Normative Method Research Articles

Studi Komparatif Terhadap Pelaku Main Hakim Sendiri (Eigenrichting) yang Menyebabkan Kematian Menurut Hukum Pidana Islam dan Hukum Pidana

The act of vigilantism in Dutch Eigenrichting is an arbitrary act carried out by the community against the perpetrator of a crime by torturing, beating, and even burning the victim which causes injuries and death. This act of taking the law into your own hands has become an act that continuously occurs in people's lives. This action creates new problems and also violates human rights where perpetrators of crimes have the right to receive defense by the authorities and be punished according to established regulations. In Islamic criminal law (jinayah) the act of taking the law into your own hands is included in the act of semi-intentional murder (al-qatl Syibh al-'Amd) where the sanctions for this act are diyat, kiffarat and additional punishment. In positive criminal law, the Criminal Code explains in articles 351-358 about abuse and the forms of this act. The problem in this research is the determination of the sanctions for vigilantism perpetrators in Islamic criminal law and positive criminal law, as well as the distinctions between the two legal systems. A normative method is employed in this research, which involves the examination of books, scientific works, and legislation that are pertinent to the issue. This research discusses “how the firmness of law in Indonesia regulates perpetrators of vigilante actions that cause death, and a comparison with Islamic criminal law which is the majority religion in Indonesia”.

Revitalization of Supervision of the Judicial Commission as Strengthening Judicial Institutions in Maintaining the Independence and Integrity of Judges

External supervision of judges' performance is done by the Judicial Commission (JC), namely by providing input regarding the mechanism for providing sanctions for violations of the code of ethics committed by judges. The task of the Judicial Commission regarding recommendations for sanctions for violations committed by judges involves collaborating with the Supreme Court because the judicial commission does not have the right to impose sanctions directly on judges. Therefore, efforts are urgently needed to improve the integrity of judges as law enforcers from the Judicial Commission institution that has the authority to act as an external monitor of the behavior of judges. The Judicial Commission also guarantees that they can maintain and increase the independence and integrity of judges. Regarding the supervision of the Judicial Commission as a strengthening of the Judiciary institution in maintaining the independence and integrity of judges, this research is conducted using normative methods. The data collection techniques are done by searching documents and scientific books to determine the theoretical basis in the form of positive legal material appropriate to the research object.

THE ROLE OF THE EUROPEAN UNION IN ACHIEVING SUSTAINABLE DEVELOPMENT AT THE GLOBAL LEVEL

In the context of globalization and demographic change, states are currently more vulnerable to non-military, asymmetric, hybrid and cyber threats and threats from non-state actors. Russia's war on Ukraine, Hamas's military attack on Israel indicate the likelihood of armed aggression against the sovereignty and territorial integrity of the state in modern global conditions. In the introductory part of the paper, the author analyzes the notion of national security as the ability of states, taking into account global changes and development, to protect their own identity, survival and interests. Furthermore, the author analyzes the need to achieve Sustainable Development at the global level. In the final part of the paper, the author states that Investing in the common future with its closest neighbors is fundamental for the long-term political stability of the European Union itself. Therefore, the enlargement of the European Union is based on development programs aimed at achieving political stability, secure economic conditions, social cohesion and environmental sustainability. The content will be created based on the analysis of foreign literature and using electronic content. In preparing the content of the paper, the author will apply the general scientific methods: the descriptive method, the normative method, the comparative method and the content analysis method as a special scientific method.

Pravni položaj berzi plemenitih metala u uporednom zakonodavstvu

In the years of economic and geopolitical crises and global inflation, there is a noticeable trend of increasing demand for precious metals, which play an increasingly prominent role as an instrument for diversifying the investment portfolio and as a security means. Therefore, the starting point of this research is the analysis of the legal regime for the organization and operation of precious metal exchanges in comparative legislation. Using a comparative and normative method, the author will critically review the principal legal characteristics of precious metal exchanges, the legal position and organization of the world’s most important precious metal exchanges, their business rules and the activities of the regulatory authority that supervises the precious metals trading. Therefore, the objective of this paper is to consider the importance of organizing and operating precious metals exchanges, taking into account that unconscionable, dishonest and non-transparent operations on the precious metals market can cause negative consequences for both market participants and the economy and society as a whole in the case of significant market disruptions.

