Viva Themis Jurnal Ilmu Hukum最新文献

{"title":"Urgensi Hukum Dagang Dalam Penegakan Jual Beli Barang Online","authors":"M. Muslih","doi":"10.24967/vt.v6i1.2793","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2793","url":null,"abstract":"In the digital era, online shopping is increasingly popular and has become the main choice for many people. However, as online commerce develops, many problems emerge that need attention, such as fraud, transaction security, sending goods that do not match the description or are damaged when they arrive at the buyer. To solve this problem, it is important for sellers and buyers to communicate clearly with each other about the description of the goods, delivery conditions, etc. Commercial law has a very important role in enforcing online trade. Commercial Law is a regulation that regulates commercial activities between business entities, both in the form of buying and selling goods and services. In the field of online shopping, commercial law plays a role in protecting the rights and obligations of sellers and buyers as well as ensuring security and fairness in online transactions","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"27 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140481563","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}

{"title":"78 Tahun Negara Hukum: Refleksi Atas Upaya Membangun Budaya Hukum Dan Mewujudkan Masyarakat Madani Indonesia","authors":"Udiyo Basuki, Amiera Sabiela Mahya","doi":"10.24967/vt.v6i1.2792","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2792","url":null,"abstract":"In its initial period of enactment, the 1945 Constitution emphasized that Indonesia was a legal state. This is stated in several provisions therein, namely Article 27 paragraph (1) and the Explanation of the 1945 Constitution. Entering the reform era which resulted in constitutional amendments, provisions regarding the rule of law are contained in Article 1 paragraph (3) and Article 28D paragraph (1) of the 1945 Constitution The task of the rule of law then is to ensure that law enforcement is achieved. Law enforcement is largely determined by legal culture, because the existence of law is largely determined by legal culture in the form of community values, views and attitudes. Meanwhile, the goal of the state as a mandate for independence, as reflected in the fourth paragraph of the Preamble to the 1945 Constitution, aims at an ideal form of society, namely civil society. \u0000Imbued with the spirit of 78 years of independence of the Republic of Indonesia, this article presents efforts to build a legal culture and create a civil society. To achieve these two efforts, several provisions in Law Number 17 of 2007 concerning the 2005-2025 National Long Term Development Plan can be the main reference.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"127 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485175","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}

{"title":"Pemenuhan Kewajiban Dan Tanggung Jawab Pemerintah Daerah Terhadap Hak Pendidikan Anak Di Kabupaten Bangka Selatan","authors":"Virna Dewi, Anis Rindiani, Sri Yuliana, Rahmianti Ranti Pawari","doi":"10.24967/vt.v6i1.2768","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2768","url":null,"abstract":"One of the principles of a rule of law is the principle of legality, which means that every government legal action must be based on applicable laws and regulations or every government legal action must be based on the authority granted by laws and regulations. By relying on the principle of legality, the government carries out various legal actions. Because every legal action implies the use of authority, it implies an obligation to be responsible. In accordance with the principle \"geen bevoegodheidzonder verantwoordelijkheid.\" The government's responsibility towards citizens or third parties is adhered to by almost all countries based on law. It is clear that every use of authority contains responsibility, however, it must also be stated about the methods of obtaining and exercising authority. Because not all state administration officials who carry out government authority automatically bear legal responsibility. Each country has its own laws and regulations. There is a juridical basis for education in Indonesia which has a set of laws and regulations which are the starting point for the education system in Indonesia. In the future, we will find that there are still many laws that have not achieved their goals, because the Indonesian nation is a pluralistic nation, therefore it is certainly not easy to achieve all goals quickly and briefly. To achieve our educational goals we need positive support from all aspects of society, education providers and the government. because the aim of providing good education and in accordance with educational foundations and implementing education based on law is to make education providers focused, orderly and in accordance with the roots of national culture. The formulation of the problem in this writing is how to analyze the implementation of the right to education as a constitutional right in Indonesia. The type of research that will be used in writing this law is normative and empirical research. This is basically a combination of a normative legal approach with the addition of various empirical elements.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"72 52","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140486473","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}

