Other Law Commons^™

Perlindungan Hukum Terhadap Bentuk Fiksasi Dalam Karya Musik Berdasarkan Perkembangan Undang-Undang Hak Cipta, Boy Brian E.S

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This journal aims to discuss the protection of copyright law against tapes converted into the form of a sound recording or a tool shaped CD (Compact Disc), in addition it is to discuss how enforcement against violations fixation in a piece of music that is poured into a recording tool so that it can be enjoyed through the CD. This journal will discuss about the forms of piracy which often occur in the field of copyright songs and music. In this journal will be discussed also about violations in the field of copyright songs or music that will be penalized …

Urgensi Perlindungan Hukum Atas Simpanan Uang Elektronik, Abdurrahman Marahimin

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The use of electronic money shows positive developments, but is not accompanied by the development of regulations that provide legal protection to its users, especially with regard to the loss of electronic money. The problem in this study is how the legal protection for electronic money deposits and how the form of protection for electronic money deposits in the future so as to ensure the safe use of electronic money. This study uses a normative juridical method, using secondary data and using qualitative data analysis methods. The results of the study stated that the IDIC does not have the authority …

Politik Hukum Pertambangan Dalam Pelaksanaan Kewajiban Pengolahan Dan Pemurnian Mineral Dan Batubara Di Indonesia, Ahmad Nugraha Abrar

"Dharmasisya” Jurnal Program Magister Hukum FHUI

This study discusses the politics of mining law in the implementation of the obligation to process and purify minerals and coal to improve the quality of minerals and coal in Indonesia. The research focuses on the legal politics that occur in the implementation obligations in developing mineral and coal processing and refining in the country to improve the quality of minerals and coal before being exported abroad. This study also discusses the paradigm of mining regulations in processing and refining since the mining law in post-independence to reformation. The results of this study indicate that there are still problems in …

Pemanfaatan Dan Perlindungan Hukum Terhadap Sumber Daya Air Dalam Perspektif Investasi Dan Kesejahteraan, Arindita Pratiwi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

As a natural resource that can be renewed and is an unlimited energy, water has an important role in meeting the daily needs of humans and other living things, without water there would be no life. The presence of the state in managing water resources for the greatest welfare of the people is a manifestation of the state's control over water resources as mandated by Article 33 paragraph (3) of the 1945 Constitution of the Republic of Indonesia and is the state's obligation to fulfill the people's rights to water. In fulfilling the need for clean water for all its …

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …

Tinjauan Yuridis Dalam Penyelesaian Pelanggaran Ham Berat Melalui Komisi Kebenaran Dan Rekonsiliasi Di Afrika Selatan Dan Indonesia, Tshana Erfandi

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Several countries are currently developing a solution to the problem by establishing a particular commission. The commission works outside the courts, parliament and executive. In Indonesia, In Indonesia. The People's Consultative Assembly set a stipulation regarding the establishment of the National Center for Truth and Reconciliation: (NCTR) in 2000. This stipulation has the intent and purpose for national unity to identify existing problems, determine the conditions that must be made in order to achieve national reconciliation and establish policy direction as a guide to carry out the consolidation of unity of a nation. Whereas in South Africa, the National …

Wacana Pemerintah Untuk Mereposisi Kelembagaan Inspektorat: Tindak Lanjut, Tanggapan, Serta Inisiasi Kedepan, Richo A. Wibowo, Mailinda E. Yuniza, Rizky S. Widyaningtyas, Hendry Julian Noor

Jurnal Hukum & Pembangunan

This research aims (i) to elaborate about a central government plan on repositioning the structure of inspectorate; (ii) to explain responses of some inspectorate officers regarding the plan; and (iii) to provide suggestions on the adjustment plan that should be taken into consideration by the central government. This research found that, different with the public perception, the plan is not intended to reposition all the inspectorates, rather to inspectorates attached to local governments. These inspectorates are designed to be what the-called ‘kuasi vertical institution’. Meaning, it has a mixed character of both central and local government institution. This initiation increases …

Polemik Pengaturan Kepemilikan Data Pribadi: Urgensi Untuk Harmonisasi Dan Reformasi Hukum Di Indonesia, Setyawati Fitri Anggraeni

Jurnal Hukum & Pembangunan

Big data is the large volume of data available in information traffic and is considered to have economic value in the present. The data is collected, stored, and sometimes analyzed for the purpose of providing economic benefits to certain organizations. As individuals who provide the data to an organization, we believe that the data will be protected and kept confidential. However, the reality is sometimes different. Laws and regulations that specifically regulate the collection, storage, publication and protection of personal data very needed. This paper will discuss the legal framework for personal data and their protection in Indonesia. At the …

