Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance最新文献

{"title":"PENEGAKAN HUKUM KEPADA PENYANYI COVER DI YOUTUBE BERDASARKAN UNDANG-UNDANG HAK CIPTA","authors":"Bramantyo Hutomo Ramadhana, Abraham Ferry Rosando","doi":"10.53363/bureau.v2i2.47","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.47","url":null,"abstract":"This..paper is intended to study and research related. to how to enforce the law against cover singers on the Youtube platform, because basically this activity will invite various opinions related to someone's copyright. In the discussion of this research, the author will use the type of normativ...Legaal. .reesearch. Normative legal reesearch is legal research to..find thee..Ruleof law, legalprinciples,and legaldoctrines in order to answerthe legalissue faced, normativelegal ressearch is carried out to fin,d solutions to existing legal issues. The results of several existing studies explain that one of the events found on online platforms, especially Youtube, is the frequent occurrence of violations related to song copyrights committed by Cover content creators, in this case republishing the copyrighted works of people as songwriters and.not awarre..of the iimportance..of the..ecconomic rights.and mo,ral..rightsof..th,e songwriter. From this incident, it..canbe..conclu,ded that.there is..no awareness and strict regulations regarding copyright of songs sung again on several online platforms, especially Youtube and also the importance of specific government regulations in the use of song copyrighted works on online platforms","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128003039","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":"MAKNA KEPENTINGAN UMUM DIDALAM DEPONERING","authors":"Windi Jannati M.A.S, F. Simangunsong","doi":"10.53363/bureau.v2i2.32","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.32","url":null,"abstract":"In Law No. 16 of 2004 concerning the Prosecutor's Office, there is a definition or understanding of Deponering namely the public interest, the interest in question is the interest of the state, nation and other community interests as stated in Article 35 (c). This deponering is an implementation of the opportunity principle owned by the prosecutor which has its own purpose, namely adjudicating cases, but the regulations or rules are still unclear, resulting in a blurring of norms because there are no special limits regarding the meaning of the public interest. carried out by the prosecutor and there was a misinterpretation in the determination of deponering. The proposed formulation is as follows 1. What is the meaning of the phrase public interest in deponering based on Article 35 (c) of Law Number 16 of 2004 concerning the Attorney General's Office of the Republic of Indonesia. 2. What are the criteria for public interest as a condition for deponering to realize justice in law enforcement. The research method used is a normative research method using 2 approaches: a statutory approach and a conceptual approach. The results of this study are the meaning of the phrase in question, prioritizing common interests rather than personal interests, and in its application the attorney general must obtain consideration from the state power agency that is related to the problem and the criteria in realizing justice for law enforcement, so in making decisions to using this deponering, the prosecutor must coordinate with the Supreme Court, the constitutional court the DPR, the President","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"291 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117318144","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 YURIDIS PEMBERIAN REMISI BAGI NARAPIDANA TINDAK PIDANA NARKOTIKA DAN PSIKOTROPIKA DITINJAU DARI UNDANG-UNDANG NOMOR 12 TAHUN 1995 TENTANG PEMASYARAKATAN","authors":"Sigit Kamseno","doi":"10.53363/bureau.v2i2.105","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.105","url":null,"abstract":"Rights of prisoners stipulated in the Law No. 12 of 1995 concerning on correctional. In article 14, it is explicity mentioned some prisoners rights including the right to get remission. The implementation of the entitlement remissions for the prisoners of narcotics and psychotropic crimes and certain criminal offenses categorized as extra ordinary crime regulated in The Government Regulation No. 99 of 2012 on the second amandement of the Goverment Regulation No. 32 of 1999 on the requirement and procedures for the implementation of the prisoners rights. In this government regulation, remission for the prisoners of narcotics and psychotropic cases and specific criminal acts enforced differently from other general crimes. Policy about tightening these remissions raise the pro and contra in the society. In the one hand, those who agree on the policy argue that the perpretactors of narcotics and psychotropic cases are not feasible to be given remission, because narcotics and psychotropic are extra ordinary crimes. This can evoke deterrent effect. On the