very harmful to health, so it is necessary to protect human health and the environment. The problem is how to smoke in the perspective of human rights, because it is related to health and environmental protection. Through the method of normative juridical approach, the results of this study explain that, the basis of a rule of law is the protection of human rights, and human rights in question are the right to a good and healthy environment as explained in several legal provisions governing human rights. Setting the right to a good and healthy environment includes the right to live a healthy life from the effects of exposure to harmful cigarette smoke. The regulation of human rights in the protection of human rights is regulated at the international level, the 1945 Constitution and other statutory regulations up to the regional regulation level. Smoking activity carried out by smokers is not a human right, because the law regulates the provisions of these human rights.

THE CRIMINAL LIABILITY FOR ILLEGAL BANKING ACCESS WHICH HARMS STATE FINANCES

The misuse of developments in information technology has in fact given rise to a new mode of theft crime, namely the development of theft by certain parties who use electronic means. The purpose of this research is to know and analyze the Scope of Cyber Crime by accessing electronic banking systems that harm the Bank's finances, Legal Protection for Banks That Suffer Losses Due to Actors Accessing the Bank's Electronic System, Criminal Liability for Cyber Crime Actors By Accessing Electronic Banking Systems That Harm State Finances. The research method used is library research (library study), in legal research the normative juridical approach method or library law. This crime is often perceived as a crime committed in the cyber area. The mode of operation of this crime continues to develop, along with technological developments. Crimes that arise as a result of the misuse of technological advances are cyber crimes by accessing electronic systems. Cyber Crimeas a crime that uses computer technology as the main component which is very detrimental and disturbing to society is a form of crime found in the mass media, namely all kinds of use of computer networks. Electronic Information and Transactions in the form of cellphones, laptops, internet. Because of this, Cyber Crime is often a reported modes of operation also vary, ranging from fraudulent sales of goods, embezzlement, fraud through stock investment, hijacking customers' ATMs and so on.

Implementation of the Law Regarding the Use of CCTV Cameras as Electronic Traffic Enforcement Tools in the City of Medan

<p>Closed Circuit Television (CCTV) is one of the surveillance tools that can work automatically 24 (twenty-four) which can be used as a tool that helps prevent crime on an object. This research uses a normative juridical approach method. The type of data in this study uses secondary data, and an empirical approach with a qualitative approach. The data sources used are documents and books. Secondary data is data obtained indirectly through literature studies of laws and regulations and publications of previous studies to add information, obtain a theoretical basis and legal basis. Data analysis is described qualitatively, by describing data in the form of sentences that are organized, logical, effective, so that it helps ease of understanding. This research results in the existence of CCTV (Closed Circuit Television) recording evidence recognized as valid evidence, reinforced by the issuance of the Electronic Information and Transactions Law, namely in Article 5 paragraph (1) and paragraph (2) of the ITE Law.</p>

PPAT Liability For Deeds That are Null and Void Because They do Not Meet The Legal Requirements of The Agreement Based on the Civil Code

The cancellation of the PPAT deed through a court decision, not only because of the result of the PPAT error or negligence in making the deed. But the cancellation of the PPAT deed can also be caused by the mistakes or negligence of the parties who bind themselves to each other in the deed, so that the error or omission causes a lawsuit from one of the parties. In a lawsuit stating that the PPAT deed is invalid, it must be proven invalid both from the outward, formal, and material aspects. If it cannot prove it, then the deed concerned remains legally binding for the parties interested in the deed. If the deed can be proven at trial, then there is one aspect that causes the defect of the deed, so that the deed can become a deed that is degraded or a deed under hand, even become null and void. The research method used in this study is in the form of a normative juridical approach method. Specifications The research used in this study is analytical descriptive research. The types and sources of data used by the author are secondary data types, data obtained through data sources of civil law literature studies and primary legal materials, secondary legal materials, tertiary legal materials. Data collection techniques are obtained through literature studies and interviews. The method of analysis in thesis research is in the form of Qualitative Juridical.The results of research on PPAT Liability for Deeds That Are Null and Void Because They Do Not Meet the Legal Requirements of Agreements Based on the Civil Code are PPAT that violates the code of ethics by forging PPAT deeds, PPAT that violates can get civil, criminal and administrative sanctions

The General Election Supervisory Agency’s Policy in Conflict Resolution (Case Study: 2019 Legislative Election in North Musi Rawas District)

The aims of this research are to identify the Policy of general election super- vision agency (refers as Bawaslu) in conflict resolution in North Musi Rawas District. The success of the election in Indonesia is largely decided by the Election Supervisor’s work as a supervisory entity that controls the stages of conducting regional elections. The approach method used in this study is the normative juridical approach method. Qualitative approach method with theo- retical approach related to this research. The policy of the Supervisor of Elec- tions in North Musi Rawas Regency is worth reviewing. This study focuses on the supervisory policy established by Bawaslu in legal documents, as well as the lack of Standard Operating Procedures (SOPs) and Human Resources, particularly in the recruitment of Bawaslu members. The findings of this research is strengthens the democratic constitutional system, ensures fair and transparent elections, ensure consistency of electoral system arrangements, provide legal certainty and avoid duplication in election arrangements; and ensures effective and efficient elections.

Peranan Pengadilan Tata Usaha Negara Dalam Penyelesaian Sengketa Merek

As time goes by and the development of law in Indonesia, the trademark has become a symbol that has been integrated in the life of society. Given the importance of a brand, the brand must get a protection from each country. Protection of a trademark in Indonesia is regulated in Act No. 20 Year 2016 on Trademarks and Geographical Indications, one of the materials regulated in the Act is about the settlement of trademark disputes. The settlement of trademark disputes is resolved by two judicial bodies, namely the Commercial Court and the State Administrative Court. This research uses a normative juridical approach method with descriptive analytical analysis of legal materials. The results of this study found that the authority of the State Administrative Court (PTUN) is to examine, decide and resolve State Administrative disputes (TUN) in a dispute arising in the field of State Administrative law (TUN) between persons or civil law entities (members of the public) with agencies or TUN officials (government) within the scope of the central government also includes local government as a result of the issuance of a TUN decision (beschikking). State Administrative Court has a very important role in resolving trademark disputes on the basis of registered trademark owners object to the decision to remove the registered trademark on the initiative of the Minister.