JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN最新文献

{"title":"Pelekatan Nama Uray Dalam Hukum Adat Melayu Di Kesultanan Sambas","authors":"Pelekatan Nama, Uray Dalam, Hukum Adat, Melayu Di, Kesultanan Sambas, Ajeng Auliya, R. Marnita, Angga Prihatin, Lolita Siti Aminah","doi":"10.24123/yustika.v26i02.6038","DOIUrl":"https://doi.org/10.24123/yustika.v26i02.6038","url":null,"abstract":"status, and a person's contribution to society and government. In the Sambas Sultanate, derived names were automatically attached to someone who was a descendant of the Sultanate's family. One of the names known in the Sambas Sultanate and the Malay indigenous community is \"Uray\". However, this honorary name could later be changed to \"Raden\" with an appointment from the Palace. This can clearly lead to changes in the social hierarchy and a person's status in society. Through a literature study related to the attachment of honorary names known in the Malay tribal community in the Sambas Sultanate. This paper aims to (i) find out how someone gets the honorary name Uray in the Malay traditional community; (ii) the causal factors that enable a person to change his honorary name from Uray to Raden; and (iii) are there any consequences that the person will receive due to the change of name. The author uses an empirical legal writing method that is descriptive exploratory in nature. The results of the writing are (i) the honorary names Uray and Raden were obtained through lineage relationships; (ii) factors that cause changes in the name of honor that a person has are marital relations and direct appointment from the Palace by the Sultan; and (iii) someone who has changed his honorary name through a traditional ceremony will have new responsibilities that make him someone who plays an important role in society. One of them is being a role model in terms of cultural preservation.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"25 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141341120","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":"Restorasi Sebagai Pertanggungjawaban Pemulihan Fungsi Lingkungan Hidup Bagi Perusahaan Pemegang Izin Usaha Pertambangan","authors":"Restorasi Sebagai, Pertanggungjawaban Pemulihan, Fungsi Lingkungan, Hidup Bagi, Perusahaan Pemegang, Izin Usaha, Jasa Pertambangan, Lingga Parama, Wisnu Aryo Dewanto, Restorasi Sebagai Pertanggungjawab, an Pemulihan, Liofa Wisnu, Aryo Dewanto","doi":"10.24123/yustika.v26i02.6023","DOIUrl":"https://doi.org/10.24123/yustika.v26i02.6023","url":null,"abstract":"Mining is a business that operates in the exploitation of natural resources, so the potential for natural damage is something that must be faced and addressed wisely. The Law on Environmental Protection and Management has made it mandatory for every person who pollutes the environment to restore environmental functions, one of which is restoration. In summary, restoration is an effort to restore environmental functions in the form of restoring the environment to its original condition. However, the Law on Mineral and Coal Mining stipulates that if the IUP or IUPK holder uses mining services, the responsibility for mining business activities remains borne by the IUP or IUPK holder. This results in a conflict of laws, resulting in a legal vacuum that requires mining service providers to carry out restoration as an action to restore environmental functions. Based on this, this research aims to analyze whether mining service providers whose services are used by mineral and coal mining can be required to carry out restoration as a form of responsibility for restoring environmental functions. The results of this research show that the imposition of mining responsibilities on IUP or IUPK holders also has an impact on the absence of obligations on mining service providers to carry out restoration.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":" 45","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-06-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"141373999","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":"Upaya Penanganan Anak Pengguna Narkotika Di Bawah Usia 12 Tahun","authors":"Aline Philia Antana Sinaga, Elfina Lebrine Sahetapy","doi":"10.24123/yustika.v26i01.5562","DOIUrl":"https://doi.org/10.24123/yustika.v26i01.5562","url":null,"abstract":"Drug abuse is currently threatening minors. This situation will have a impact on the future of the child and also the future life of the country. Lack of control over narcotics causes children under the age of 12 years to be threatened. Children are not understand the existing environment and situation. Minors as narcotics addicts will receive treatment and be differentiated in their settlement efforts because children are still unable to enter into the existing legal process. The research method used empirical juridical research methods. Using empirical facts from individual behavior in the form of verbal behavior taken through interviews and direct observations. As a state of law, must implement a legal system so that the handling of children as narcotics users will still receive handling efforts for the completion of existing cases and children will still get the rights as they should be by the nature of a child.