other hand, people whose counter with this policy assume that remission is a right of prisoners that have been regulated by laws. Restrictions remissions by tightening of the requirement for prisoners of certain criminal acts are form discrimination that violated human rights. This research aim are finding out on the the implementation of remission in Prison of Serang and how it is answered based on human right perspective. This research is a normative legsl research bu using a qualitative method. Collecting data with interview with The official of Prison Serang and some narcotics prisoners. The result of this research concludes that remission for the prisoners of certain criminal acts categorized as a extra ordinary crime including the narcotics and psychotropic cases  enforced differently  regulated specifically in the Government Regulation No.99 of 2012 in addition to meet the requirement of good behavior, inmates must also have been serving a criminal sentence of more than 6 (six) months, must also be willing to cooperate with law inforcement to help dismantle the criminal case that done by them, also should have paid the full of compensation in accordance with the court decision. Remission is a fundamental rights that must be granted. And the prison of Serang have been conduct the implementation for the prisoners of narcotics and psychotropic based on Law No.12 of 1995.  There is no discriminatory treatment for the prisoners to get their rights for remissions. The implementation of remission rights in Prison of Serang is not violated against the human rights","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114946796","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":"PEMERIKSAAN SAKSI DALAM PERSIDANGAN TELECONFERENCE PADA MASA PANDEMI COVID – 19","authors":"Moch. Arief Setiawan, Otto Yudianto","doi":"10.53363/bureau.v2i2.43","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.43","url":null,"abstract":"The Covid-19 pandemic has made evidence through witness examination evidence encounter changes, which were followed by knowledge from experts in the field of science and technology. The influence of the advancement of today's science and technology into the practice of trial cases in the field of criminal procedural law that affects the proof of evidence by examining witness statements previously in the Criminal Procedure Code was required to be present in the courtroom and then examined and questioned by the judge and must also be sworn in in the room. The trial turns into witnesses who can be sworn in and asked for a statement by the judge via electronic means with the term being a teleconference trial. The practice of this teleconference trial still has to bring judges along with prosecutors and legal counsel to court, but defendants and witnesses are not welcome to come if they encounter obstacles to come and can be sworn in and asked for information via video telephone via cellphone or other electronic devices that can use the internet. The defendant and the witness still have to attend the trial directly, but it can be carried out from home or other supportive places because electronic devices are able to make judges and legal advisors and prosecutors see directly from a distance the witness and defendant through the cellphone screen.\u0000To keep up with the times, the government of the judiciary, namely the Supreme Court, issued PERMA No. 4 of 2020 concerning Administration and Trial of Criminal Cases in Courts Electronically as a regulation for holding teleconference trials. This poses a problem when viewed in the Criminal Procedure Code which requires the defendant to be present in the courtroom (Articles 154 and 196). In the criminal trial process is also based on the legal principles “Examinations are carried out directly and orally. The method used in this research is normative research method.\u0000Witness testimony delivered by teleconference is not regulated in the Criminal Procedure Code. LPSK regulates through Law 13 of 2006 article 9 emphasizing that there are 3 options for witnesses if they are not required to come in person during the trial. The Supreme Court through its regulations, namely PERMA No. 4 of 2020, explains the sequence and stages of court case affairs which are carried out by utilizing internet facilities starting from the beginning of the process to the procedure for asking witness statements via tele conference to fill legal voids that occur due to forced circumstances (Force Majeur). caused by the covid-19 pandemic","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"129 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115771433","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":"TUDUHAN SELINGKUH : SANKSI DAN PEMBUKTIAN DALAM BINGKAI ADAT","authors":"Dody Sulistio, D. Lestari","doi":"10.53363/bureau.v2i2.104","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.104","url":null,"abstract":"This paper aims to find out the Legal Sanctions d for Perpetrators of Infidelity Allegations and their