Jurnal Hukum DE'RECHTSSTAAT

APPLICATION OF INTEGRATED ASSESSMENT IN HANDLING NARCOTICS ABUSE CASES INVOLVING CHILD OFFENDERS

Qory Amalia Syuhada — 2024-03-30

Cases of abuse and illicit trafficking of narcotics involving child offenders continue to increase in Indonesia. Child perpetrators in narcotics abuse are often in a dilemmatic position between perpetrators and victims. This study aims to examine the application of an integrated assessment as a double track system in the formulation of sanctions in an effort to determine the status of the child offender by using two modes of approach, which is the medical approach and the legal approach. Thus, through the assessment of the Integrated Assessment Team, the ideal sanctions can be determined. This study uses a normative-juridical research method that uses secondary data sources in the form of primary and secondary legal materials. The approach used is a statutory approach and a conceptual approach.

LEGAL PROTECTION OF COPYRIGHT FOR LITERARY WORKS OF BOOKS FROM ACTS OF ONLINE PIRACY IN PDF VERSIONS VIA THE WHATSAPP APPLICATION

Regina Roidatun Sari Putra — 2024-03-29

Cases of piracy are currently getting higher and more common, ranging from piracy of music, films, software, data bases, works of literature, books, science, and pictures or photography. The ranking of piracy in Indonesia, especially copyright, is the third largest in the world. Piracy seems to have become a culture and difficult to overcome, especially in Indonesia. If you look at the definition of book piracy that is usually listed in every book, namely efforts to reproduce books by printing, photocopying or other means without obtaining written permission from the publisher of the book concerned, then you will find many parties who consciously or unknowingly can be called pirates. In Article 40 Paragraph (1) Letter (a) of the Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright, a book is one of the creations that is protected by Copyright.The formulation of the problem in this study is How can a Pdf version of a literary work be said to be copyright piracy? And how is the legal protection for creators against piracy of Pdf versions of literary works through the WhatsApp application?. The research method that the writer uses is the normative juridical method, where the writer must collect data from written regulations so that this research is very closely related to the library because it will require secondary data from the library.Based on the results of the research that the authors conducted on this problem, that law enforcement against Copyright infringement is very important, considering that the development of Copyright protection and legal protection of Copyright for creators is still lacking, where there are still many obstacles that arise in law enforcement, even though it has been legal efforts are made by the parties, as well as the application of legal sanctions against copyright infringement.

COMPETENCE OF COURTS WHO HAVE THE AUTHORITY TO JUDGE DIVORCE CASES BETWEEN DIFFERENT RELIGIONS

Melinda Alfiani — 2024-03-30

This study is background to the curiosity of the author regarding the competence of the courts that authored the trial of divorce, in which it is known that the justice in Indonesia under the supreme courtis the common justice, the judicial justice, the military justice and the judiciary of each of the courts has its own jurisdiction in this matter public pretrial and the judicial courts have the same authority in the same way to investigate, prosecute and decide the case of divorce in which the judicial system of religion is consigned to any person who is islamic and a public trial is reserved for people outside of islam then what if the subject is them who after marriage and under the marriage bond of one convert, which court has the authority to prosecute this matter and how the law will result upon the child and treasure of the divorce married couples who after marriage change their religion. The reserach methods adjunct in this study are done by the normatif method, which means that the research is based on studies of laws, govornment regulation, judicial decisions, legal opinions and other books and literature relating to this research. Based on the religio of the marriage that occurs, if the marriage occurs in the islamic religion, then divorce must be based on the rules of islamic law, and in this case, the court of religion is the place.

DUPLICATION OF SCIENCE BOOKS BY FOTOCOPY BUSINESS SERVICE PROVIDERS IN LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT

Putri Mardiyah — 2024-03-29

Books circulating in the market are relatively expensive and often become a separate obstacle for students to buy the book. Associated with the activity of duplicating books, it is often found among students during college. Students must choose to duplicate the book in the fotocopy business. The research method that the researcher uses is Normative Juridical, therefore it can be concluded 1) The view of Law Number 28 of 2014 Concerning Copyright Against the Duplication of Science Books by Fotocopy Business Service Providers is not included in the violation because it has been explained in article 44 of the Law Copyright The use, retrieval, duplication, modification of a work or related rights product in whole or in substantial part if the source is stated or listed in full for the purpose of duplicating books is permitted for the benefit of science. However, in Article 46 paragraph (1) copying a book by a fotocopying service provider is not considered a copyright infringement if the copying is done only once. 2) Government Efforts in Providing Legal Protection Against Copying Science Books Buying copyrights on the desired books then gives broad access to both educators and students in the digital version for the benefit of the world of education. Updating Law Number 28 of 2014 concerning Copyright in order to provide guarantees to creators and copyright holders to obtain economic rights protection.