Child Support Right In The Human Rights Perspective

Introduction: The provision of Article 28 B paragraph (2) and Article 28 D paragraph (1) of the 1945 Constitution of the Republic of Indonesia can be stated as the philosophical basis for children's rights on viability, growth, and development; and the rights to protection from violence and discrimination; as well as the rights to recognition, assurance, fair legal protection, and certainty, as well as equal treatment in front of the law.Purposes of the Research: To find out that every regulation related to child support rights from the human rights perspective should refer to the philosophical basis of the nation that is Article 28 B paragraph (2) and Article 28D paragraph (1) of the 1945 Constitution of Republic of Indonesia. The focus of the legal problem in this study is child support rights from the human rights perspective.Methods of the Research: The juridical normative method with statute approach, conceptual approach, constitutional approach, and Comparative approach is used as the research methodology in this study.Results of the Research: However, with the implementation of Article 28 B paragraph (2) of the 1945 Constitution of Republic of Indonesia that placed the State, Government, and Regional Governments are obliged to ensure the protection, care, and welfare of the children by paying attention to the rights and obligations of the parents, guardians or other people who legally responsible to the children. The provision of that Article asserts that the problem of children's protection is not only the responsibility of their parents, but also has become the responsibility of the state, government, and regional government. Therefore, it can be concluded that the post-divorce child maintenance rulings in Malaysia are better than those in Indonesia, as the implementation of child maintenance rulings in Malaysia is monitored by the BSK, which is a part of the Court responsible for handling all matters related to child support.

TECHNOLOGY AND LEGAL CHALLENGES OF CONTEMPORARY ARMED CONFLICT

The purpose of the article is to research the relationship between IHL, IHRL and national law norms, and to give recommendations about the prevention of using technologies in contemporary armed conflicts. Research methods: in the article, the research was carried out using the comparative-legal method in order to present the relationship between international and national legal norms. Also, we will use the normative method to emphasize the need of introduction of new norms to regulate the problem. Results: after the World War II, adoption of the new international norms significantly decreased the war statistics, however, in recent years, development of technologies, which was further accelerated by the pandemic, changed the mentioned statistics, to the extent that new technologies are actively used in war. Unfortunately, preventive and/or prohibitive international norms do not exist, therefore, we do not have the practice of regulating them. Paucity of regulative norms and the absence of proper literature in this field underscores the relevance of this topic. The use of new technologies can lead to violations of the principles of international law and human rights, which requires the creation of preventive mechanisms within the framework of international law. Discussion: the relevance of the topic is also determined by the war situation in the world, which reminds us that against the backdrop of challenges in international law, there is a gap in terms of illegal integration of technologies in contemporary armed conflicts, which, as a result, leads to a breach of human rights and violation of the norms of both the Geneva Convention and the European Convention on Human Rights.

Legal Certainty The Obligation To Make Administrative Efforts Before Filing A Lawsuit In The Administrative Court

In accordance with the provisions of Article 48 of Law Number 5 of 1986 concerning the State Administrative Court which has been last amended by Law Number 51 of 2009 concerning the Second Amendment of Law Number 5 of 1986 concerning the State Administrative Court ("Peratun Law") which states that not every State Administrative Decision (beschikking) as the object of the State Administrative dispute can be directly sued through the State Administrative Court, because if there are administrative remedies, the state administrative dispute must be resolved first through administrative efforts before being resolved through the State Administrative Court. This research uses a qualitative normative method, which is a process to find a legal rule, legal principles, and legal doctrines to answer the legal issues faced. The result of this study is that Sema No. 1 of 2017 has been affirmed through Perma No. 6 of 2018, thus according to the Court, as long as the administrative effort is intended to file a lawsuit to the PTUN or at least related to the procedural law of the PTUN, the word "can" must be interpreted as "mandatory" to take administrative efforts first. Then the PTUN plays a role in ensuring that law enforcement occurs effectively, by paying attention to the principles of justice and legal certainty that are the basis for every decision taken, and the PTUN plays the role of a court that has the authority to resolve state administrative disputes after the administrative efforts have been passed, in accordance with applicable regulations.