evidentiary mechanisms according to the Customary Law of Lubuk Ruso Village, Pemayung District, Batang Hari Jambi Regency. This research uses Descriptive Qualitative research with data collection methods carried out by observation, interviews and documentation. Based on the research that has been carried out, the following results and conclusions are obtained: Allegations of infidelity according to customary law are proven by the presence of witnesses and oaths in the trial. Customary institutions in enforcing the law on perpetrators of allegations of infidelity (slander) are based on the eight-year-old regulations in the dago-dagi article, namely all forms of acts that violate the common/public interest, causing domestic chaos. Such as mistakes against the government, making slander (provocations) and creating domestic chaos. The punishment was a full, double-folded wake, namely a buffalo, 800 bushels of rice, 800 coconuts, 8 sacks of white cloth and a bag of semanih. Meanwhile, according to the traditional head in the form of buffalo, rice, coconut, semanic selemak, asam segamo, eaten by many people. These sanctions/fines are first discussed by the customary apparatus, then the sanctions/fines imposed are in accordance with the results of the rembukan carried out by the customary apparatus. If the perpetrator cannot pay the sanction, then his heirs can help pay it, if no one can pay the claim then it can be sued in court","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115258427","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":"JUAL BELI SEX TOYS DALAM PRESPEKTIF HUKUM PIDANA DI MEDIA ONLINE","authors":"Rhafshanjanie Prawira Negara, F. Simangunsong","doi":"10.53363/bureau.v2i2.99","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.99","url":null,"abstract":"Transactions of pornography on the internet have many stages, starting from offers, agreements, delivery of goods, and payments, it makes many laws and regulations that can be applied. This creates legal uncertainty. The formulation of the problem in this research is how is the form of criminal responsibility for the perpetrators of buying and selling sex toys in online media. This research is a normative legal research. To examine the existing legal problems, this research uses a conceptual approach and legislation. The results of this study indicate that the sale and purchase of pornography (sex toys) through online media can be applied to the ITE Law and Pornography. In terms of accountability, it can be determined from the results of evidence in the trial process what form of pornography is","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"23 15","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113976433","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":"PERTANGGUNGJAWABAN PIDANA BAGI PSIKOPAT","authors":"Evi Nur Saputri, Hari Soeskandi","doi":"10.53363/bureau.v2i2.39","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.39","url":null,"abstract":"The purpose of this research is to find answers and legal certainty related to criminal responsibility for someone who is said to be a psychopath and also to seek legal certainty whether a psychopath can be sentenced to criminal penalties using Article 338 of the Criminal Code. The researcher uses this type of normative legal research which aims to find the rule of law, legal principles, and actual legal doctrines in order to provide answers and solve a problem on the legal issue being studied. By using the concept that the researcher has created, and the researcher wants to explain the criminal liability for a psychopath who has committed a crime of murder, and determine which legal rules are appropriate and can be imposed on a psychopath, as well as explain that a psychopath is different from someone who has a mental disorder. mental, so that it can be used as a reference or comparison for the imposition of criminal penalties. And also looking for answers, he can see a person suffering from a psychopathic disorder from various public views to provide legal certainty. So that it can provide answers and references for the wider community regarding criminal liability against a psychopath","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"5 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120807497","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":"SENGKETA AKIBAT PEMUTUSAN KERJA SAMA ANTARA PT. SARANA INVESTAMA MANGGABAR DENGAN PROVINSI NUSA TENGGARA TIMUR","authors":"Angelina Bernadina Linojawa Keban","doi":"10.53363/bureau.v2i2.94","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.94","url":null,"abstract":"Basically, humans are social creatures (zoon politicon) who interact with each other. The increasingly rapid interaction of the community often leads people to bind themselves with other communities, resulting in making an agreement. Agreement is one of the legal studies that is always evolving, along with the development of society. Onong Uchana Effendy in his book Communication Science