Humans are God's creatures who have brought basic rights, namely Human Rights. These Human Rights make a basis for every human being to fulfill rights and obligations. This becomes the same in social, national and state life so that they have the same position in the eyes of the norms that apply in society. apart from these Human Rights, there are still many deviations that occur in Indonesia that are contrary to Human Rights. Trafficking in persons is an example of a violation of human rights. There are many kinds of human trafficking, but researchers are more specific in explaining human trafficking to children. Trafficking in children is still being discussed in the legal world because there are still many cases in Indonesia involving child victims. What is problematic is how the law applies in Indonesia to protect children from trafficking in persons. The method used in this research is normative juridical research. So that regulations in Indonesia are stricter and clearer to regulate and protect children from trafficking in persons and this can have a deterrent effect on perpetrators who violate the law by trafficking in persons against children.
The rapid development in the world of trading is due to the rapid development in the field of technology and the convenience for everyone to access the internet, so that there is an opportunity for abuse through trading robots to gain illegal profits, as has happened to the DNA Pro Trading Robot by carrying out the Ponzi Scheme Mode. The problem in this research is how to review the criminal law against the illegal trading robot affiliate DNA Pro in Indonesia. The research method used is normative juridical. The results of the study show that the suspects in the DNA Pro Trading Robot Case who are under the auspices of PT. DNA Pro Akademi is proven legally according to law to have committed a crime of participating in attempting, assisting, or conspiracy to commit a criminal act of money laundering in terms of receiving or controlling the placement, transfer, payment, or use of assets that he knows or reasonably suspects are proceeds crime, as referred to in Article 5 in conjunction with Article 10 of Law Number 8 of 2010 concerning Prevention and Eradication of Money Laundering Crimes. The Affiliators of the Pro DNA Trading Robot, which are Illegal Trading Robots, are legally proven to have committed a Criminal Act regulated in Article 378 of the Criminal Code and to spread misleading news is a criminal offense regulated in Article 28 paragraph (1) of Law Number 11 of 2008 concerning ITE, which caused around 3,621 people to become victims of fraudulent investments under the guise of Robot Trading DNA Pro with a total loss of approximately Rp. 551,000,000,000.- (five hundred and fifty one billion rupiah).
Every human activity experiences a significant shift as a result of the passage of time, especially in the field of technology. Technological advances will have a positive effect on the economy from year to year, especially in the technology sector. The purpose of this research is to find out how the implementation of international recognition for storing micro-organisms of the Director General of Ki, Ministry of Law and Human Rights Regional Office of Lampung Province and the form of legal protection for patent applications related to microorganisms. Intellectual Property Rights (IPR) are rights to things that originate from the work of the brain and reason or reason regarding the work of the human ratio. These rights are referred to as property rights. The results of his work in the form of immaterial objects (ie objects that are not tangible). The approach taken is normative juridical, namely using legal principles and comparative law to investigate literary data or secondary information.
Marriage of pregnant women out of wedlock is no longer a new thing among the people, even though Islam clearly forbids committing adultery and its causes. So that Islam encourages people to get married rather than commit adultery, because adultery is one of the factors that can destroy life. This study uses the method of library research (library research) with data collection techniques through a review of books and literature. This research uses content analysis research, which is research that relies on data and also a number of texts (such as the Al-Qur'an, Hadith, and the Thoughts of Ulama) to be processed and compiled into research material. Research Results: First, the marriage of a pregnant woman out of wedlock with a man who does not impregnate the perspective of Islamic law, according to Imam Abu Hanifah, it is permissible to marry her on the grounds that she should not have intercourse first and that sperm from adultery is not valued in the sense that her offspring is only assigned to her mother and not to his father. Imam Abu Yusuf and Zufar are not allowed to marry her because it is based on the prohibition of having sex with a pregnant woman. Second, the marriage of a pregnant woman out of wedlock with a man who is not impregnating from a gender equality perspective, a pregnant out of wedlock woman also has the right to choose her future life partner regardless of who she is pregnant with, and also has the right to refuse the man who made her pregnant. on the grounds that the man is not right to be her husband. Third, the status of children from marriages of pregnant women out of wedlock with men who are not pregnant, is only assigned to their mothers, so men who marry their mothers are obliged to declare an oath of li'an linafyil. the man does not have the right of relationship to the child.