Hubungan Hukum Pedagang Perantara Dan Pelaku Usaha Dalam Bisnis Perikanan Nasional, Nur Sulistyo Budi Ambarini, Tito Sofyan, Edra Satmaidi

Jurnal Hukum & Pembangunan

This paper is part of non-doctrinal legal research using socio-legal research approach. The role of intermediary traders in the fishing business is very important. One side as an intermediary and on the other hand provides capital to fishermen and / or fish processors. The relationship creates an imbalance seen from the perspective of contract law because the position of intermediary traders as the owner of capital is stronger, so the balance principle among the parties can not met. In practice from the perspective of local law it is not an imbalance because the contribution of intermediary traders is not only …

Peran Pemerintah Daerah Dalam Pelaksanaan Pemerintahan Yang Baik (Good Governance) Dibidang Pembinaan Dan Pengawasan Indikasi Geografis, M. Rendi Aridhayandi

Jurnal Hukum & Pembangunan

The Regional Government is the regional head as an element of the Regional Government organizing the execution of government affairs which is the authority of the autonomous regions. In the implementation of government affairs must implement the principles of good governance. One of the roles of Regional Government is in the field of guidance and supervision of Geographical Indication in accordance with the mandate of Articles 70 and 71 Undang-Undang Nomor 20 Tahun 2016 tentang Merek dan Indikasi Geografis. This is important in legal protection of products that are characterized by the geographic area of a region, only in the …

Delik Terhadap Keamanan Negara (Makar) Di Indonesia (Suatu Analisis Yuridis Normatif Pada Studi Kasus Sultan Hamid Ii), Anshari -

Jurnal Hukum & Pembangunan

This research is normative study (doctriner) to crime against state security (Makar) in Indonesia, this criminal act compared with a study to one case, which is accusation about “makar” or “rebellion” to Sultan Hamid II during 1950-1953. The definition from criminal act aginst state security regulated in Section One Book Two Criminal Code (KUHP). Core from this criminal act that forbidden is that Makar (Aanslag) and Rebellion (Opstand). In practical also in Indonesian history, often found cases about law violation in Indonesia that are actually not neccessarily include violation about attempt against state security. But the goverment as political leader, …

International Child Abduction: Bagaimana Indonesia Meresponnya?, Priskila Pratita Penasthika, Lita Arijati, Annissa Gabianti Anggriana

Jurnal Hukum & Pembangunan

Wrongful removal or retention of a child outside the state of his or her habitual residence is known as international child abduction. The Hague Convention on the Civil Aspects of International Child Abduction 1980 established procedures to ensure the prompt return of the internationally abducted child to the state of his or her habitual residence. By discussing the international child abduction cases involving Indonesia, this article demonstrates the obstacles in returning those internationally abducted children. This discussion is undertaken by taking into account the difference in qualifying the concept of international child abduction in Indonesian law and the Hague Convention …

Menakar “Gen” Hukum Indonesia Sebagai Dasar Pembangunan Hukum Nasional, Ilham Yuli Isdiyanto

Jurnal Hukum & Pembangunan

This research takes a new term called “legal gene” to explain the historical map hereditary about legal model in Indonesia. The legal gene thinking method then combined with historical-normative method so that the prescriptive element can be obtained as the final result from this research. The final result concluded that the study of legal gene in Indonesia is still far from perfect, especially legal gene study which more systematic and comprehensive since kingdom period, colonial, until Indonesian Republic period. Things get more severe because the Government seems not serious taking this matter, thus the aftermath is the discourse and national …

Revitalisasi Desa Dalam Konstelasi Desentralisasi Menurut Undang-Undang Nomor 6 Tahun 2014 Tentang Desa, Richard Timotius

Jurnal Hukum & Pembangunan

In the New Order period, the village was arranged separately in Law No. 5 of 1979, which adopted the uniformity of such a village in Java, precisely causing the existence of customary law community outside Java experienced a tremendous reduction. Law No. 6 of 2014 finally accommodate the existence of indigenous villages and villages. This paper used normative juridical research method which result that the existence of Law Number 6 Year 2014 regarding Village is a form of revitalization of previous regulation. The revitalization covers the arrangement of village authority, village finance arrangement, village government management and rural development and …

