Primary Legal Materials Research Articles

KEDUDUKAN HUKUM PANTI ASUHAN SEBAGAI WALI DARI ANAK DIBAWAH UMUR

The Civil Code does not allow a legal entity to be the guardian of a minor child, but in other provisions in law regulation no. 35 of 2014 concerning child protection allows for the implementation of guardianship by legal entities. So it is necessary to question the legal position of the orphanage as guardian of minors and the responsibility of the orphanage as guardian of the assets of minors. The purpose of writing this thesis is to describe the legal position of orphanages as guardians of minors and to explain the responsibilities of orphanages as guardians of the assets of minors. The research method used in writing this thesis is to use a normative juridical research type which uses legislation such as the Civil Code and the Child Protection Law as the main reference. The research approach used is the statutory approach. The types and sources of law used are primary legal materials and secondary legal materials. The first discussion concerns the position of an orphanage as guardian of a minor when there is a court order that the orphanage has the right to take care of the child's personal care. Next, the second discussion concerns the responsibilities of orphanages in fulfilling their obligations as guardians of the assets of minor children. It can be concluded that when guardianship is implemented in an orphanage without a court order, the orphanage is only carrying out its role as a child social welfare institution. Regarding responsibility for children's assets, there must be special supervision from an institution so that there is minimal chance of guardians misappropriating children's assets.

The Power of Proof of an Online Arisan Agreement in the Verdict of PKPU Number 10/Pdt-Sus-PKPU/2021/Pn.Smg in Accordance with the Theory ofLegal Positivism and Justice

This thesis is entitled "The Strength of Proof of Online Arisan Agreements in PKPU Decision Number 10/Pdt-Sus-PKPU/2021/PN.Smg Seen from the Theory of Legal Positivism and Justice". This thesis aims to find out and examine the strength of proof of online agreements via the WhatsApp application in terms of the theories of positivism and justice as well as to find out and examine procedural law reforms that are needed to accommodate the use of technological means as evidence in business/business relationships. This research is normative legal research with a conceptual approach and statutory regulations. The data source is secondary data consisting of primary legal materials and secondary legal materials, analyzed using legal analysis methods, namely qualitative methods. The results of the research show that there are disparities in the implementation of electronic evidence assessment because there is electronic evidence that is considered to have weak evidentiary strength even though they are supported by other evidence, there are also those that are considered to have decisive evidentiary strength in resolving cases in court so that they do not provide equitable justice. for society. The panel of judges in assessing electronic evidence should not only prioritize legal certainty but also justice which should be realized to protect the interests of the parties reform of procedural law in terms of implementing electronic evidence in Indonesian trials requires reform of three main pillars of law, namely legal substance, legal structure. and legal culture.

Legal Analysis of the Success of Mixue Franchise Schemes in Singapore, South Korea, and Japan Linked to the Success of Mixue Franchise Schemes in Indonesia and Vietnam

Franchising is a system of marketing goods and services and technology, which is based on closed and continuous cooperation between independent actors (meaning the franchisor and individual franchisee) and is separated both legally and financially, where the franchisor grants rights to the individual’s franchisee and imposes an obligation to carry out its business following the franchisor’s concept. The franchise business that is currently going viral is the Mixue franchise, which offers luxury ice cream at very cheap prices. Mixue became a franchise that had very rapid growth during the 2020 pandemic. In the 2020–2023 period, its outlets reached 1000 in Indonesia. So it is called the angel that takes away empty shophouses because the rapid development of Mixue also helps the property business. Even though it targets third and fourth-ranked cities, Mixue dominates provincial capitals in Indonesia. Mixue’s phenomenal success in Indonesia, after having had great success in Vietnam since 2018, has caused Mixue to expand to Singapore, South Korea, and Japan. In this research, the author will analyze the franchise laws from a legal perspective and compare them with those of the three countries, which may be a factor in the success of the Mixue franchise, which was previously achieved in Indonesia and Vietnam. This research is normative juridical research that uses secondary data in the form of primary legal materials, namely various relevant laws and regulations, and secondary legal materials, namely books and legal literature. The approaches used are statutory and conceptual. Results from research are hoped to provide one-stop article input for entrepreneurs, businesspeople, and legal academics regarding the comparison of franchise law, especially in Singapore, South Korea, and Japan, which Indonesia and Vietnam also complement.