The Stupid, the Ridiculous, the Camp: How Goat Simulator's “Messy” Design Facilitates Queer Play

This article identifies the queer potentialities of Goat Simulator by exploring how the gameplay mechanics can be understood as “stupid” and “Camp.” Moving away from representational notions of queerness, I argue that queering a game requires an alternative way to create and play. Often, the normative method of designing a videogame prioritizes technological precision and purposeful gameplay experiences. However, Goat Simulator does not fix its errors, nor does it have a cohesive narrative, instead it incorporates brokenness and goallessness as core gameplay mechanics. Goat Simulator embraces messiness as an alternative—and arguably queer—way to design and play a videogame. I conclude by arguing the importance of brokenness and stupidity as a useful pushback against normative game design and gameplay values of precision, perfection, and seriousness.

The Stand Of Electronic Evidence In Cyber Crime Law Enforcement In Indonesia

Crime in the cyber world certainly has a significant impact. People think that Indonesia has a Criminal Code that cannot cover crimes in cyberspace, which is a new crime. This is what makes the government have to issue regulations regarding cyber crime or cyber crime. With regard to enforcing cybercrime law, of course, a regulation is needed in positive law. It also regulates the punishment and how the evidence for cyber crimes and the position of electronic evidence are. This research method uses the normative method. The existence of electronic evidence in proving cybercrime has been alluded to in Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions. In Article 5 of Law Number 11 of 2008, it explicitly mandates that "Electronic Information and/or Electronic Documents and/or their printouts are valid legal evidence". This can be interpreted that electronic documents are considered legally valid according to positive law in Indonesia. However, in the amendment to the elucidation of Article 5 paragraph (1) regulated in Law Number 19 of 2016, it is explained that the existence of Electronic Information and/or Electronic Documents is binding and recognized as valid evidence to provide legal certainty for the Implementation of Electronic Systems and Transactions Electronic, especially in proving and matters relating to legal actions carried out through Electronic Systems.

Graph-Analytical Method for Calculating Settlement of a Single Pile Taking into Account Soil Slippage

Most of the existing methods of pile settlement calculation, including normative methods, do not fully take into account the processes occurring in the soil when loads are transferred to them and the changes in the properties of the contact zone soils. This leads to underutilisation of the bearing capacity of the soil, and the calculated settlement value may differ several times from the real values. In this paper, a graph-analytical solution to the problem of interaction of a single pile with a three-layer soil foundation is proposed to determine the settlement, taking into account the complex nature of the pile operation and the processes occurring in the soil when loads are transferred to them. The proposed method allows to use the non-linear behaviour of the soil on the lateral surface and under the tip of the pile, the possibility of its detachment and slippage after reaching the ultimate strength of the soil, changes in the properties of the contact zone soils, and the load distribution on the pile between its lateral surface and the tip. To verify the proposed graph-analytical solution, a comparative analysis was performed with the numerical method in the Plaxis 2d software (version 21.00.01.7) and with the results of static tests of piles at the construction site. To determine the strength reduction factor at the contact of soils with concrete, laboratory tests were carried out on a direct shear apparatus. Based on the results of the performed calculations, graphs of the dependence of settlements on loads were plotted, conclusions were drawn about the possibility of using the graph-analytical method, and prospects for further development and improvement of the graph-analytical method were proposed.

ANALISIS YURIDIS PERLINDUNGAN HUKUM TERHADAP PENCIPTA LAGU ATAS TINDAKAN COVER MELALUI MEDIA SOSIAL BERDASARKAN UNDANG-UNDANG HAK CIPTA

Legal protection is an obligation that must be fulfilled by the government to provide a sense of security to the public, one of which is legal protection in the field of copyright relating to musical works of art. This research is motivated by the many cases that occur in society related to copyright violations in the music sector, namely illegal song covers via the YouTube platform and other social media, content creators or YouTubers earn income from the adsens of the videos they upload while on the other hand this detrimental to the songwriters or copyright holders of the song. The formulation of the problem in this research is what is the legal protection for songwriters for covering acts via social media platforms based on copyright law, what actions can be taken by songwriters for covering acts via social media platforms based on copyright law, This research was conducted using a normative method using a statute approach and a conceptual approach and a problem approach. The results of this study provide legal protection for songwriters for cover acts through the YouTube platform based on Law No. 28 of 2014 and preventive efforts made by the government through the Ministry of Communication and Information (Kemenkominfo) to regulate YouTube channels or other social media by blocking them and then applying pressure (repression) such as compensation to requesting a stop to illegal cover activities of the works produced.

