Jurnal Lex Renaissance最新文献_第2页

Analisis Penolakan Gugatan Ganti Kerugian dalam Penggabungan Perkara Tindak Pidana Korupsi Juliari P. Batubara (Perspektif Teori Hukum Progresif) 分析朱利奥•P. coal腐败刑事案件中拒绝赔偿损失的指控。

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art9

Firman Tri Wahyuono

{"title":"Analisis Penolakan Gugatan Ganti Kerugian dalam Penggabungan Perkara Tindak Pidana Korupsi Juliari P. Batubara (Perspektif Teori Hukum Progresif)","authors":"Firman Tri Wahyuono","doi":"10.20885/jlr.vol7.iss4.art9","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art9","url":null,"abstract":"The Corruption Eradication Commission (KPK) revealed the corruption case committed by Juliari P Batubara and 4 other people related to the procurement of Social Aid (BANSOS) for handling COVID-19. As many as 18 residents of West Jakarta and North Jakarta through the YLBHI victim advocacy team filed a combined lawsuit for compensation for the corruption case against Juliari P Batubara. This study aims to analyze the position of the victim in a corruption case and analyze the rejection of a claim for compensation in the corruption case of Juliari P Batubara by using progressive legal theory. This is a normative legal research that uses case, statutory and conceptual approaches. This study concludes that the position of the victim in a corruption case is divided into 2 types. That is, the direct victim is the state and the indirect victim that is subsequently divided into two more, namely the indirect an sich victim which is the community and the victim of reports on someone suspected of committing a criminal act of corruption. In the view of progressive law, the panel of judges examining the corruption case of Juliari P Batubara was shackled by legalistic-positivistic thinking in applying the provisions for merging cases contained in the Criminal Procedure Code. The panel of judges did not see that the lawsuit for compensation filed by the community was an attempt to obtain their full rights, bearing in mind that corruption was perpetrated against BANSOS funds in the face of the non-natural national disaster COVID-19 which caused a decline in people’s purchasing power and even a weakening of the national economy. This research suggests reformulation of Articles 98 – 101 of the Criminal Procedure Code regarding merging cases for compensation claims, so that procedures are simplified and accelerated recovery of victims of criminal acts can be achieved.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130909336","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Perlindungan Hukum Bagi Justice Collaborator Dalam Pengungkapan Tindak Pidana Pembunuhan Berencana 在一起有预谋的谋杀案件中，司法合作者的法律保护

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art8

Aprillia Krisdayanti

引用次数: 0

Perlindungan Data Pribadi dalam Penyelenggaraan Pemilu: Tantangan dan Tawaran 在选举安排中保护个人数据:挑战和提议

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art3

Muhammad Alfian Kusnaldi, Nadira Fadila Syani, Yukiatiqa Afifah

{"title":"Perlindungan Data Pribadi dalam Penyelenggaraan Pemilu: Tantangan dan Tawaran","authors":"Muhammad Alfian Kusnaldi, Nadira Fadila Syani, Yukiatiqa Afifah","doi":"10.20885/jlr.vol7.iss4.art3","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art3","url":null,"abstract":"The development of digital technology provides efficiency in all lines of life, including in the administration of elections. This spirit was later adopted by the General Elections Commission (KPU) by collecting the voters’ personal data and providing information about the election. However, in addition to providing convenience, the use of this technology also come with its own challenges, such as the leakage of election participants’ personal data. In this regards, the DPR has passed Law Number 27 of 2022 on Personal Data Protection (UU PDP). Therefore, legal protection is needed for the protection of the personal data of election participants in 2024. The problems that will be examined in this paper are the challenges faced by the KPU in protecting the personal data of election participants and forms of legal protection for the personal data of election participants in 2024. The method used in this writing is normative juridical by analyzing the PDP Law and collecting literature and literature review. The results in this study conclude that there are 3 challenges faced by the KPU before the PDP Law was passed, which are: the data scattered at every stage of the election administration; the regulations that have not been maximized; and the personal data protection literacy has not become knowledge and awareness among voters, organizers, data participants. Meanwhile, legal protection for the personal data of election participants in 2024 is carried out through PKPU No. 6 of 2021 and the PDP Law.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124455111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pertanggungjawaban Pidana atas Kegagalan Pengawasan Obat: Studi Kasus Gagal Ginjal Akut Pada Anak di Indonesia Tahun 2022 药物监督责任:2022年印尼儿童急性肾衰竭个案研究