The process of creating a fiduciary guarantee is carried out through the imposition stage which is carried out before a notary and the fiduciary guarantee registration stage. In practice, currently there is widespread use of power of attorney to charge fiduciaries under the hand to make fiduciary deeds before a notary. The problem in this study is how the process of implementing fiduciary imposition with a private power of attorney for fiduciary guarantees according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang and how is the legal force of the fiduciary deed made through a power of attorney under the fiduciary guarantee. The approach method is empirical juridical, descriptive analytical research specifications, data sources are primary data and secondary data. Data collection methods are field studies and literature studies, data analysis is qualitative. The results of the study show that the process of implementing fiduciary imposition with a power of attorney for fiduciary guarantees is underhand according to Law no. 42 of 1999 at PT BPR Artha Tanah Mas Semarang, the debtor signs a power of attorney for fiduciary guarantees, then the bank faces itself before the notary to make a fiduciary guarantee deed for further registration at the Fiduciary Registration Office. The fiduciary deed made through a power of attorney under the hand of fiduciary guarantees is basically valid, but if there is a lawsuit or intervention from another party, the power of attorney under the hand of fiduciary has weaknesses in the verification process, where the position of the power of attorney under the hand is very weak and lacks legal certainty.
Changes in spatial use arise as a result of changes in the balance between the number of inhabitants and the available land area. The population continues to increase from time to time, while the available land area never increases. The Economic Of Law Analysis approach plays an important role in the policies of the Regional Government. Qualitative descriptive research method, with a normative approach. A normative approach, namely an approach taken by collecting and studying applicable legal regulations that are closely related to research issues which include laws and other laws and regulations, official documents, and other sources that are closely related to the problems studied. the economic of law analysis approach plays an important role in the policies implemented by the Samarinda City Government in terms of spatial use. Definitively, urban areas are areas that have the main activity of arranging the functional arrangement of areas as places for urban settlements, concentration and distribution of government services, social services, and economic activities. The Samarinda City Spatial Planning through the Samarinda City Regional Regulation Number 2 of 2014 in addition to regulating the Spatial Planning in Samarinda City also provides an overview of the spatial use of the Samarinda City area for the next 20 years.
Peran Sipir Terhadap Penerapan Aturan Kementrian Hukum Dan Ham Nomor 6 Tahun 2013 Dalam Penanggulangan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kota Kendal. Penelitian ini bertujuan untuk mengetahui bagaimana Peran Sipir Terhadap Penerapan Aturan Kementrian Hukum Dan Ham Nomor 6 Tahun 2013 Dalam Penanggulungan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kendal dan bagaimana hambatan Sipir Dalam Menerapkan Aturan KemenKumHam Nomer 6 Tahun 2013 Dalam Penanggulangan Penyeludupan Narkoba Di Lembaga Pemasyarakatan Kelas II A Kendal. Adapun jenis penelitian menggunakan data primer dan data sekunder yang di dukung dengan teknik wawancara langsung dengan narasumber petugas sipir di Lembaga Pemasyarakatan Kelas II A Kendal kemudian di analisa menggunakan analisa kulitatif. Berdasarkan hasil penelitian penulis menyimpulkan bahwa Peran Sipir Dalam Menerapkan Aturan KemenKumHam No 6 Tahun 2013 dalam Penyeludupan Narkoba di Lapas Kelas II A Kendal dimulai dari Sipir melakukan secara benar serta menegakan itegritas pelaksanaan tugas pokok seperti terjaminya tata tertib Lapas Kelas II A Kendal, dimana dalam pelaksanaanya Sipir menemuai hambatan seperti faktor sarana dan faktor sumber daya manusia yang berkaitan dengan kuatitas dan kualitas sipir yang bertugas di Lapas Kelas II A Kendal.
Legal protection means recognition, compliance, and support for the rights of all individuals, all families and all groups, as well as aspects of their implementation. Thus, patient protection law is the entirety of the principles and rules that regulate and protect patients in the relationship and problems of medical services with medical personnel and medical providers, in terms of obtaining medical services. Legal protection is a protection given to legal subjects, namely individuals or legal entities in the form of tools, both preventive and repressive, both oral and written. In Law No. 44 of 2009 concerning Hospitals Article 1 Regarding General Provisions, it is a health service institution that provides complete individual health services that provide inpatient, outpatient, and emergency services.