Theory and Practice reveals that \"Humans as social beings need interaction with each other to share feelings, exchange thoughts and desires, either directly or indirectly, verbally and nonverbally. This is naturally ingrained in every individual, and is naturally done from birth. After the occurrence of an agreement between the two parties then an agreement appears between them. From this agreement, there was cooperation between the two parties, namely PT. Sarana Investama Manggabar and East Nusa Tenggara Province. In the cooperation that is built between the two parties who work together, problems often occur, namely defaults between them or it can be said that the employment relationship is unilaterally terminated","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"219 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127101359","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":"KEPASTIAN HUKUM TERHADAP MOBIL BERTEKNOLOGI AUTO PILOT DITINJAU DARI PERSPEKTIF HUKUM LALU LINTAS JALAN DI INDONESIA","authors":"Febby Mirza Juliansyah","doi":"10.53363/bureau.v2i2.108","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.108","url":null,"abstract":"With the development of science and technology today, it triggers car manufacturers to create cars that can provide a sense of security and comfort to its users. They attract the interest of consumers by offering quality cars equipped with sophisticated computerized systems that make it easy and provide a sense of security for the driver. Apart from electric cars, what is currently becoming a trend in the automotive world are cars with autopilot features. Autonomous vehicles with artificial intelligence, are now not only prototypes, but can be found in several countries. This of course creates a debate between manufacturers, policy makers and users of these vehicles. In addition, there are many pros and cons to autonomous vehicles in various circles. The presence of autonomous vehicles is unavoidable, even though there are still many shortcomings, but manufacturers are always trying to improve it and offer the most advanced features applied to these vehicles, one of which is autopilot technology that replaces the role of the human driver. However, the presence of autopilot technology in this vehicle creates new problems in the field of law enforcement. With regard to traffic accidents due to errors in the navigation system or autopilot sensors, what kind of rules will be imposed, and to which who is the legal liability imposed? Therefore, in this research, the author tries to find conformity in the field of law enforcement and certainty for autonomous vehicles with artificial intelligence, in the event of an accident in the jurisdiction of the Republic of Indonesia","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127952201","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":"PEMALSUAN IDENTITAS ANAK DALAM AKTA OTENTIK OLEH KELUARGA KORBAN AKIBAT PEMERKOSAAN","authors":"Nurul Fakhriyah, Ahmad Mahyani","doi":"10.53363/bureau.v2i2.49","DOIUrl":"https://doi.org/10.53363/bureau.v2i2.49","url":null,"abstract":"The purpose of this study is to find out how the state guarantees rape child status, that no one wants to be the victim of one's vile act, the result of rape is not uncommon in trauma, pregnancy. The birth of a child must have been a heavy responsibility for the victim to assume a new status as a mother of an unwanted child. Everyone is protected and granted rights by the state from the womb until it recovers age. While a rape victim is allowed to have an abortion, it is not uncommon for a victim to keep her pregnancy in check until the child resulting from rape is born in the world. The birth of the child is certainly born as well as the rights of the child, the parental obligation to give to the identity of the child which is guaranteed by the state should be highly valued and respected to protect the dignity and dignity of the child as it is defined by the legislation on child protection, when the rights of the child are taken away by the family as a result of rape, there isa conflict between the rules and the fact that the child has lost his identity as a result of the selfishness of the party. The child has a right to have an identity on him since he was born in the world. The child in general from the rape right to know his or her identity starting with his or her biological parents, usually hidden in order to cover up the shame of the rape victim's family. This would surely be fateful for the present and future because authentic deeds are the letters used for human life. It is ignored by the victims' families, whereas it is a violation of the penal penal code on the part of authentic deed forgery as long as the maximum prison penalty of six years is threatened, and it is charged with 2016's second amendment act on child protection","PeriodicalId":345865,"journal":{"name":"Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131519154","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}