LEGAL RESPONSIBILITY FOR THE USE OF ARTIFICIAL INTELLIGENCE IN MEDICAL PRACTICE

Novita Ardiyanti — 2024-03-31

The use of Artificial Intelligence in the medical world is a form of development and implementation of technology in the medical world. Indonesia is a country of law where everything that happens in Indonesia must be based and rely on the law. This research uses a normative juridical method using a conceptual approach by examining laws, articles, and also secondary and primary data sources related to the title to be analyzed. After reviewing it, the use of AI in the world of medicine really helps make things easier for health and medical workers. Meanwhile, legal responsibility for the use of AI in the world of medicine itself is borne by the creators of artificial intelligence and AI users, or in this case, the medical personnel themselves.

THE EFFECTIVENESS OF RESTORATIVE JUSTICE FOR VICTIMS OF NARCOTICS CRIME

Moj Alifuddin — 2024-03-31

The aim of this research is to analyze the effectiveness of implementing restorative justice for victims of drug-related crimes and the factors influencing the effectiveness of restorative justice for these victims at Polrestabes Makassar. This empirical legal research was conducted at Polrestabes Kota Makassar. The research utilized both primary and secondary data, and data collection techniques involved interviews. The data analysis was performed using qualitative descriptive analysis.

The research findings indicate that the application of Restorative Justice at Polrestabes Makassar is quite effective in terms of the quantity of drug-related cases resolved. The significant factors contributing to the effectiveness of Restorative Justice include adequate psychological and social support, collaboration with relevant institutions, and a legally-based approach.

COMMUNITY PARTICIPATION AND THE DEVELOPMENT PROCESS IN REGIONS IN STATE ADMINISTRATIVE LEGAL PERSPECTIVE

Otong Syuhada — 2024-03-26

Improvement of an area can be the main effort to improve people's welfare. In practice, community inclusion is one of the most important factors, and the main thing is arrangements with improvements based on the scale of needs. In Law Number 25 of 2000 concerning the National Development Program (Propenas) it is stated that the regional promotion approach is coordinated to realize broad, genuine and reliable regional independence in the system of community strengthening, self-directed education, political education, legal education, religious education, conventional education, and non-governmental organizations within the Unitary State of the Republic of Indonesia. The concept of a welfare state is briefly characterized as a country whose government is considered to have the vision to guarantee the lowest level of welfare for every citizen. It considers the points for viewing and analyzing the degree of open inclusion in preparation for progress in the regions from the point of view of the State Authority Act. The strategy used in this thinking is sociological juridical with a statutory and contextual approach, while the information used is additional information. From the results of the consideration, several forms of open association were found in handling regional progress, such as through the Recess Program carried out by each part of the DPRD in the form of training in the form of open meetings with the community (constituents) and the Development Planning Deliberation program carried out by the government by involving all components of society from each level and profession.

ANNOTATION OF JUDGE'S DECISION NO: 99/G/2020/PTUN-JKT ACCORDING TO THE PERSPECTIVE OF ONRECHTMATIGE OVERHEIDSDAAD

Yasmine Putri Andrian — 2024-03-28

Judges and prosecutors are law enforcers in Indonesia and are an inseparable part of the court. Both Judges and Prosecutors in exercising their powers and responsibilities must be carried out carefully without any intervention from any party. The accuracy of Judges and Prosecutors in carrying out their duties is needed to avoid the actions of Onrechtmatige Overheidsdaad which can result in injustice. This research was written with the aim of contributing ideas to society in general regarding the annotation of judge decisions according to the Onrechtmatige Overheidsdaad perspective. Onrechtmatige Overheidsdaad has the substance that government actions that violate the law can lead to liability for losses resulting from these actions. This research technique was carried out by collecting data and then compiling it to answer existing problems.

IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY

Shindy Cika Larasati — 2024-03-29

Legal aid is a right of the poor that can be obtained without payment (probono public). The provision of legal aid has also been regulated in Article 23 paragraph (1) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes that legal aid is an obligation given from the state for children of criminal offenders since being arrested or detained and during the time of examination. The problems that the authors examine in this study are 1). How is the implementation of the provision of legal assistance to children as perpetrators of criminal acts of sexual immorality at Posbakum PN Bukittinggi, 2). What are the Obstacles Faced in the Implementation of Providing Legal Assistance to Children as Perpetrators of the Criminal Act of Obscenity at Posbakum PN Bukittinggi, 3). What Legal Remedies Can Be Taken To Overcome Obstacles That Occur In The Implementation Of Giving Law To Children As Perpetrators Of Criminal Obscene Acts By Posbakum PN Bukittinggi. The research method that the writer uses is empirical legal research. Therefore it can be concluded 1). The implementation of the provision of legal assistance to children as perpetrators of criminal acts of obscenity by the Bukittinggi Legal Aid Institute has been carried out in accordance with procedures and has permanent legal force. 2). The obstacles faced in the implementation of the provision of legal aid by the Bukittinggi Legal Aid Institute were in the form of Legal Aid Funding Arrangements, the lack of witnesses presented, Using a Visum Et Repertum Letter. 3). Efforts to overcome obstacles in the provision of legal aid by the Bukittinggi Legal Aid Institute in the form of the Government need to pay attention to the implementation of legal aid for the poor, There is a need for updating the Law regarding witness statements, because in this case the perpetrators and victims are minors, and the the legal aid provider feels that the Visum Et Repertum must be carried out as soon as possible before the marks disappear.