{"title":"Perlindungan Hukum Bagi Konsumen Dalam Transaksi Jual Beli-Online (E-Commerce)","authors":"Dery Hendryan, Leonardo Ganiarta, G. Aryani","doi":"10.24967/vt.v6i1.2766","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2766","url":null,"abstract":"Advances in technology and the internet have caused many negative things for the users. To do business and transaction on the internet need an understanding, seriousness and a desire. In an agreement, one of the parties/parties often has to face difficult conditions and, in the end, the agreed contact/agreement cannot work/be carried out as well as it should. The factors that cause difficult events can occur intentionally or unintentionally. \u0000Breach of contract is a condition/situation that can be committed by one of the parties or parties in an agreement, that is, in general it can be described as that the contents of the agreement are not carried out properly and are not in accordance with what was agreed upon from the start. Plunging directly into the business of buying and selling online/transacting electronically (e-commerce) is an action that is rarely done but has become a lifestyle and trend in this modern era, but you must also be careful and pay attention to it. These include things that can later be called forms of Breach of contract. \u0000Default in online sales and purchase agreements has many forms and sometimes we experience it but are still not aware that this thing/event can be called an act of Breach of contract. For example: late payment, not making payment, sending goods but not according to what was agreed, sending goods but late, which will give rise to certain legal consequences.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"71 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140485826","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}

{"title":"Tinjauan Hukum Terhadap Anak Pelaku Tindak Pidana Yang Membawa Senjata Tajam di Tempat Umum","authors":"Yudi Yusnandi, Mirwansyah Mirwansyah, Dery Hendryan","doi":"10.24967/vt.v6i1.2765","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2765","url":null,"abstract":"Children's behavior is a joint responsibility of parents, family, school and society, so that if there is a deviation in children's behavior, such as being the perpetrator of possessing sharp weapons, there needs to be a role for these elements. In criminology, the child's behavior can be influenced by one of these elements, be it family, school, society and so on. Because in general children imitate what happens and sees behavior, so it is possible that children's behavior as users of sharp weapons is imitated by one of the existing elements. The problems in this research include: What is the legal review of the ownership of sharp weapons owned by children? What are the legal consequences for children who own sharp weapons? Legal review of ownership of sharp weapons owned by children in Indonesian law. The Criminal Code does not regulate the ownership of sharp weapons. This criminal act is regulated in the provisions of the Emergency Law of the Republic of Indonesia Number 12 of 1951. Legal consequences for children who own weapons sharp, namely that the child will be held accountable for his actions before the law, to be tried and receive punishment as a consequence of his actions. The legal consequences for children who own sharp weapons are that the child will be held accountable for his actions before the law, to be tried and receive punishment as a consequence of his actions.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"61 8","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140486885","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}

{"title":"Reoptimalisasi Perlindungan Hukum Saksi Pelapor (Whisteblower) Dalam Tindak Pidana Korupsi","authors":"Arifin Faqih Gunawan, Yang Meliana","doi":"10.24967/vt.v6i1.2767","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2767","url":null,"abstract":"The protection of whistleblower witnesses (whistleblower) in handling corruption crimes is still an unresolved problem to date. Referring to the LPSK report, there was a rapid increase in the number of complaints in 2021, with the number of corruptions also increasing and requiring immediate resolution. Amid the complexity of these demands, both the LPSK and the KPK have not been able to effectively provide guaranteed protection for witnesses reporting corruption crimes. As a result, there are still many cases that cause victims, whether whistleblower witnesses who died, were criminalized, or received threats and intimidation. In fact, in criminal procedural law in Indonesia, witness statements are part of valid evidence. For this reason, the government needs to increase efforts to protect whistleblower witnesses as mandated in Law No.13 of 2006 concerning Witness and Victim Protection. This research uses juridical-normative methods, and seeks to present solutions in policy making to optimize efforts to protect witnesses reporting corruption crimes in Indonesia.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"61 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140486890","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}

{"title":"Penghapusan Batas Usia Perkawinan Di Indonesia Dalam Perspektif Hak Asasi Manusia","authors":"M. S. Ramadhan, Mohamad Guntur Saputra, Muhammad Noer Khadafi","doi":"10.24967/vt.v6i1.2770","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2770","url":null,"abstract":"This research discusses the analysis of the elimination of the age limit for marriage in Indonesia from a human rights perspective. The main problem in this research is the rise of early marriage which is marked by the increasing demand for marriage dispensations as well as the disapproval of several community groups towards limiting the age of marriage because it is considered to be contrary to the theological and cultural aspects of Indonesian society. The aim of this research is to gain a deeper understanding regarding the elimination of the age limit for marriage in Indonesia from a human rights perspective for the common good. This type of research is library research and a normative legal research approach which focuses on the use of secondary data sources such as the Koran, hadith, books, journals, statutory regulations, court decisions, and so on. The results of this research indicate that the marriage age limit regulations in Indonesia are not in line with human rights values because they marginalize citizens' rights to carry out the religious teachings they believe in in determining their lives. The implementation of the marriage age limit regulations also creates problems in the juridical, sociological (cultural) and theological aspects in Indonesia.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"56 46","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140487056","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}