Arrangements for the transfer of land rights are regulated in the provisions of Article 37 Paragraph (1) and Paragraph (2) of Government Regulation Number 24 of 1997 concerning Land Registration. In this case the meaning of "Certain Circumstances" according to the concept of Article 37 Paragraph (2) of Government Regulation No. 24 of 1997 concerning Land Registration and the authority of the Head of the Land Office in registering the transfer of land rights even without being proven by the deed of the Land Deed Making Officer (PPAT). This study uses normative legal methods, with the approach of statutory regulations and other library materials. Based on the results of the author's research that "Certain Circumstances" does not have a clear meaning and uniformity, causing multiple interpretations. As for the authority of the head of the office in carrying out land registration according to the provisions of Article 37 Paragraph (2) has discretionary authority in making policies regarding the transfer of land rights that are not proven by a PPAT deed. Thus, it is necessary to synchronize the laws and regulations governing the registration of land rights by the National Land Agency, especially in the registration of land rights based on deeds that are not made by the PPAT. It would be better if the "Certain Circumstances" referred to were detailed in the body/explanation section so as not to cause multiple interpretations which could become an opportunity for abuse of authority.
In Article 2 paragraph 1 of the Marriage Law it is stated that marriage is valid if it is carried out according to the laws of each religion and belief. In the Explanation of Article 2 paragraph 1 of the Marriage Law it is stated that no marriage is outside the law of each religion and belief in accordance with the 1945 Constitution. Thus according to law, marriage must take place according to the law of each religion and belief. If the marriage is carried out outside or contrary to the laws of each religion and belief, then the marriage is invalid. The words "the laws of each religion and its beliefs" do not mean that each party is subject to different religious laws, but that it only shows or distinguishes the religions that are adhered to by the people of Indonesia, therefore Article 2 of the Law Marriage will only be effective if the prospective husband and wife adhere to the same religion. Now the problem is if the prospective husband and wife who want to get married adhere to different religions, which party's religious law will apply to legalize the marriage, while neither party wants to give in to submit to the other party's religious law. It should be pointed out that no marriage may be legalized by two different religions at the same time, because each religion has its own principles and different marriage rules from one another, which of course have different consequences.
Tenun Alor is one of the results of the crafts of the Alor community whose existence is recognised in the past, has different motifs and different patterns of the products of the other regions, has a particular philosophy in each motive, and is an icon of the region that is frequently used in various activities at the local, national and international level. Unfortunately, the products already known to the market have not been legally protected by intellectual property rights by the State. The aim of this research is to learn about the legal efforts undertaken by the Regional Government in order to promote wider legal protection against Geographical Indications of Alor Tea, as well as to describe the challenges facing to preserve Alor tea. This research is normative. The results of this study show that the Provincial Government has sought to protect Alor Fabrics in the Geographical Indication System because the results of the research show that legal protection is not ideal. One example is the lack of legal certainty about Geographical Indications of Alor fabrics. Furthermore, in order to raise public awareness of the importance of legal protection of Geographical Indications, proper and effective socialization is essential. Effective socialization campaigns should inform people about the importance of protecting Geographical Indications and ofining the quality and originality of products.
Correctional Institution is a place to carry out coaching for prisoners and Correctional Students which is carried out using the correctional system. This study aims to (1) determine the effectiveness of the role of correctional institutions in the efforts to foster convicts in terms of law no. 22 of 2022 concerning correctional (2) determines the implementation of coaching in Class IIA Bekasi Penitentiary for convicts who are sentenced to light crimes. The type of research used in this research is empirical juridical with the nature of descriptive research. This research was conducted at the Bekasi Class IIA Penitentiary. The data collection technique was carried out by using interviews and literature study techniques. The data collection method was processed qualitatively. The results of the research (1) determine the effectiveness of the role of correctional institutions in the efforts to foster convicts in terms of law no. 22 of 2022 concerning correctional facilities is not yet fully effective because in reality there are still convicts who commit repeated crimes. (2) knowing that the implementation of coaching in Class IIA Bekasi Penitentiary for convicts sentenced to light crimes has not been fully implemented properly, as evidenced by the fact that the rights of prisoners have not been fully fulfilled and some activities are not running optimally due to overcapacity of correctional institutions, not in proportion to the number training officers and convicts, as well as the lack of supporting facilities and infrastructure for coaching.