Analysis of Civil Evidence Principles in The Ownership of Non-Fungible Token Assets

This research aims analysis of the civil evidentiary principle, ownership of Non-Fungible Token assets can be proven through documents showing transfers from the previous owner to the current owner, as well as other evidence supporting the validity of the transaction. However, because NFT technology is still new and not fully legally recognized, further analysis is still needed to determine the appropriate mode of proof in this context. This study uses a normative method with a statutory approach (statute approach), as well as an analytical approach (analytical approach). The results of this study are to determine the principle of audi et alteram partem, the principle of ius curia novit, the principle of nemo testis indoneus in propria causa, the principle of ne ultra petita, the principle of de gustibus, non est disputandum, the principle of nemo plus juris transferre potest quam ipse habet on non-asset ownership Fungible Tokens. The principle of audi et alteram partem, which ensures that all parties have the right to be heard, upholds fairness in NFT ownership disputes by guaranteeing that each side has an opportunity to present their case.

Islamic Moral Ideas In Fazlur Rahman's Perspective

One of the Muslim figures who cares about the morals of the Muslim generation is Fazlur Rahman. Therefore, Fazlur Rahman through his writing invites the public to see the moral ideals contained in the Al-Qur'an. He founded the moral message of the Qur'an through discussion, not only through the art of understanding the Qur'an, but also historical criticism and normative methods. This explains Islamic morality from the perspective of the Qur’an, which will become a path of knowledge for generations of Muslims. This article will discuss moral ideas in Islam according to Fazlur Rahman. Through a literature review using qualitative methods, it was found that Islamic morality according to Fazlur Rahman is a conception of Islamic morals that originates from the semantics of the Al-Qur'an and As-Sunnah. This is in accordance with the view that Islam is a moral religion.

The Position of Land Ownership Certificates in Settlement of Inheritance Disputes

Land is one of the basic human needs. This article is motivated by the lack of legal certainty regarding land ownership. Many land disputes continue to arise due to inappropriate locations or boundaries, such as duplicate certificates. A certificate of ownership is a copy of the land register and its dimensions, if accompanied by a cover paper, the form of which is determined by ministerial regulations. The aim of this research is to understand certificates as proof of rights and title to land. The method used in this research uses a normative method, by analyzing existing legislation and literature. Based on the large number of cases related to land, it can be concluded that ownership of a land certificate is an important basic proof of land ownership. Ownership rights to land remain with the owner as long as the owner does not release or surrender his rights

PEMILIHAN DAN PENGANGKATAN KEPALADESA TANJUNG MUARA YANG BERADA PADASEL DI BENGKULU UTARA DITINJAU DARIUNDANG – UNDANG NO. 6 TAHUN 2014TENTANG DESA

The election and appointment of the Village Head in Tanjung Muara Village were conducted in a prison cell because the elected Village Head was charged with corruption. The problem formulation in this article is how the implementation of the election and appointment of the Village Head of Tanjung Muara, North Bengkulu was carried out and whether the implementation was in accordance with the Village Head Election Regulations. This study uses a Normative Method, which aims to describe the research object and utilizes Secondary Data processed qualitatively and concluded deductively. The discussion results show that although the village head election was conducted according to the applicable regulations, the corruption case involving the elected village head created legal obstacles. The legal issues arising from the corruption case affected the election process, but legal procedures were still followed to ensure legal certainty. In conclusion although the election and appointment process complied with the regulations, the legal issues faced by the elected village head impacted the implementation and necessitated the appointment of an interim acting official.

Gugatan Perwakilan Kelompok (Class Action) tentang Pencemaran Air Pada Sungai Kalundang

Water pollution is an event caused by the entry of living things, substances, energy or other elements into water in the form of gas, dissolved substances and particles, so that it can cause damage to the water, polluting the quality of the water and disrupting its function. This study aims to analyze legally and based on the Decision of the Rantau Prapat District Court Number 15 / Pdt.G / LH / 2023 / PN.RAP. The research method used in this study uses a normative method, namely the rules of literature study, namely collecting and conducting studies of several library sources. The results of the study are that the Plaintiff's Lawsuit was declared invalid. The Plaintiff does not have legal standing in accordance with Article 5 paragraph 3 of the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2002 concerning Class Action Lawsuits and other laws and regulations. The conclusion of the Class Action Lawsuit must be based on the Regulation of the Supreme Court of the Republic of Indonesia Number 1 of 2002 concerning Class Action Lawsuits. Advice for every plaintiff to understand the applicable laws and regulations so that future Class Action Lawsuits can be accepted.