KONSISTENSI PENGATURAN TANGGUNG JAWAB SOSIAL DAN LINGKUNGAN PERUSAHAAN DALAM PERATURAN PERUNDANG-UNDANGAN DI INDONESIA

The article aims to find out and examine the inconsistencies in the regulation of corporate social and environmental responsibility in Indonesian laws and regulations and the legal politics of corporate social and environmental responsibility in Indonesian laws and regulations. This research is normative research with a legal political approach. The data source is in the form of secondary data consisting of primary legal materials and secondary legal materials. Methods of data collection using literature and interviews. Primary legal materials and secondary legal materials were analyzed using legal analysis methods. The thinking process used to draw conclusions is the deductive thinking process. There are inconsistencies in the regulation of corporate social and environmental responsibility in Indonesia, especially in Law Number 25 of 2007 concerning Investment and Law Number 40 of 2007 concerning Limited Liability Companies. There is an inconsistency or discrepancy in the regulation of corporate social and environmental responsibility because there is a discrepancy in the concept of corporate social and environmental responsibility in several laws that regulate this matter. Arrangements regarding social and environmental responsibility in Indonesia should be developed to address the current issues of corporate social and environmental responsibility. Renewal of social and environmental responsibility regulations can be carried out by taking into account the legal system and legal principles in force in Indonesia. This will enable the creation of legal certainty and provide justice for the parties in the implementation of corporate social and environmental responsibility.

PENYADAPAN DALAM TINDAK PIDANA TERORISME DI INDONESIA DAN FILIPINA DITINJAU DARI PERSPEKTIF HAK ASASI MANUSIA

Terrorism in Indonesia and the Philippines is growing rapidly. Wiretapping is used as a method of investigating terrorists. The purpose of this study is to find out and examine whether wiretapping of terrorism suspects according to the terrorism law is with human rights and the reasons why wiretapping terrorism in Indonesia takes a longer period of time than in the Philippines. Normative research method with statutory approach and comparative law. Sources of data in the form of secondary data consisting of primary legal materials and secondary legal materials. Wiretapping has not been specifically regulated in the law, while in practice it has caused controversy over the wiretapping procedure. Wiretapping is a problem because it violates the privacy rights of citizens. Wiretapping must be carried out in line with human rights principles including technical and licensing so that it can prove that wiretapping is certainly intended to provide protection. Wiretapping in Indonesia takes longer because terrorism networks in Indonesia are not centered on one area, so it takes a relatively long time to conduct wiretapping.

LEGAL ANALYSIS OF TNI SOLDIERS WHO COMMIT THE CRIMINAL ACT OF DESERTION IN THEIR JURISDICTION TGKH. M. ZAINUDIN ABDUL MADJID AIR FORCE BASE

The Indonesian National Army (TNI) is part of Indonesian society that is trained and educated to maintain the integrity of the Republic of Indonesia. TNI has a life guideline in carrying out its official life, namely Sapta Marga and the Soldier's Oath to improve discipline in the TNI's official life. However, TNI members are only ordinary people, not free from mistakes and actions related to crime. One of them is the crime of desertion during peacetime. The crime of desertion during peacetime is a crime committed by military members by mistake or intentionally being absent without permission for 30 days. This type and research is a qualitative analysis research using primary data in the form of interviews and secondary data in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of the research are to examine the problems and find answers regarding legal policies, law enforcement and future regulations regarding the crime of desertion during peacetime committed by military members in the regionlaw of TGKH Air Force Base. M. Zainudin Abdul Madjid with a case study of Judge's Decision Decision Number 23 K/PM.III-14/AU/IV/2024 & Decision Number 25-K/PM.III-14/IX/2022.