Beragamnya konstruksi konsepsi nusyuznya istri dari para fuqaha dan kaburnya bangunan norma perihal ruang lingkup konsepsi nusyuznya istri dalam anatomi hukum positif di Indonesia, ditengarai menjadi pemantik munculnya ketidakadilan bagi istri pada satu sisi. Di sisi lain, tidak sterilnya dialektika proses putusan verstek pada permohonan cerai talaq yang nusyuznya istri sebagai dalil permohonan, juga memberikan potensi-potensi stimulus ketidakadilan bagi istri, baik pada saat proses perceraian maupun pasca perceraian yakni terkait dengan hak-hak nafkahnya maupun akibat dari sematan stigma negative dari nusyuz di ruang-ruang sosial. Penelitian ini bertujuan untuk mengetahui indikator nusyuznya istri menurut ulama mazhab dan hukum positif dan bagaimana urgensitas penerapan prinsip kehati-hatian (precautionary) hakim dalam memeriksa dan memutuskan permohonan cerai talaq dengan alasan nusyuznya istri. Penelitian ini menggunakan metode penelitian hukum normatif dengan pendekatan perundang-undangan, filosofi, konseptual dan teoritik. Hasil penelitian ini menunjukan bahwa implikasi dari adanya kekaburan norma dalam KHI perihal indikator-indikator perbuatan nusyuz istri berdampak pada beragamnya pula kategori perbuatan yang dikonstruksikan sebagai perbuatan nusyuz istri yang menjadi alasan suami dalam permohonan cerai talaq; dan hakim dalam memeriksa dan memutuskan permohonan cerai talaq dengan alasan nusyuznya istri harus menerapkan prinsip kehati-hatian (precautionary) dan menjadikannya sebagai bintang pemandu dalam menghadirkan keadilan subtantif bagi para pihak guna untuk mencegah terjadinya kemudaratan (mafsadah) yang lebih besar, atau mencegah terjadinya pereduksian nilai kesyakralan nusyuz sebagai lembaga hukum perceraian seperti, munculnya potensi suatu kebohongan besar (de groten langen) dari suami; dan mencegah dampak buruk dari sematan stigma nusyuz bagi istri pasca perceraian termasuk implikasinya pada hak-hak atas nafkahnya.
Intellectual Property (“IP”) is an important aspect that must be protected, especially in the business industry. The Copyright Law is a legal umbrella to accommodate an exclusive right of creators, copyright holders and/or related rights holders. The exclusive rights include economic rights, namely the distribution of royalties related to a song announcement, or performing rights. Arrangements regarding the distribution of royalties for performing rights are contained in Government Regulation Number 56 of 2021 concerning Management of Song and/or Music Copyright Royalties, which is carried out by the National Collective Management Institute (LMKN). However, until now there is no sociological fact that shows that the law has been able to accommodate the needs of various groups of people in the realm of distribution of performing rights royalties. Some of these facts include the lack of transparency regarding the distribution of royalties, and the absence of a database to distribute royalties. Then, in order to overcome these various problems, it can be done with.
After the UUPA came into effect, all land rights throughout Indonesia were subject to land law regulated by the UUPA, in fact in society there were still rights to land from customary law, so that the conversion was carried out from an atmosphere of customary law to become UUPA. For legal certainty over land rights, the Head of the National Land Agency issued a special policy on customary land registration procedures.
Law No. 37 of 2004 concerning Bankruptcy and Postponement of Debt Payment Obligations (PKPU) only prohibits debtors from submitting a reconciliation plan if declared bankrupt based on Article 285, Article 286 and Article 292. This research seeks to answer legal issues regarding the legal position of debtors and creditors in bankruptcy after the plan has been rejected. peace in the PKPU process. To answer the research problem, this study uses a type of normative legal research with a statutory approach, a conceptual approach, and a case approach in the form of a Surabaya Commercial Court decision which has permanent legal force. The data used are secondary data in the form of primary, secondary and tertiary materials, obtained through library research or document studies. The results of this study indicate that debtors and creditors can still reach peace even though the Commercial Court has declared the debtor in a state of bankruptcy originating from PKPU. The legal considerations of the panel of judges in ratifying the reconciliation of PT Anugrah Kembang Sawit Sejahtera in bankruptcy originating from PKPU as stated in Decision No. 59/Pdt.Sus-PKPU/2019/PN.Niaga.Sby at the Commercial Court at the Surabaya District Court is the result of voting for a bankruptcy debtor's settlement proposal that has been approved by the creditor in accordance with the provisions of Article 151 of the Bankruptcy Law and PKPU which is then set forth in a peace agreement. In addition, the Court did not find any reasons for refusing to ratify the settlement in accordance with Article 159 paragraph (2) of Law No. 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, the court is obliged to give a decision regarding the ratification of the settlement.