ANALYSIS OF BAWASLU'S AUTHORITY IN HANDLING ELECTION VIOLATIONS AFTER DETERMINATION OF NATIONAL ELECTION RESULTS

Vikri Pranata Alif Utama — 2024-03-31

Indonesia merupakan salah satu Negara yang menganut sistem demokrasi secara langsung, baik untuk pemilihan presiden, dewan perwakilan, serta untuk pemilihan kepala daerah dipilih oleh rakyat secara demokratis sebagai ciri khas dari Negara yang menganut system demokrasi terbuka. ngginya tensi politik mengakibatkan banyak pelanggraan pemilu yang dilakukan oleh kontestan pemilu, penyelenggara pemilu serta masyarakat sebagai pemantau pemilu. Terdapat beberapa jenis dalam pelangarana pemilu, yaitu (1) pelanggaran Pidana (2) Pelangaran Kode Etik (3) Pelanggaran Administrasi serta (4) Pelanggran Pemilu lainnya. Bawaslu memiliki peran dalam proses tahapan awal dugaan tindak pidana pemilu dari proses pertama, kedua, sampai kepada tahapan pembahasaan bersama-sama dengan unsur lembaga lain yaitu kepolisian dan kejaksaan. Dalam proses kajian dugaan pelanggaran tindak pidana pemilu Bawaslu memiliki batas waktu yang harus diikuti sesuai dengan peraturan perundang-undangan (lice specialis)

THE STATUS OF THE WIDOW AS HEIR TO THE ASSETS INHERITED FROM HER DECEASED HUSBAND IS REVIEWED ACCORDING TO CUSTOMARY LAW

Shinta Nofitrianti — 2024-03-28

Customary law, which is unwritten, makes customary law dynamic in nature so that it is easy to adapt to developments required by the times. Determining the ownership status of assets during marriage is important to obtain clarity on what position the assets will be in the event of the death of one of the husbands or wives, which are the inheritance to be inherited by their respective heirs. Becoming a widow can occur due to divorce or death. The problem that the author examines is how to regulate inheritance in marriage law according to customary law in Nagari Sungai Rimbang, Suliki sub-district, and how is the position of a widow regarding her husband's inherited assets who have died in Nagari Sungai Rimbang, Suliki sub-district. The research method that the writer uses is Empirical Legal Research. Therefore, it can be concluded 1) Inherited Property Arrangements in Marriage Law According to Customary Law in Nagari Sungai Rimbang, Suliki District, Inherited property is property owned by a man or woman, during bachelors or girls who were obtained through gifts, wills or from business Alone. If the property is brought into the marriage of the man or woman dies, then the inherited property is returned or returned to the family of the man or woman from the mother's line. 2) A widow does not have the right to her deceased husband's property. The widow gets the right to hereditary property if before her husband dies he has given a will to the bequeathed person. If the widow has children, both girls and boys, from a legal marriage with the husband, then the child gets a share by way of both parties conducting deliberation.

THE ROLE OF THE NOTARY IN SALE AND PURCHASE AGREEMENT FOR MOVABLE PROPERTY (BASED ON DECISION NUMBER 33/PDT.G/2018/PN.BLK)

Nur Fitri Melnia — 2024-03-30

Article 15 paragraph (2) letter e of Notary Regulation states that a Notary has the authority to provide legal advice regarding the formation of a legal document. Sale and purchase agreement with an installment system is an anonymous agreement. The object of journal writing is Decision Number 33/Pdt.G/2018/PN.Blk. This research is descriptive analytical using a normative juridical approach, then the data is analyzed using qualitative juridical data analysis. Based on the research, the first result obtained is the authority of a Notary in legal counseling is only regulated in Article 15 paragraph (2) letter e of Notary Regulation and the installment sale and purchase agreement document is an unnamed agreement because there is no specific regulation in the law and the Civil Code in Indonesia, but this agreement still provides legal certainty. The second result is Decision Number 33/Pdt.G/2018/PN.Blk. The defendant has defaulted and obliged to pay the remaining payment. The Plaintiff must hand over to the Defendant 3 (three) documents of ownership of the vehicle being traded after the Defendant's debt is paid off.