Chat GPT from Educational, Legal and Ethical Perspectives in Indonesia

Objective: This article explores the concept of Chat GPT (Generative Pre-training Transformer) is an artificial intelligence that uses a conversation format. GPT chat is used in education. There are advantages to using Chat GPT, on the other hand, there are weaknesses in using Chat GPT. The problem in this Research is the consequences of using GPT Chat for academic circles from a legal and ethical perspective. Method: This Research uses a normative type of Research. The data used is secondary data that does not focus on field data. The secondary data used are primary legal materials and secondary legal materials. Results and Conclusions: This Research concludes that the consequences of using GPT Chat for academics are seen from a legal and ethical perspective. GPT Chat has consequences for academics who commit ethical violations because it goes against the good things that humans believe. The use of GPT chat has consequences for academics deemed to have violated the law (copyright) if the use of academics' actions meets the qualifying elements of copyright infringement. Research Implications: This research provides a comprehensive understanding of the consequences of using Artificial Intelligence, especially Chat GPT in the field of education. This understanding will provide direction for determining policies related to ideal educational goals, namely educating sportsmanship, honesty and respect for the work of others.

Restorative Justice Against Child Abuse

The crime of child molestation is interesting to study, especially regarding legal arrangements and countermeasures, when associated with efforts to apply the concept or restorative justice system (restorative justice system), which is a system developed in the concept of criminal law to resolve certain cases in the corridors of the criminal justice system (criminal justice system), both at the level of Investigation, investigation, prosecution and examination of court hearings.Based on this, the authors are interested in conducting research, namely to find out how the practice of examining cases of sexual abuse of minors in an effort to apply Restorative justice and also find out what factors hinder the practice of resolving cases of sexual abuse of minors through Restorative Justice. In this study, the type of research used is normative juridical research and empirical juridical research. Normative juridical research is research that comes from library data or secondary data, (primary legal materials and secondary legal materials), especially the provisions of legislation that have synchronization with the title and formulation of the problem. This study is expected as input in the framework of the development of criminal justice system policy (criminal justice system) in relation to aspects of legal protection against the crime of sexual abuse of minors as well as the process of resolving cases of sexual abuse.

Reorientasi Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Narkotika

This study aims to review the legal aspects or legal reorientation towards children who are determined as perpetrators of narcotics crimes in Indonesia. This research is very important to be carried out conceptually to be able to provide measurable firm sanctions in accordance with the provisions of the Law on Narcotics and the Law on the Juvenile Criminal Justice System. This research is a normative juridical research using primary legal materials and secondary legal materials. The results of the study found that re-orientation of the legal aspects of children as perpetrators of narcotics crimes is very important to do because there is ambiguity related to the process of punishing children as drug offenders. First, the use of the Law on Narcotics as a basic object is still borne by the perpetrator in accordance with the stipulated articles, evidence that results in criminal sanctions according to the provisions. Second, for minors, the defense is still carried out in accordance with the Law on the Juvenile Criminal Justice System, where there is a reduction in sanctions that take into account the mental and physical condition of the child. When the verdict has been determined, the offender must be placed in a special correctional institution for children and given the right to medical rehabilitation and social rehabilitation because they consider the child's future. Third, the rehabilitation aspect can be prioritized as is the case when children are only designated as victims, or there is no evidence against them as the main perpetrators of Narcotics.

OMNIBUS LAW IMPACT ON WORKER WELFARE IS UNCERTAIN

The Omnibus Law, also known as the Omnibus Law , is a progressive step taken by the government in the legal sector. Its purpose is to eliminate overlaps and conflicts between laws and regulations in similar sectors by reorganizing them. The legal protection of workers' normative rights in the Omnibus Law will also be analyzed. This thesis aims to examine the regulation of normative rights of workers in the Omnibus Law and compare its strengths and weaknesses to Law Number 13 of 2003. The research method used is normative juridical legal research, which involves referring to legal norms and researching library materials or secondary materials. This includes processing data from primary legal materials, secondary legal materials, and tertiary legal materials. The research results indicate that the Omnibus Law regulates normative labor rights to protect workers, as stated in Article 80. This article aims to strengthen worker protection, increase their role, and improve their welfare in supporting the investment ecosystem. The Omnibus Law is weaker than Law Number 13 of 2003 in terms of regulating the normative rights of workers. It is considered detrimental to workers and lacks legal protection for their normative rights. The only provides limited protection for workers' rights through Article 81, which is related to employment. Legal protection should guarantee workers' rights, as outlined in Law Number 11 of 2020 concerning Job Creation