Perlindungan Hukum Atas Cerita Rakyat Yang Ditulis Oleh Pencipta Dalam Rangka Benefit Sharing, Eva Dewi Kartika

Jurnal Hukum & Pembangunan

Indonesia is known as a country rich in culture. Every region in Indonesia has its own folklore that comes from the local community. This folklore is basically given through oral and non-written media and is known as folkore. Writing a book based on folklore with the inclusion of the name of the creator is not appropriate because the copyright of the folklore is included as one of the traditional cultural expressions and owned by the state, in this case managed and represented by the government. The community of origin of the folklore is also entitled to the utilization of the …

Membangun Transparansi Pengadaan Barang Dan Jasa Melalui Peningkatan Peran Ict Dalam Mereduksi Korupsi, Sabrina Dyah Nayabarani

Jurnal Hukum & Pembangunan

Corruption in goods and services procurement is one of the most frequent corruption in Indonesia. So, this article discuss about the role of information communication and technology (ICT) and its mechanism for improving transparency as an effort to prevent corruption. This study apply descriptive method, literature review, and analysis the research which have been done by preceding researcher. This article conclude that ICT is statistically significant for reducing corruption, but the implementation of that system should be needed further evaluation. There are some important things which need more evaluation, such as: sufficiency of skilled worker for operating e-procurement, user support, …

In Memoriam Paul Moedikdo (1927-2016) Pakar Kriminologi Yang Berpendirian Tegas Sebuah Nekrologi Oleh Jan Van Olden, Mardjono Reksodiputro Prof.

Jurnal Hukum & Pembangunan

Paul Moedikdo is just one of the many Indonesians who settled in the Netherlands because they were forced by circumstances resulting from the political upheaval in Indonesia in 1965 where there was an "unforgiving pursuit" of everything that smelled of leftism so that many intellectuals and activists were forced to seek happiness in the Netherlands. abroad, far from the homeland. Paul is an expert in criminology who works at the Willem Pompe Institute under the auspices of the University of Utrecht. As an Indonesian he is an ideal guest lecturer in efforts to improve the quality of education and research …

Dilema Upaya Hukum Terhadap Penyadapan, Damian Agata Yuvens, Rangga Sujud Widigda, Aisyah Sharifa

Jurnal Hukum & Pembangunan

Although interception is not a new institution in Indonesia, unfortunately the regulations are still scattered and different from one to another. In its context as authority of law enforcer, interception does not have horizontal balancing mechanism. Referring to considerations of Constitutional Court of the Republic of Indonesia in expanding the scope of pre-trial, apparently those considerations could be applied towards interception, thus conceptually, it can be said that pre-trial could be stretched to include interception. Nevertheless, there is incompatibility between concept of pre-trial and regulations concerning interception in the prevailing laws

Analisis Yuridis Terhadap Asas Efisiensi Berkeadilan Berdasarkan Pasal 33 Ayat (4) Uud 1945 Dalam Peraturan Perundang-Undangan Di Bidang Ketenagalistrikan, Adhi Anugroho, Ratih Lestarini, Tri Hayati

Jurnal Hukum & Pembangunan

This thesis discusses the implementation of the principle of "equitable efficiency" as contained in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment in legislations concerning electricity. This research analyzes how the Constitutional Court interprets the element of "equitable efficiency" in the constitutional reviews Electricity Law. This article concludes that the meaning of "equitable efficiency" in Article 33 paragraph (4) of the 1945 Constitution After the 4th Amendment is that the national economy should be organized to use the least amount of resources to achieve the greatest amount of welfare which could be enjoyed equitably by the …

Pengisian Jabatan Anggota Badan Pemeriksa Keuangan (Bpk) Untuk Mewujudkan Bpk Yang Independen, Dumaria Simanjuntak

Jurnal Hukum & Pembangunan

BPK as the only external audit institution that is equal to other state institutions whose responsibility to audit the state finance's management and accountability should be far apart from political parties' interests. However nowadays some of the chief-persons of BPK are involved in political parties' interests morever become suspects in some corruption cases. To establish BPK as independent and professional institution, chief-person position charging must be free from political parties' interests. This essay exposes the development of regulation of BPK chief-person position charging as main topic analysis. The conclusion of the research is there was advance development in regulation related …

Reposisi Pemberian Kuasa Dalam Konsep “Volmacht Dan Lastgeving” Berdasarkan Cita Hukum Pancasila, Pieter E. Latumeten

Jurnal Hukum & Pembangunan

The dynamic development of mandate as a contract that brings forth representation is disaccord with the definition and norm of lastgeving under Indonesian Civil Code. This research has a goal to unravel such issue by pointing out of that there is a need for repositioning in the form concept renewal for the definition and norm of mandate contract under Indonesian Civil Code that is line with our philosophical foundation (rechtsidee), which is Pancasila. Juridical normative methodology carries out of the repositioning by examining the principles, its own concept as a postivie law and meta juridical, and with the help of …

Menolak Mafia Peradilan: Menjaga Integritas Hakim-Menyelaraskan Perbuatan Dan Nuraninya, Eman Suparman Prof.

