Jurnal Analisis Hukum最新文献_第2页

Perlindungan Konsumen Dalam Hal Pelaksanaan Tanggung Jawab Pengusaha Travel Tanpa Izin Operasional 消费者保护在没有操作许可的情况下履行旅行责任

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3741

Esy Kurniasih, Teguh Rama Prasja, Anggraini Dwi Milandry

{"title":"Perlindungan Konsumen Dalam Hal Pelaksanaan Tanggung Jawab Pengusaha Travel Tanpa Izin Operasional","authors":"Esy Kurniasih, Teguh Rama Prasja, Anggraini Dwi Milandry","doi":"10.38043/jah.v5i2.3741","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3741","url":null,"abstract":"The development of the business of public transportation services (trevel) is increasing. In the Rokan Hilir district, there are many illegal entrepreneurs travelling, this has a negative impact on consumer who use these public transportation services. The practical purpose of the article is to find out how the implementation of consumer protection of the responsibility of illegal entrepreneur travelling and what the inhibiting factors in implementation in the Tanah Putih district, at Rokan Hilir. This research is included in the type of observation research. The object of this research is to examine consumer protection against the implementation of the responsibilities of travel entrepreneurs without an operational permit in the Tanah Putih district, at Rokan Hilir, which is analyzed based on Law Number 8 of 1999 concerning Consumer Protection. Therefore, the type of research the author uses is observation research, so in this study, the author uses primary data and chooses the census method so that the researcher uses the entire population as respondents.The result of this study, First, indicate that the responsibility of illegal travel entrepreneurs has not been carried out optimally. Second, inhibiting factors the implementation, because the government needs to be more serious and consistent in implementing regulations that have been made. In addition, there is a lack of awareness and understanding of consumer regarding the application of existing rule.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125184072","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: 1

Mekanisme Penyelesaian Sengketa Pemilihan Umum di Indonesia

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3763

Benni Erick, M. Ikhwan

{"title":"Mekanisme Penyelesaian Sengketa Pemilihan Umum di Indonesia","authors":"Benni Erick, M. Ikhwan","doi":"10.38043/jah.v5i2.3763","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3763","url":null,"abstract":"This study describes the resolution of general election disputes in Indonesia. Elections should be a democratic party filled with enjoy, starting from preparation, and implementation to receiving election results through a process with integrity. However, the opposite is possible, so it is necessary to explain the mechanism for resolving general election disputes. This paper uses a library research method and is a normative juridical legal research with secondary data such as books, journals, and other documents used as the main data using a statute approach. From the research conducted, it is concluded that: First, the general election is a means of people's sovereignty to elect members of the People's Representative Council (DPR), members of the Regional Representatives Council (DPD), President and Vice President, and to elect members of the Regional People's Representative Council (DPRD). which is carried out directly, publicly, freely, confidentially, honestly, and fairly within the Unitary State of the Republic of Indonesia based on Pancasila and the 1945 Constitution of the Republic of Indonesia. Second, the dispute resolution of the election process can be carried out through the General Elections Supervisory Agency or abbreviated as Bawaslu, and through the State Administrative Court. However, disputes over election results can only be resolved through the Constitutional Court. Third, the resolution of process disputes and outcome disputes can be followed by mediation and adjudication procedures.\u0000 ","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114933044","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: 2

Itsbat Marriage: Urgency, Problems, and Practices, To Reach Law-Aware Villages in Kubu Raya, West Kalimantan 西加里曼丹Kubu Raya村的婚姻:紧迫性、问题和实践

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3919

Ya Rakha Muyassar, Syarifah Arabiyah, Purwamto Purwamto, F. Fahmi

{"title":"Itsbat Marriage: Urgency, Problems, and Practices, To Reach Law-Aware Villages in Kubu Raya, West Kalimantan","authors":"Ya Rakha Muyassar, Syarifah Arabiyah, Purwamto Purwamto, F. Fahmi","doi":"10.38043/jah.v5i2.3919","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3919","url":null,"abstract":"The provisions of Article 49 paragraph (2) of Law Number 7 of 1989 concerning the Religious Courts and Article 7 paragraph (2) and paragraph (3) of the Compilation of Islamic Law are the juridical basis for the Religious Courts to carry out itsbat marriage. This provision also limits marriages that can be requested for itsbat to the Religious Courts if the marriage takes place after the enactment of Law Number 1 of 1974 concerning Marriage. However, because the marriage itsbat is very much needed by the community to fulfill administrative requirements and also to protect the rights of women and children, the judges of the Religious Courts conduct ijtihad by violating these provisions to grant the application for itsbat marriage submitted, taking into account the maslahah for the community. In general. Then the Director General of Badilag made it one of justice for all, especially for the poor Muslim community and those marginalized in the form of circuit courts at home and abroad. The urgency, problems, and practice in Kubu Raya are exciting to discuss because there are many initiations to perform itsbat marriage to get legal protection and certainty, as well as make people more sensitive to the law. The method used in this research combines field research and library research. Data collection methods include primary and secondary legal materials and interviews with the Kubu Raya Religious Court judges. It is hoped that the holding of this itsbat marriage will be able to protect the rights of women and children who are born so that there is no legal deviation and increase public awareness of the law, especially the people in the Kubu Raya area, West Kalimantan.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130174794","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 Terhadap Konsumen Yang Terlibat Dalam Transaksi Jual Beli Pada Media Sosial Instagram Instagram社交媒体上参与买卖交易的消费者的法律保护