Pemenuhan Upah Layak Bagi Pekerja Melalui Penetapan Upah Minimum Pasca Berlakunya Undang-Undang Nomor 6 Tahun 2023 Tentang Penetapan Peraturan Pemerintah Pengganti Undang-Undang Nomor 2 Tahun 2022 Tentang Cipta Kerja Menjadi Undang-Undang

The government has regulated the fulfillment of living wages for workers through the Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages. A living wage is a basic right of workers/laborers that must be fulfilled by employers. The method in this research is that this research is descriptive analysis with the type of research, namely iordischromatid, which uses data sources, namely primary legal materials, secondary legal materials and tertiary materials and the data analysis used is qualitative analysis. The results of this research are that a living wage is a wage that can adequately meet the minimum living needs of workers/laborers and their families. The Job Creation Law and Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages are regulations that regulate the fulfillment of living wages for workers/laborers. The Job Creation Law mandates that the government establish wage policies as an effort to realize the rights of workers/laborers to a living that is worthy of humanity. This policy includes setting a minimum wage every year. Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages regulates the formula for calculating minimum wages which includes three variables, namely inflation, economic growth and a certain index (symbolized in the form a). The minimum wage calculation formula regulated in Government Regulation Number 51 of 2023 concerning Amendments to Government Regulation Number 36 of 2021 concerning Wages is expected to encourage an increase in people's purchasing power and realize a living wage for workers/laborers. However, periodic evaluations need to be carried out to ensure that the formula can adequately meet the minimum living needs of workers/laborers and their families.

Authority of Sarak Opat in Settlement of Environmental Pollution Cases

The existence of fishing gear type padang hoe began to spread in the area of Lake Lut Tawar, Central Aceh. As a result of massive and uncontrolled fishing practices and disregard for local culture, this is very dangerous for the preservation of Lake Lut Tawar. So if it continues to be left unchecked, fish endemic to Lake Lut Tawar, such as the depik fish, are threatened with extinction. In the Gayo community in Central Aceh District, cases/disputes that occur within the community are resolved by a customary institution called sarak opat. The purpose of this study is to find out the authority of sarak opat in solving environmental pollution and to find out the obstacles of sarak opat in solving environmental pollution. This type of research is empirical normative research. The data sources used are primary data and secondary data obtained from primary legal materials, secondary legal materials and tertiary legal materials. The method of collecting data is through interviews and document studies. The way of analyzing the data that has been collected from both primary and secondary data will be analyzed qualitatively, so that it is found that facts as symptoms of primary data are associated with theories from secondary data presented descriptively. The results of the study explained that sarak opat's authority has a legal basis for resolving environmental pollution cases, as mandated in the Aceh Qanun and the Aceh Governor's Regulations concerning Implementation. Customary and Indigenous Dispute/Dispute Resolution. custom. Obstacles to the sarak opat customary institution in resolving environmental pollution cases, namely: First, the loss of the function of the Pawang Lut in Gayo society. Second, there is a lack of understanding of the apparatus of the Sarak Opat customary institution regarding the authority to settle cases of minor environmental pollution.

Pemenuhan Hak Anak Pidana Pada Lembaga Pembinaan Khusus Anak

Introduction: Protection of children is provided not only by parents but also institutions related to physical and mental development both physically and spiritually. A child who is entered into a Juvenile Correctional Institution is referred to as a criminal child or foster child to get punishment for the actions he has committed, the punishment given is in the form of coaching according to the mandate of the laws and regulations, so that after the criminal or foster child leaves the institution they will no longer commit acts that breaking the law.Purposes of the Research: This study aims to analyze and discuss the fulfillment of the nature of the rights of criminal children and to analyze and discuss the implementation of the rights of criminal children in Ambon Class II Special Development Institutions.Methods of the Research: The type of research used is empirical research. The approach used is legislation, field approach. The sources of legal materials used are primary legal materials, secondary legal materials, and tertiary legal materials. Data collection techniques through interviews and literature studies. Legal material is qualitativeResults of the Research: The implementation of the rights of criminal children at the Ambon Class II Special Child Development Institution has rights that have been fulfilled and there are rights that have not been fulfilled. The staff of the Ambon Class II Special Child Development Institution are still working on children's rights that have not been fulfilled at the Ambon Class II Special Child Development Institution. The rights of criminal children that have been fulfilled at the Class II Ambon Development Institution, namely: 1) There are facilities for spiritual activities in accordance with religion and beliefs; 2). Correctional students get study rooms, package A, B, C exams, modules and also supporting facilities in the form of computers; 3). criminal children get a reduced sentence through remission, but these provisions must be in accordance with statutory regulations; 4). students get enough food intake; 5). students get visits from family, legal advisers or the community.