<b>ANALISIS YURIDIS TERHADAP PELAKU PENJATUHAN TINDAK PIDANA PENCEMARAN NAMA BAIK CALON ANGGOTAN DPRD (PUTUSAN NOMOR 81/PID.SUS/2021/PN SGT)</b>

The rapid advancement of technology facilitates social interactions from the physical world to the digital realm, making it accessible to everyone, including criminal offenses like defamation on social media. The research questions are: 1) Do the elements of defamation against a prospective council member in Verdict No. 81/Pid.Sus/2021/PN Sgt comply with Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code for minor offenses? 2) Is the two-month sentence imposed by the judge in line with the sentencing objectives under the Penal Code in Verdict No. 81/Pid.Sus/2021/PN Sgt? This research employs a normative method with secondary data, using descriptive-analytical techniques analyzed qualitatively with deductive reasoning. The findings indicate that the crime's elements do not align with the minor offense provisions of Article 315 of the Penal Code. The two-month probationary sentence does not meet the sentencing guidelines' objectives. The conclusion is that the verdict does not adequately apply Article 45 in conjunction with Article 27 Paragraph 3 of the ITE Law and Article 315 of the Penal Code, nor does it align with sentencing objectives. Judges should consider legal certainty, justice, utility, and societal values.

Social Reintegration of Inmates Through Right to Parole

This study aims to analyze the implementation and obstacles to social reintegration of prisoners through the right to parole. Social reintegration through parole of prisoners is a crucial aspect in the penitentiary system that aims to restore the social life of prisoners into society. The idea is that parole is the right of every inmate as mandated by the Correctional Law. This research uses normative and empirical methods. The normative method is carried out by analyzing laws and other legal materials, while the empirical method collects field data to assess the effectiveness and challenges of the social reintegration program at the Class IIA Correctional Center Bandar Lampung. The results of the study show that the granting of parole has great potential in supporting the social reintegration of prisoners, although in fact not all of these reintegration processes can run according to the expected goals, including aspects of relationship recovery that are not optimally achieved. There are various inhibiting factors, including lack of resources, training for officers, lengthy administrative procedures and mechanisms, and most importantly, the lack of community and victim involvement in the reintegration process until the aspect of restoring relations is not achieved.

Pelanggaran Prinsip Miranda Rule pada Proses Penyidikan Perkara Pidana di Indonesia (Tinjauan Kasus Pengamen Cipulir Jakarta Selatan 2013)

The criminal justice system in Indonesia is plagued by various types of crimes, including official indifference, abuse of authority by officers, and human rights violations related to people's civil rights. The rights of suspects, which are fundamental human rights and are ingrained in them, are often ignored in the Indonesian criminal justice system, to the detriment of suspects. The case that attracted attention was an incident that occurred in 2013 in Cipulir, South Jakarta, where several buskers were accused of committing the crime of murder. This case surfaced after reports that detained buskers were not given their basic rights during the investigation process, which could be linked to a violation of Miranda Rule principles. This research aims to find out how the Miranda Rule principles guarantee the rights of suspects in the criminal justice system in Indonesia. The method used in this research is a normative method, using the concept of a statutory approach. The purpose of the results of this research is to understand that the Miranda Principle or known as Miranda rights is what happens when someone gives a warning to someone who is in danger. Namely the right to obtain/contact legal advisors/advocates. If unable, then given the opportunity to provide legal advice/advocate. The right to obtain legal assistance has been included in Articles 54, 55 and 114 of the Criminal Procedure Code. If he is unable to do so, the suspect has the right to be provided with legal advice by the relevant official or through an investigator, as regulated in article 56 paragraph 1 of the Criminal Procedure Code. As for Miranda Warning (Right To Remain Silent), it is not regulated explicitly, but its application can be interpreted implicitly in articles 52, 117 and 166 of the Criminal Procedure Code.

Бухгалтерский учет отклонений от нормативных затрат на производство продукции, выполнение работ, оказание услуг

In the article an attempt is executed to consider the most actual questions of the accounting the detours from rates of the expenses, forming prime cost to product, work, services, in condition of the normative method of the account production and the other methods of the account of the production expenses, under which possible its conduct on rate and detours from rates.