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":" 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-01-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139624513","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":"Keberadaan Klausula Non Kompetisi dalam Perjanjian Waralaba untuk Mencegah Persaingan Usaha Tidak Sehat","authors":"Etty Indrawati","doi":"10.24123/yustika.v26i01.5953","DOIUrl":"https://doi.org/10.24123/yustika.v26i01.5953","url":null,"abstract":"A Franchise Agreement is a written agreement between Franchisor and Franchisee. The Franchise Agreement may contain provisions in which the franchisor requires the franchisee not to carry out the same business activities as the ongoing franchise businesses for a certain period after the expiration of the franchise agreement (non-competition clause). In practice, there were unscrupulous franchisees with bad intentions, establishing franchise partnerships with franchisors to get the know-how provided by the franchisor; then, before or after the end of the franchise agreement immediately setting up the same business/ potentially becoming a business competitor to the franchisor. There are two purposes of this article. The first is to explore and analyze the importance of the non-competition clause in franchise agreement/ the risk if the non-competition clause is not included/ not stipulated in franchise agreement. The second is to investigate how to arrange the non-competition clause in a franchise agreement to prevent unfair business competition. This research project uses qualitative method, involves respondents and informants from business owners of national franchisors. There are two results of this study. The first is the non-competition clause in franchise agreement is very important and risky if the non-competition clause is not included in franchise agreement. This is because if the franchisor's business system is adopted by other parties, it will be detrimental to the franchisor who has built his business from scratch. The second is the non-competition clauses in franchise agreements should bind the franchisee's person, location and apply post contractually. This provision remains in force and must be complied with by the franchisee (within a certain period) even if the franchise agreement has ended. The research results are expected to provide a reference and understanding of the parties’ interests in the franchise agreement that need to be secured, particularly regarding intellectual property rights and the transfer of know-how, which must be respected to prevent unfair business competition by business actors. This research is expected to provide input to KPPU regarding breaches of the non-competition clause in franchise agreements that have the potential to qualify as acts of unfair business competition.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"75 5","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138999712","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":"Due Process in a Search of Electronic System by Patrol Officer","authors":"Fridolin Nawa, Anton Hendrik Samudra, Peter Jeremiah Setiawan, Shierren Veronica","doi":"10.24123/yustika.v25i02.5338","DOIUrl":"https://doi.org/10.24123/yustika.v25i02.5338","url":null,"abstract":"The criminal justice system has stipulated the legal framework for a fair and justifiable search. A search is justifiable when there is a subpoena, or strong suspicion of crime by the police. However, the coercion and arbitrary act of a law enforcement officer are still in practice, for instance like the case portrayed in East Jakarta. Although the case did not represent entirely the behaviour of all of the law enforcement, the standard of fair search must be enforced. This article discusses the legal procedures of a justifiable search of electronic systems suspected to be a tool of a crime and determines whether this search would violate a right to privacy. It provides academic discussion and evaluation of criminal law procedure in practice. The main discussion is conducted using doctrinal research, scrutinizing the provisions within Electronic Information and Transaction Law (EITL), Criminal Law Procedure Law (CLPL), and Personal Data Protection Law (PDPL) to determine the parameters of justifiable search of an electronic system conforming to the due process of law. The research finds that not every patrol officer has the justified measures to do a search on an alleged person, unless there is enough probable cause to do so as stipulated in the CLPL. The searches of a civilian cell phone which is not in accordance with CLPL, EITL, and PDPL should be considered as illegal and the officer who conducts them should be held accountable for it.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"8571 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117026158","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":"Kontrak Kerja Konstruksi Pembangunan Gedung GMB Ditinjau Berdasarkan Red Book FIDIC","authors":"Freya Beatrice Fredella","doi":"10.24123/yustika.v25i02.5229","DOIUrl":"https://doi.org/10.24123/yustika.v25i02.5229","url":null,"abstract":"This study was aimed to study the construction work contract for the construction of the GM Bookstore building between PT NI and UGM if reviewed based on the Red Book Federation Internationale des Ingenieurs Counsels (FIDIC) because GM Bookstore building that should be finished February 2005 still not handed over until 2022. This research was conducted with the normative legal research type by using the secondary data in the form of primary legal materials and secondary legal materials obtained with literature studies and interviews. The data were then analyzed using qualitative analysis methods. Conclusion is drawn using a deductive thinking process. The results and conclusions of this study are The construction work contract for the construction of the GMB building between PT NI and UGM when reviewed based on the Red Book by the Fédération Internationale des Ingénieurs Counsels (FIDIC) is only 4 clauses out of 21 clauses with 7 subclauses from the 168 subclauses of the General Conditions Red Book FIDIC which are included in the contract for the construction of the GM Bookstore building. The sub-clauses that are included in the work contract for the construction of the GM Bookstore building are also used only partially and is not constitute the entire sentence referred to in the sub-clause.