TINDAK PIDANA KORUPSI PADA PEKERJAAN SWAKELOLA

The purpose of this writing is to determine criminal acts of corruption in self-managed work, especially misuse of funds and manipulation of data, requiring a holistic approach. This research uses normative legal research methods. Normative research is research carried out by examining library materials. The data used in this research is secondary data which includes primary legal materials, namely statutory regulations. Then this research also uses secondary legal materials, namely legal materials that provide an explanation of primary legal materials. The research results show that in the face of criminal acts of corruption using data manipulation, steps that strengthen supervision and control over the reporting and project documentation process are very important. Providing an integrated and transparent information system will help minimize the risk of data manipulation by providing easier and more transparent access to project information for related parties. Apart from that, increasing the capacity and integrity of auditors and law enforcers in detecting and taking action against data manipulation practices will be key in tackling criminal acts of corruption.

Reactualization of Marriage Law in Indonesia on the Issue of Marriage Annulment in Achieving Legal Certainty

The annulment of marriage based on Law Number 1 of 1974 has not provided clarity, so it can cause legal uncertainty and injustice. Article 22 of Law Number 1 of 1974 states that a marriage can be annulled if the parties do not meet the conditions for consummating the marriage. This dissertation is to examine and analyse the implementation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the problem of marriage annulment and to study, analyse, and find legal certainty in the actualisation of Law Number 16 of 2019 concerning Amendments to Law Number 1 of 1974 concerning Marriage in the Prevalence of Marriage Annulment. This research uses a normative approach with the type of analytical descriptive research including legal principles, synchronisation of laws and regulations, including efforts to form law (rechtsvorming), the source of legal materials used is primary legal material, secondary legal material (secondary data) which will be obtained through literature sources. The results of the study show that there are still many violations of the Marriage Law, such as marriage registration, underage marriage, wild polygamy and illegal divorce because they have not explicitly and firmly regulated the annulment of marriage. Implementing the Marriage Law must prioritise the principle of justice, especially regarding marriage annulment. This includes the annulment of marriages involving imperfections of reason, marriages under threat of law, or marriages that violate religious law. In the actualisation of marriage law to overcome the problem of marriage annulment, it is important to strengthen legal certainty. First, the actualisation of the Marriage Law is a proactive step needed to address the issue of marriage annulment. This includes adequate articles to regulate situations that might lead to marriage annulment. Second, the Protection of Individual Rights.

Criminal Act of Severe Assault by PS Towards M Reviewed Under Law Number 13 of 2006 jo Law Number 31 of 2014 Concerning the Protection of Witnesses and Victims

This research aims to analyze the Criminal Act of Severe Assault by PS towards M based on Law Number 13 of 2006 jo Law Number 31 of 2014 concerning the Protection of Witnesses and Victims. The research method used is a juridical normative legal research type with a statute and conceptual approach. The primary data source is primary legal materials such as the Criminal Code and the Law on the Protection of Witnesses and Victims. The results of the research indicate the urgency of protecting witnesses and victims of criminal acts in criminal law as an effort to uphold human rights. Protection for victims of severe assault crimes needs to be strengthened through clear and effective regulations to provide a sense of security and justice for the victims. In conclusion, the protection of witnesses and victims of criminal acts is an integral part of the criminal justice system aimed at providing justice, preventing threats, and ensuring the fulfillment of victims' rights. Further efforts are needed to strengthen the protection of victims of criminal acts, including severe assault crimes, in accordance with legal principles and human rights.