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art2

Daffa Prangsi Rakisa Wijaya Kusuma

{"title":"Pertanggungjawaban Pidana atas Kegagalan Pengawasan Obat: Studi Kasus Gagal Ginjal Akut Pada Anak di Indonesia Tahun 2022","authors":"Daffa Prangsi Rakisa Wijaya Kusuma","doi":"10.20885/jlr.vol7.iss4.art2","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art2","url":null,"abstract":"This study aims to analyze the relationship between the neglect in drug control and the potential for criminal liability in cases of acute kidney failure in children that occurred in 2022. This is a normative legal research which the objects are legal actions by the government and drug manufacturers within the framework of public policy, and the potential violations of criminal law within them. The results of this study conclude that law and public policy share a close link, that the author considers that in the case of administering drug control there has been a negligence which caused fatalities. In addition, both legal subjects in the form of officials who are authorized in the field of drug control while in circulation and producers can be subject to criminal liability as regulated in a number of statutory regulations. This study recommends immediately strengthening the oversight function of drug distribution by the government by accelerating the ratification of regulations, as well as prioritizing criminal law enforcement with a justice orientation and victim recovery for negligent officials and corporations.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128156640","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Pencegahan Konflik Agraria dalam Proses Pembangunan Ibu Kota Negara: Pengadaan Tanah Berkeadilan 在首都建设过程中防止农业冲突:公平获取土地

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art1

Aprillia Wahyuningsih

{"title":"Pencegahan Konflik Agraria dalam Proses Pembangunan Ibu Kota Negara: Pengadaan Tanah Berkeadilan","authors":"Aprillia Wahyuningsih","doi":"10.20885/jlr.vol7.iss4.art1","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art1","url":null,"abstract":"The development of the National Capital City is a gigantic agenda for Indonesia which requires lands in its implementation. Land acquisition is one of the processes that will be carried out in the transfer of community rights to the state. This process often creates a variety of agrarian conflicts that may be prevented. This research was conducted with the aim of identifying: first, what is the urgency of preventing agrarian conflicts in the land acquisition process for the development of the nation’s capital?; second, what is the mechanism for preventing agrarian conflicts in land acquisition for the process of building the nation’s capital? This is a normative juridical research by reviewing laws and regulations related to land acquisition and using a conceptual approach that focuses on the process of land acquisition in the development of the National Capital City. Meanwhile, the analysis on the legal materials is carried out descriptively. The conclusions of the results of this study are: first, the urgency of preventing agrarian conflicts in the development of the National Capital City, namely in order to create justice in the society and the party who needs the land (the government). Second, the prevention of agrarian conflicts in the development of the National Capital City in an effort to achieve justice is carried out at least in 2 ways, namely: open socialization to the community; and proper compensation that guarantees the people's lives after the land acquisition.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"1 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126337491","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Perlindungan Hukum Bagi Pekerja Rumah Tangga di Indonesia

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art5

Baby Ista Pranoto

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Problematika Pemekaran Daerah: Tinjauan dari Pembentukan Undang-Undang Daerah Otonomi Baru di Papua 区域问题:新自治法在巴布亚形成的概述

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art6

Rini Maisari

{"title":"Problematika Pemekaran Daerah: Tinjauan dari Pembentukan Undang-Undang Daerah Otonomi Baru di Papua","authors":"Rini Maisari","doi":"10.20885/jlr.vol7.iss4.art6","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art6","url":null,"abstract":"This article discusses a number of problems arising from the division of Papua into several new provinces. The background to this problem is the judicial review of laws that have been passed, the rejection from the people and the Papuan People's Council (MRP) as the cultural representation of indigenous Papuans, and the revision of the Papua Special Autonomy Law which is considered to reduce the role of the MRP and strengthen the role of the central government in carrying out expansion. The formation of the New Autonomous Region Law was considered to have taken place in a haste: the discussion was carried out for approximately 4 (four) hours and did not address the Problem Inventory List (DIM) from the DPD, thus it was considered to be implementing a Fast Track Legislation (FTL). This is a normative legal research with a statutory and conceptual approaches. The results of the study indicate that, first, the problems that arise are that the expansion was not carried out with an in-depth study and did not pay attention to the characteristics of Papua which is a conflict area. The specificity of the division of Papua which eliminates the preparatory period is predicted to cause the Papua New Guinea to become an area that fails to develop due to the unpreparedness of Papua, especially in terms of financial and economic capabilities. Second, even though the Law on New Autonomous Region was implemented quickly, it does not mean implementing an FTL since FTL is not regulated in Indonesia and the FTL that applies in other countries is only to address emergency problems where there are no clear indicators that division is an emergency matter.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123669024","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Kebijakan Hukum Perlindungan Pengetahuan Tradisional (Traditional Knowledge) di Afrika Selatan 南非的传统知识保护法律政策