This research aims to analyze the application of the principle of audi et alteram partem in the proceedings of simple claims in the District Court and to examine the constraints and obstacles in applying the principle of audi et alteram partem in the proceedings of simple claims in the District Court. The research method used in this study is empirical research, which involves collecting data directly through field studies conducted at the District Court of Makassar and the District Court of Sungguminasa. Data collection techniques include interviews and literature review, followed by qualitative analysis and descriptive presentation. The results of this study indicate that: 1) The principle of audi et alteram partem applies to the proceedings of simple claims. Although the proceedings of simple claims are specifically regulated in the Supreme Court Regulation No. 2 of 2015 concerning Simple Justice in the General Judiciary, this principle must still be upheld. In the proceedings of simple claims, both the plaintiff and the defendant have the opportunity to express their opinions before the judge makes a decision. Parties who are absent in the first hearing will be summoned again to attend the second hearing in order to listen to arguments from the other party. 2) The constraints in applying the principle of audi et alteram partem include time limitations in the proceedings of simple claims, which may not provide sufficient time for the parties involved to present their arguments comprehensively and clearly, lack of legal support, making it difficult for them to effectively present their arguments, and lack of strong evidence, making it difficult for the judge to make accurate decisions.
Keberadaan Pasal 36 ayat (1) huruf a Undang-Undang Nomor 6 Tahun 1983 tentang Ketentuan Umum dan Tata Cara Perpajakan (UU KUP) yang ditujukan untuk pengurangan atau penghapusan sanksi administrasi bagi Wajib Pajak, justru menjadi permasalahan hukum dengan adanya disparitas putusan pengadilan pajak yang menerapkan ketentuan tersebut. Permasalahan dalam penelitian ini adalah bagaimana kepastian hukum Pasal 36 ayat (1) huruf a UU KUP sebagai upaya mencegah terjadinya disparitas putusan pengadilan pajak? Metode penelitian yang digunakan adalah yuridis normatif. Hasil dari penelitian memperlihatkan bahwa kepastian hukum Pasal 36 ayat (1) huruf a UU KUP merupakan kewenangan atributif Direktur Jenderal Pajak untuk menerima atau menolak permohonan pengurangan atau penghapusan sanksi administrasi sebagaimana terlihat pada frasa “dapat” yang ada pada Pasal 36 ayat (1) huruf a UU KUP. Frasa “dapat” tersebut dapat diartikan Direktur Jenderal Pajak memiliki kebebasan memutuskan menerima atau menolak permohonan pengurangan atau penghapusan sanksi administrasi dengan berlandaskan unsur keadilan. Oleh karena itu, dalam upaya mencegah terjadinya disparitas putusan pengadilan pajak, perlu adanya pedoman penerapan Pasal 36 ayat (1) huruf a UU KUP. Pedoman tersebut berisikan kewajiban bagi hakim pengadilan pajak untuk tiap kejadian harus memerhatikan keadaan obyektif dan subyektif dari pelaku Wajib Pajak yang dilakukan, harus memerhatikan perbuatan dan pembuatnya, hak-hak apa yang dilanggar, kerugian apa yang yang ditimbulkan, batas antara minimal dan maksimal harus ditetapkan seharusnya sehingga putusan yang dihasilkan adalah putusan yang berkeadilan sesuai dengan fakta.
This research discusses the concept of facing a notary in making a deed based on the development of Cyber Notary. The problem is the development of the concept of facing a notary in the era of cyber notary advancement at this time and policy formulation on the concept of facing a notary in making a deed virtually in the future. The method used is normative legal research with Reform Oriented Research type. The results of the analysis, First, the concept of facing a notary is listed in Article 16 paragraph (1) letter m while Cyber Notary is listed in Article 15 paragraph (3) of the Notary Position Law. The renewal of the concept of facing in the Cyber Notary Era is a consideration of utilizing electronic media by teleconference (virtual). However, when interpreting "in the presence of" article 1868 of the Civil Code is still interpreted conventionally until now. Therefore, the concept of facing has not developed virtually and cannot be done when the explanation of Article 16 paragraph (1) letter m states that "facing" is interpreted as being physically present so that if this formal is not fulfilled, the deed will be relegated to an underhand deed. Second, Policy Formulation of the concept of facing virtually in the future can be applied by considering what can be done in the authority and obligations of notaries. With technology everyone can face virtually. In the notary profession this can be applied by reforming the Laws and Regulations on Notary Position. Not only conventional facing but virtually using applications and sticking to the principle of prudence, so that the meaning of Virtual Facing can be applied in the concept of Cyber Notary in Indonesia.
In every disaster, children are the most vulnerable group to become victims and suffer. son has not been able to save himself, so the chances of becoming a victim are greater. As a result, they experience physical and psychological trauma. The risks to children are enormous, coupled with the nature of disasters that can come at any time, forcing them to receive special protection, in accordance with the mandate of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. The government, regional governments and other state institutions are obliged to provide special protection to children in emergency situations, including children who are victims of natural disasters. In this paper the author uses a normative juridical approach, because of this approach, this model of legal research is called normative legal research. Legal provisions are the primary legal material for Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection.