PERTANGGUNGJAWABAN TINDAK PIDANA TERHADAP PELAKU TINDAK PIDANA PERCOBAAN PEMBUNUHAN PUTUSAN NOMOR 45/PID.B/2021/PNSIM

Criminal responsibility for attempted murder is the ability legally to be accountable for their actions and to be aware that what they did was a violation. The perpetrator swung the machete, kicked and choked the victim but the execution was not completed because the perpetrator's mother came and pulled the perpetrator's hand from the victim's neck. The problems in this research are 1). Is the responsibility of the perpetrators of the attempted murder appropriate according to Article 351 paragraph (1) of the Criminal Code? and 2). Is the Judge's Decision Number 45/Pid.B/2021/PNSim which imposes a 2-year sentence on the perpetrator in accordance with the purpose of sentencing? This research was conducted using a normative legal research type that is descriptive in nature, using primary legal materials and secondary legal materials by collecting data from literature studies which were analyzed qualitatively and drawing conclusions using deductive logic. The conclusions from this study are (1). The criminal responsibility for the perpetrators of the attempted murder is not appropriate according to Article 351 paragraph (1) of the Criminal Code (2). The decision of the Panel of Judges Number 45/Pid.B/2021/PNSim for the perpetrators is not yet 2 years in prison according to the theory of sentencing purposes. The results of the research are related to the theory of sentencing purposes, so it should be subject to Article 338 in conjunction with Article 53 paragraph (1) of the Criminal Code with a sentence of 10 years in prison.

Tradisi Tari Ngebeng Dalam Perspektif Hukum Islam

The background to the problem of this research is looking at the habits of the people of Rambutan Masam Village, which to this day still preserve the tradition of the Ngebeng Dance, where the dance shows men dancing in a bancian style, plus the costumes and make-up of the men are really made to resemble Woman. The main problem in this research is: what is the process of implementing the Ngebeng Dance tradition in Rambutan Masam Village, and what is the perspective of Islamic law on this problem.This research is a field research conducted in Rambutan Masam Village. The population is several people who understand the history of the ngebeng dance, such as heads of traditional institutions, community leaders, while the sampling technique used was purposive sampling, namely 10 people who were directly involved. in the implementation of the ngebeng tradition and the researchers interviewed directly. Because to get data in the field it is collected by observation and interviews. Next in analyzing. The data writer used an empirical juridical approach method, because in discussing the research problem he used legal materials, both written and unwritten laws or both primary legal materials and secondary legal materials.The results of the research show that the process of implementing the ngebeng dance tradition is still preserved to this day and still maintains the content of the dance as taught by the ancestors, where men in the dance are dressed in such a way as to resemble women. So this dance tradition according to Islamic law is haram even though it aims to entertain.

Penegakan Hukum Terhadap Pencemaran Limbah Pewarna Cair Industri Tekstil

Penegakan Hukum Terhadap Pencemaran Limbah Pewarna Cair Industri Tekstil

Underage Murder Case Against Robbers in the Perspective of Criminal Law and Islamic Criminal Law

This research explores legal issues related to perpetrators of child abuse with a focus on the analysis of the decision of the Kepanjen District Court (Number: 1/Pid.Sus-Anak/2020/PN.KPn). The crime of abuse, which involves an attack on another individual with the aim of torturing or oppressing, has serious implications in criminal law and Islamic criminal law. The research uses a statutory and case approach, exploring normative and doctrinal aspects of Indonesian and Islamic law that are relevant to the case. The main data is obtained from primary legal materials such as the 1945 Constitution, Criminal Code, Law Number 11 of 2012, Law Number 35 of 2014 concerning Child Protection, as well as Islamic legal sources such as the Qur'an and Hadith and also secondary legal materials such as books, articles, journals, and other scientific works. By using deductive analysis, this research aims to provide an overview and solution to legal problems that occur, especially regarding legal protection for minors who commit persecution as a form of defense that causes the death of begal both according to criminal law and Islamic law. This study found that children who commit persecution against begal until they die, both criminal law and Islamic law both agree that minors can only be sentenced as a last resort and must still pay attention to the best interests of the child. In juvenile law, research considers psychological factors, the need for compassion, and rehabilitation efforts to achieve balanced justice. This research contributes to the understanding of criminal law and Islamic criminal law related to cases of sexual abuse, especially those involving underage offenders.