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art12

Rahmih Yunisyah Mawaddah

{"title":"Kebijakan Hukum Perlindungan Pengetahuan Tradisional (Traditional Knowledge) di Afrika Selatan","authors":"Rahmih Yunisyah Mawaddah","doi":"10.20885/jlr.vol7.iss4.art12","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art12","url":null,"abstract":"Traditional knowledge is a collection of knowledge, skills and practices developed within an indigenous community group, thus forming a separate identity, and being passed on from one generation to the next. This traditional knowledge is known and transmitted orally so it is difficult to prove in the future. Therefore it requires protection that can provide benefits to indigenous peoples who have this inheritance. This study aims to determine whether policies regarding traditional knowledge in South Africa are in accordance with various applicable international laws. This research is a normative literature study. The results of this study are that traditional knowledge remains extremely difficult to impart because the knowledge produced is difficult to prove simply because it is passed down orally, besides that the rules that are enforced are still limited even though he Nagoya Protocol has been ratified as well as rules regarding natural resources, biological or genetic resources as well as traditional knowledge, namely the National Environment Management Biodiversity Act 2004 has been enacted and amended by the National Environmental Management through Law No. 14 of 2013, in addition to the Amendment of Patents Law 2005 as well as the Intellectual Property Law No. 28 of 2013 to protect existing traditional knowledge in the country. One of the foresaid knowledge is the use of hoodia plant as an anti-obesity drug.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125353884","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Kekayaan Intelektual Sebagai Objek Jaminan Kredit Perbankan: Prospek dan Kendala 知识产权作为银行信用担保的对象:前景和障碍

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art13

Teguh Rizkiawan

引用次数: 0

Efektivitas Undang-Undang Antimonopoli dalam Mewujudkan Iklim Persaingan Usaha yang Sehat: Studi Kasus Putusan Nomor 13/KPPU-I/2019 反垄断立法在促进健康商业竞争气候方面的有效性:判决书第13号/ kppui - /2019号判例研究

Jurnal Lex Renaissance Pub Date : 2022-10-01 DOI: 10.20885/jlr.vol7.iss4.art15

Luqman Hakim

{"title":"Efektivitas Undang-Undang Antimonopoli dalam Mewujudkan Iklim Persaingan Usaha yang Sehat: Studi Kasus Putusan Nomor 13/KPPU-I/2019","authors":"Luqman Hakim","doi":"10.20885/jlr.vol7.iss4.art15","DOIUrl":"https://doi.org/10.20885/jlr.vol7.iss4.art15","url":null,"abstract":"The free market that has hit Indonesia can lead to unscrupulous business actors that operate unfair business competition. If the fraud continues to occur, it will have a negative impact considering the market share is only towards a handful of business actors, resulting in unfair business competition. This study aims to examine the effectiveness of Law Number 5 of 1999 on the Prohibition of Monopolistic Practices and Unfair Business Competition in creating a healthy climate of business competition in the case study of Decision Number 13/KPPU-I/2019. This study uses the normative method, in which the approach is the statutory approach based on legal doctrine, legal concepts, legal principles, KKPU decisions and related laws and regulations. The data sources used are secondary data consisting of the Antimonopoly Law, Decision Number 13/KPPU-I/2019 related to market concentration, where the KPPU effectively enforces the law in accordance with the Antimonopoly Law in order to create fair business competition and other scientific works. relevant to answer the formulation of the problem. The results and conclusions of this study indicate that the Antimonopoly Law has been effectively implemented by the KPPU because in carrying out law enforcement the KPPU coordinates with the Supreme Court of the Republic of Indonesia and the judiciary under it. Should an unfair business competition case concerns a foreign company, KPPU will coordinate with the business competition authority in the relevant country.","PeriodicalId":141165,"journal":{"name":"Jurnal Lex Renaissance","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116308186","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0