{"title":"Politik Identitas Di Indonesia: Antara Nasionalisme Dan Agama","authors":"Bilal Ahmad Febriansyah, Ilham Manando, Angga Wira Kusuma","doi":"10.24967/vt.v6i1.2769","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2769","url":null,"abstract":"Liberal democratization is also politically the basis for individual self-actualization. The guarantee of individual liberties in Indonesia's constitution reflects the popularity of this democratic system. However, this freedom ultimately clarifies the divide between identities (religion, ethnicity, language, gender, etc.) that exists in Indonesia, especially in relation to national political issues. Issues of state religion and nationalism are her two identities currently being debated in Indonesia. The politics of identity politics narrows until truthful claims emerge that one interest group is superior to another, and this interest issue begins to divide nations that previously maintained their differences. This article aims to shed light on the reality of identity politics in Indonesia today, focusing on two identity groups: religious groups and nationalist groups. Qualitative methods and literature surveys are used to answer this question. This study finds that the divisions created by political groups based on religious identities and nationalism are constrained by the emergence of crises of trust in government, the spread of false reports, persecution, betrayal, democratic space, etc. found to lead to stability disruptions.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"4 11","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140490012","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}

{"title":"Pemberian Remisi Sebagai Upaya Penanganan Over Kapasitas Di Rutan Kelas I Jakarta Pusat","authors":"Putri Wulan Suci, Raja Ritonga","doi":"10.24967/vt.v6i1.2608","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2608","url":null,"abstract":"Remission is one of the supporting legal means that provides influence in realizing the goals of the correctional system. Considering that currently the Class I Detention Center in Central Jakarta is experiencing a number of inmates that exceeds capacity or is over capacity. Of course, granting remissions to prisoners will be one of the efforts to reduce overcapacity in prisons or detention centers. So the aim of this research is to describe how granting remissions can help reduce the current overcapacity in Class I Detention Centers in Central Jakarta. The research used is qualitative research with the type of field research. Primary research data was collected through observation, interviews and documentation. Secondary data was collected through literature study. Next, all the found data were analyzed descriptively. The research results show that granting remissions can reduce the sentence but remissions have not been able to reduce overcapacity. Apart from that, there are still several obstacles in granting remission to prisoners even though the provisions have been regulated in Law no. 22 of 2022 concerning Corrections. Among the obstacles found were related to the completeness of prisoner administration and the behavioral factors of the prisoners themselves.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"36 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140489259","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}

{"title":"Isu Politik Identitas Terhadap Identitas Politik Pada Generasi Mileneal Indonesia Di Era 4.0","authors":"S. Rahayu, Sofia Dira Safira, Virgi Veronica Carolin","doi":"10.24967/vt.v6i1.2626","DOIUrl":"https://doi.org/10.24967/vt.v6i1.2626","url":null,"abstract":"Indonesia has a collective culture that illustrates the recognition of togetherness, mutual cooperation and cohesiveness. But it is also prone to conflicts if there are differences, especially in the generation of millennials who are easily herded through the power of social media or sophisticated communication media in the era of 4.0. Identity is politicized through various and extreme interpretations, which aims to get support from the millennial generation who feel 'the same', both in race, ethnicity, religion, and other adhesive elements so that movements or polarization of oppositional dichotomy features become easy to become the main foundation that differentiate feelings of collectivity so that exploitation is easy, then intolerance is increasing. The occurrence of social imagery mismatches about political identity and political identity that occurs in the current millennial generation. This study aims to determine the effect of the issue of identity politics towards political identity in Indonesian millennial generation in the 4.0 era and trying to answer the formulation of the problem, namely: first, describing the exploitation of identity political issues that began to develop in Indonesian society in the 4.0 era. Second: describing the process of political exploitation of identity political identity in the millennial generation. Third: finding implications of the meaning of the results of research and solutions that can add to the study of the exploitation of the issue of identity politics on political identity in Indonesian millennial generation in Era 4.0 so that it can be further investigated by subsequent researchers. The method used in this study is a qualitative method with descriptive analysis. The research subjects were 150 students, aged 19-21 years who provided research data through interviews, surveys and documentation with triangulation data processing in order to obtain valid research results. Based on the results of the study, the conclusion was drawn. the exploitation of the issue of identity politics against political identity in Indonesia's millennial generation in era 4.0.","PeriodicalId":203861,"journal":{"name":"Viva Themis Jurnal Ilmu Hukum","volume":"38 ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140487648","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}