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3621

Ratna Indah Lestari, Nur Wulan Suci, Eka Maisara Amalia

引用次数: 1

Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace 禁止在市场上出售文学作品的版权

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3770

Ratih Widowati

{"title":"Penegakan Hukum Terhadap Pelanggaran Hak Cipta Dalam Jual Beli Karya Sastra Pada Marketplace","authors":"Ratih Widowati","doi":"10.38043/jah.v5i2.3770","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3770","url":null,"abstract":"The large number of book piracy and/or unauthorized sellers in the marketplace is a serious legal problem. Book piracy has become an industry in Indonesia. This is due to the lack of law enforcement that occurs, consumer behavior that is not aware of copyright, and business actors who seek profit by illegal means. Business actors in this case are not only sellers, but also the marketplace as a digital trading platform provider should also be responsible for selecting the goods to be sold by the seller. Unfortunately, the focus of law enforcement on copyright infringements is still focused only on piracy actors. Marketplace providers as an important element in digital transactions often not charged with legal responsibility. Therefore, this study focuses on how the responsibility of the marketplace and the mechanism for resolving copyright disputes that occur in the marketplace. This research uses normative legal research methods. The results of this study indicate that there is an agreement between the seller/partner/merchant and the marketplace as a digital trading platform provider. From this agreement, the elements of Article 10 of the Indonesia Copyright that state “Managers of business premises are prohibited from allowing the sale and/or reproduction of goods resulted from Copyrights and/or Related Rights infringements in the location under their management.” The dispute resolution mechanism regulated in the Copyright Law consists of litigation (civil and criminal) and non-litigation.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115016522","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

Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Seksual (Studi Kasus di Polda Bali) 保护性侵犯儿童的法律努力(巴厘岛警局案例研究)

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3743

Ida Ayu Sadnyini, Sang Putu Wedha Rama

{"title":"Upaya Perlindungan Hukum Terhadap Anak Sebagai Korban Kekerasan Seksual (Studi Kasus di Polda Bali)","authors":"Ida Ayu Sadnyini, Sang Putu Wedha Rama","doi":"10.38043/jah.v5i2.3743","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3743","url":null,"abstract":"Child problems that often occur to children are acts of sexual violence against children which can be in the form of physical or psychological violence. Sexual violence against children needs serious attention considering the consequences of sexual violence against children will cause children to experience prolonged trauma. Trauma can endanger the mental development of children so that children cannot grow and develop properly. Cases of crimes of sexual violence against children where the perpetrators are adults and most of them are known to the victims. In general, sexual violence is a sexual satisfaction that is obtained by someone from having sex with children. The purpose of this study is to find out and analyze the legal protection for children as victims of sexual violence provided by the Bali Police and the form of sanctions given to perpetrators of criminal acts. sexual violence against children. This study uses empirical or sociological research methods with a juridical approach. The results showed that the legal protection provided by the PPA Unit was in the form of legal and psychiatric assistance starting from the investigation process to the judicial process. The imposition of sanctions given to adult perpetrators in accordance with the provisions of Law no. 35 of 2014. For perpetrators who are minors, efforts are made through diversion, if diversion is not possible, it will be processed in accordance with the provisions contained in Law no. 11 of 2012.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122572667","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: 1

Restorative Justice Paradigm of Kanayat'n Dayak Customary Law on Environmental Damage Caused By Shifting Cultivation 喀纳斯达雅习惯法对移栽环境损害的恢复性司法范式