Jurnal Hukum & Pembangunan

The terminology is not only just a figment or slander. In fact, its present has been confirmed by the establishment of the Judicial Mafia Eradication Task Force by President Susilo Bambang Yudhoyono. Lately, some important events have occurred in Indonesian judiciary organs. The welfare improvement program for judges, which was manifested by the Judicial Commission, Government and Parliament of the Republic of Indonesia in the form of increased allowances of judges, has not been able to significantly erode the corrupt behavior of some unscrupulousgreedy judges.Therefore, in order to respond to the objective conditions that occur lately, the President of the …

Putusan Pengadilan Pidana Sebagai Dasar Pengajuan Gugatan Perbuatan Melawan Hukum Terkait Pelaksanaan Uang Pengganti, Sri Laksmi Anindita, Lazuardi Adnan

Jurnal Hukum & Pembangunan

Since Indonesia has known and enforced the concept of tort, an act regarded as tort is not only actions contrary to the law, but an act that violates the principles of propriety, the principles of thoroughness and cautionary principle also included in tort. Around 2010, it was found that the act of not fulfilling the decision of court which has binding power associated for compensatory money in cases of corruption becomes the basis of a tort lawsuit, where the problem is that court verdict is not a main legal source for countries which adopt civil law such as Indonesia. Therefore, …

Model Penguasaan Tanah Pauman Di Kabupaten Karangasem, I Made Suwitra, I Made Minggu Widyantara, I Nyoman Sujana

Jurnal Hukum & Pembangunan

In the period of kingdom, Pauman land was collectively owned by the community called pauman. After the independence and at the time Land Law had been imposed, even in some villages the land had been proposed to be owned individually and some of the land had been sold, so the problem discussed were; what model was applied for the pauman land ownership and how the management was done when the Land Law had been imposed. The model of the research was a research of normative law with legislation, concept, analytic, and case approach. The sources of the regulation which were …

Norma Kesusilaan Sebagai Batasan Penemuan Hukum Progresif Perkara Kesusilaan Di Bangkalan Madura, Hwian Christianto

Jurnal Hukum & Pembangunan

Society definitely have different conception to the norms especially Bangkalan citizen, Madura. Once social case happen, judge confronted to decide according to decency norms. The Bangkalan State Court have arranged decency norm as main basic to judge social case. The decision is accepted as a law product which appoint to justice. This thought is in line with progressive law-founding which underline the essence of society values conception as an exist law. The decision of Bangkalan State Court have kept the social that highly suspended by people in Bangkalan Madura

Membangun Parameter Intersubjektif Pornografi Dengan Perspektif Postmodernisme (Studi Kasus Putusan Nomor 39/Pid.Sus/2014/Pn.Wsb), Josua Sitompul

Jurnal Hukum & Pembangunan

One of fundamental idea established in postmodern concept is advoacy of diversity and freedom without determined by mainstreams. Postmodernism, though started from art and literature, has developed into various disciplines, include law. Discussions of the idea within legal discourses, at one side, have tried to link the mainstreams and the minorities in harmony, but at the other side, law demands to be exercised uniformly. This article discuss postmodern perspective in understanding pornography within the context of Law 44/2008 on Pornography; this law remains retain problems regarding the concept of pornography that law enforcement officers, particularly judges, have to solve. The …

Inventarisasi Ekspresi Budaya Tradisional Secara Terstruktur Sebagai Upaya Perlindungan Pengetahuan Tradisional, Isti Novianti

Jurnal Hukum & Pembangunan

Indonesia is a country that has an assortment of tribes and customs. To be observed the diverse cultures that exist so that governments are required to keep to be preserved properly. To know and recognize traditional cultures of various regions will require a data base that includes the traditional knowledge in Indonesia. This database can also be used as a source of information that can be accessed both international and domestic. In this case the central government and regional governments are given the authority to inventory Traditional Cultural Expressions. Effort into making the database has been started in the discourse …