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124300039","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":"Konsep Penguasaan Negara Atas Pemanfaatan Energi Terbarukan Di Laut Indonesia","authors":"Marlina Br Purba","doi":"10.24123/yustika.v25i02.5575","DOIUrl":"https://doi.org/10.24123/yustika.v25i02.5575","url":null,"abstract":"The concept of sovereignty is drawing attention if juxtaposed with the phrase “as big as for the people prosperity”. Therefore the prosperity is for all of the Indonesian people without any exception. What is to be mandated to the country to be sovereignty had and will be used as optimal as possible. If it was not done by the country yet, therefore the phrase “as big as for the people prosperity” is not to be done. This writing is a conceptual article. The analysis mind of economy about the law from utilitarianism Jeremy Betham.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122424150","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":"Aspek Hukum Atas Standardisasi Pada Produk Pangan Hasil Rekayasa Genetika","authors":"Elly Hernawati","doi":"10.24123/yustika.v25i02.5231","DOIUrl":"https://doi.org/10.24123/yustika.v25i02.5231","url":null,"abstract":"Standardization is a process that can be used as a reference to maintain the qualifications and specifications of a product, so as to improve quality, efficiency in production and facilitate trade transactions and create healthy competition among business actors. \u0000In the era of globalization, the determination of Standardization needs to be carried out in various fields of life, considering that without a certain standard it can lead to various problems. The laws and regulations regarding Standardization aim to provide legal protection to producers, consumers, and the public from various aspects, for example related to security, safety, health and the preservation of environmental functions, with the hope that this will encourage increased competitiveness for products. circulating in this era of globalization. \u0000Advances in technology will affect the industrial world, especially the food industry, one of which is the emergence of a variety of food products circulating in the community, both those produced in Indonesia, and imported products. In addition, it does not rule out the possibility of developments in food technology with the aim of improving the quality, quality, and benefits of the use of these food products. The results of food technology being developed today are genetically engineered food products. \u0000Indonesia is one of the countries that has biodiversity, and through a certain technology the utilization of this biodiversity will produce genetically engineered products. The use of the results of this technology can lead to benefits as well as risks to human health if standardization is not complied with as specified in the applicable laws and regulations.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"18 41","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114086039","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":"The Corporate Responsibility of the Cleanliness Department For Waste Management","authors":"J. Jennifer","doi":"10.24123/yustika.v25i02.4847","DOIUrl":"https://doi.org/10.24123/yustika.v25i02.4847","url":null,"abstract":"Garbage is one of the environmental problems that become global problems that have not had a way out. In Indonesia alone, waste management that carried out by the Department of Sanitation has not been successfully implemented waste management in accordance with quality standards that have been set in the legislation. The waste management causes environmental pollution and hazards to public health. This is the importance of waste management and the regulation that regulate it. The Sanitation Department as the public sector who carry out the tasks assigned by the Regional Government in accordance with the Law No.18 of 2008. In this corporate accountability, accountability is divided into accountability of attendance, accountability of the board, or corporation and Board accountability. In corporate liabilities in public places such as the Sanitation Department, the State acts as a legal entity. The responsible board is determined by determining who directs the mind and has the authority to implement or prevent the follow-up imposed by the law.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124087780","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":"Hak Untuk Dilupakan: Penghapusan Jejak Digital Sebagai Perlindungan Selebriti Anak dari Bahaya Deepfake","authors":"Muhammad Deckri Algamar, Aliya Ilysia Irfana Ampri","doi":"10.24123/yustika.v25i01.5091","DOIUrl":"https://doi.org/10.24123/yustika.v25i01.5091","url":null,"abstract":"Child celebrities coming from Youtube, TikTok, and other social media are at high risk of being exploited and sexualized over their content. As Youtuber parents nonchalantly record their children without worries about exposing their privacy to the internet, predators lurk while seeking to exploit the minors at any moment’s notice. The loss of privacy experienced by child celebrities may contribute to the loss of self-ownership, even leading to cases of depersonalization where children become unable to separate their authentic identity from their celebrity persona. Furthermore, another concerning issue on disseminating child sexual abuse materials depicting child celebrities further threatening minors on the internet. Where regulations have been put in place to protect children in conventional manners, it is being challenged when facing the new Deepfake technology that can create artificially generated pornographic content using the child’s face. Through literary review over materials related to child celebrity’s privacy and the rampant use of Deepfake. This paper proposed that a crossover between Pornography Law, ITE Law, and Child Protection Law is required in adapting to these unconventional circumstances. Specifically, this paper explores the option to utilize “Hak Untuk Dilupakan” as stipulated under Article 26 of UU ITE to protect children’s privacy and prevent certain content from being further disseminated, either by delisting or through a take-down mechanism under court orders.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-08-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132576438","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}