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3918

Klara Dawi, Didi Haryono, Anita Yuliastini, Agustinus Astono

{"title":"Restorative Justice Paradigm of Kanayat'n Dayak Customary Law on Environmental Damage Caused By Shifting Cultivation","authors":"Klara Dawi, Didi Haryono, Anita Yuliastini, Agustinus Astono","doi":"10.38043/jah.v5i2.3918","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3918","url":null,"abstract":"The culture of farming and clearing land has existed since the transition of primitive humans to the modern age, as has the agricultural culture of the Dayak Kanayat’n indigenous people, which has been handed down from their predecessors for generations is currently evolving. The Kanayat’n Dayak are a sub-tribe of the Dayak who reside primarily in West Kalimantan on the island of Kalimantan. The Dayak Kanayat’n indigenous people are predominantly traditional farmers using traditional farming techniques. Agriculture is a part of the culture; agricultural techniques give rise to a farming culture, which absorbs local practices in cultivating the land. The pattern of land clearing can deduce the traditional nature of this agriculture. Conventional Dayak kanayat’n farmers clear the ground by identifying the area, chopping down the vegetation, and burning the remnants. This method of land clearance employed by the indigenous Dayak Kanyat‘n is also known as shifting cropping. This shifting cultivation activity has a positive aspect, namely the development and preservation of traditional Dayak kanayat’n agricultural culture customs. Still, it also has a wrong side, environmental damage, if carried out in large quantities and without measurement. This research focuses on the sociological juridical approach. Methods of data collection employing both primary and secondary legal materials. Article 80 of the Provisions for the Traditional Deliberation in Sengah Temila District, dated March 12-13, 2010, stipulates the administration of restorative justice to farmers who violate Dayak Kanayat customary law and cause forest fires. The sanction is Siam Pahar Pangalabur Temenggung.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"6 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129894607","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: 1

Analisis Penyelesaian Sengketa Konsumen Melalui Arbitrase 透过仲裁分析消费者纠纷解决方案

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3764

Alisyah Early Fajrin, Sjaifurrachman Sjaifurrachman

引用次数: 1

Analisis Yuridis Terhadap Penerapan Sanksi Pidana Tambahan Bagi Pemulihan Lingkungan Oleh Korporasi 对该公司对环境恢复的额外刑事惩罚实施的司法分析

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3739

Aullia vivi Yulianingrum, Yohana Oktaviani

{"title":"Analisis Yuridis Terhadap Penerapan Sanksi Pidana Tambahan Bagi Pemulihan Lingkungan Oleh Korporasi","authors":"Aullia vivi Yulianingrum, Yohana Oktaviani","doi":"10.38043/jah.v5i2.3739","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3739","url":null,"abstract":"The purpose of this study is to determine the form of additional sanctions that can be applied to corporations in various provisions of the applicable laws and regulations and to analyse the application of various provisions related to additional forms of criminal sanctions as environmental restoration in court decisions. The research method used is normative juridical, namely legal research using library research, by conducting research through library materials or secondary and tertiary data. The form of additional sanctions that can be imposed on companies/corporations in environmental crimes under different statutory provisions. Then the application of additional criminal sanctions oriented towards environmental recovery in court decisions is still rarely implemented properly. Of the two court decisions, only one has complied with applicable regulations and is oriented towards environmental sustainability. The benefits of this research are as a reference source for government agencies to solve problems and environmental management, and can be used as a guide in the search for truth and legal certainty and can be used as a reference in future research.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124339813","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: 2

Legalisasi Ganja Medis (Analisis Putusan MK Nomor 106/Puu-Xviii/2020) 医用大麻合法化(MK - 106/Puu-Xviii/2020)

Jurnal Analisis Hukum Pub Date : 2022-09-25 DOI: 10.38043/jah.v5i2.3735

Erik Dwi Prassetyo

{"title":"Legalisasi Ganja Medis (Analisis Putusan MK Nomor 106/Puu-Xviii/2020)","authors":"Erik Dwi Prassetyo","doi":"10.38043/jah.v5i2.3735","DOIUrl":"https://doi.org/10.38043/jah.v5i2.3735","url":null,"abstract":"Indonesia is a state of law, the basic law for all laws and regulations in Indonesia is the 1945 Constitution of the Republic of Indonesia. In an effort to uphold the constitution and the principles of a democratic rule of law, the Constitutional Court has the authority to examine laws on the 1945 Constitution of the Republic of Indonesia. This study aims to knowing how the judges of the Constitutional Court considered the decision Number 106/PUU-XVIII/2020 and to find out the impact of the decision. This study uses a normative juridical approach with a descriptive analytical method which will explain the description of the analysis of the data that has been collected. Based on the results of the research on Decision Number 106/PUU-XVIII/2020 it can be concluded that the judges of the Constitutional Court in their consideration have not fully fulfilled the aspects of justice and legal expediency and are more inclined to original intent and do not reflect contextual meaning. Broadly speaking, there are four impacts of the decision, among others, the existence of legal certainty, closing the opportunity for re-testing, the government must conduct research on the use of marijuana, and determine the next policy in the hands of the House of Representatives.","PeriodicalId":269797,"journal":{"name":"Jurnal Analisis Hukum","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132446784","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