JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN最新文献_第3页

Urgensi Pengesahan RUU PKS sebagai Upaya Perlindungan Hukum Bagi Korban Revenge Porn 作为对受害者复仇动机的法律保护，PKS法案的授权是当务之急

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2021-11-24 DOI: 10.24123/yustika.v24i01.4601

Cindy Kang

{"title":"Urgensi Pengesahan RUU PKS sebagai Upaya Perlindungan Hukum Bagi Korban Revenge Porn","authors":"Cindy Kang","doi":"10.24123/yustika.v24i01.4601","DOIUrl":"https://doi.org/10.24123/yustika.v24i01.4601","url":null,"abstract":"Based on data obtained from the Annual Records of the National Commission on Women, the percentage of violence against women has increased by 792% in the past 12 years. In addition, cases of Online Gender Based Violence (OGBV) have increased 300% and the most cases are revenge porn cases. This proves that women are one of the most vulnerable subjects to become victims of violence, and violence against women is not only carried out in the real world but also in cyberspace. One of the most common OGBV cases is revenge porn, where a perpetrator threatens to spread pornographic content belonging to the victim online without the victim’s consent with the potential to damage the victim’s reputation. The absence of regulations governing revenge porn makes it difficult for victims to get legal protection. The existence of the Draft Law on the Elimination of Sexual Violence (RUU PKS) which specifically regulates the types of sexual violence has given rise to hope for victims in seeking justice. The purpose of this study is to examine the urgency of the ratification of the RUU PKS regardless of the pros and cons circulating in society in providing legal protection for the victims. This study uses a normative legal research method that emphasized data obtained indirectly, such as legal materials. The results of this study indicate that the existence of laws and regulations such as the Electronic Transaction and Information Act, the Pornography Law, as well as provisions in the Criminal Code are considered insufficient to provide legal protection for the victims. Therefore, it is necessary to ratify the RUU PKS as a legal umbrella to provide protection for the victims.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128480171","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: 4

Penafsiran Restriktif Atas Pasal 28 Ayat (2) UU ITE

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2021-11-24 DOI: 10.24123/yustika.v24i01.4603

Aulia Anastasya Putri Permana, Shafarina Intan Khomsah

{"title":"Penafsiran Restriktif Atas Pasal 28 Ayat (2) UU ITE","authors":"Aulia Anastasya Putri Permana, Shafarina Intan Khomsah","doi":"10.24123/yustika.v24i01.4603","DOIUrl":"https://doi.org/10.24123/yustika.v24i01.4603","url":null,"abstract":"The purpose this paper to interpret the content of a law, namely is the regulation regarding the ethics of delivering criticism through social media as regulated in the ITE Law. Article 28 Paragraph (2) of the UU ITE is considered to limit constitusional rights of opinin and expression. The explanation of Article 28 Paragraph (2) transctional and electronic information law is gives different interpretations as fragments of paragraph “spreading informaton” and “causing a sense of hatred/hostility”. This considered an unclear limitation on the right to freedom opinion and expression on social media. The problem in study is how to interpret the restrictive and application the law solving problem of hate speech on social media. The method used in this study, normative juridical approach, is the carried out based on the main legal material by examining theories, concepts, legal principles and laws regulations. It can be concluded in Indonesia a legal state where every action citizens is regulated in laws, the regulatin of submitting criticism through social media which is regulated in Law no. 11 of 2008 UU ITE. The Article 28 Paragraph (2) transactional and electronic information law, gives rise to the vage normen (blurred norms). It is can be abused silencing freedom of opinion and even becoming a political weapon. In the application of this law, it is indicated that there is duplication of criminal acts which are actually vulnerable to legal uncertainty so that it has the potential to cause turmoil in society.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-11-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117016373","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

Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19 企业犯罪检讨与Covid-19大流行援助基金的腐败有关

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2021-09-24 DOI: 10.24123/yustika.v24i01.4610

Michelle Kristina

{"title":"Tipologi Penindakan Kejahatan Korporasi Dalam Korupsi Dana Bantuan Pandemi Covid-19","authors":"Michelle Kristina","doi":"10.24123/yustika.v24i01.4610","DOIUrl":"https://doi.org/10.24123/yustika.v24i01.4610","url":null,"abstract":"The development of human life nowadays cannot be separated from various aspects such as economy, politics, and technology, including the impact of the coronavirus outbreak (Covid-19 or SARS-CoV-2) which emerged at the end of 2019. Responding to this Covid-19 pandemic outbreak In Indonesia, the government has issued various policies as measures to prevent and handle the spread of Covid-19. One of these policies is to limit community activities. These restrictions have implications for the fulfilment of the economic needs of the affected communities. Responding to the urgency of this community's economic situation, the government held a social assistance program as a measure to ease the community's economic burden. However, the procurement of the program was used as a chance for corruption involving the Ministry of Social Affairs and corporations as the winning bidders. This study uses a qualitative methodology with a normative juridical approach and literature. The approach is carried out by conducting a juridical analysis based on a case approach. The results of the study show that the corporations involved cannot be separated from corporate responsibility. However, the criminal liability process against the corporation is deemed not to reflect justice for the current situation of Indonesia is experiencing. The crime was not carried out in a normal situation but in a situation when Indonesia was trying hard to overcome the urgent situation, the Covid-19 pandemic. Corporate crimes committed by taking advantage of the pandemic situation are deemed necessary to prioritize special action or the weight of criminal acts committed by corporations. The weighting of criminal sanction is the right step as a law enforcement process for corporate crimes during the pandemic.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"44 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-09-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132058537","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

Penerapan Uang Elektronik dalam Peningkatan Kepatuhan Pembayaran Pajak Bagi Wajib Pajak di Indonesia 电子货币的应用，以增加印尼纳税人的纳税合规

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-12-18 DOI: 10.24123/YUSTIKA.V23I02.3945

Regi Handono

{"title":"Penerapan Uang Elektronik dalam Peningkatan Kepatuhan Pembayaran Pajak Bagi Wajib Pajak di Indonesia","authors":"Regi Handono","doi":"10.24123/YUSTIKA.V23I02.3945","DOIUrl":"https://doi.org/10.24123/YUSTIKA.V23I02.3945","url":null,"abstract":"Tax payment compliance has always been a polemic in any country in the world, including in Indonesia. Indonesia applies a taxation system in the form of self-assessment in which taxpayers have full authority in carrying out their tax obligations. On the one hand, this principle is very good for the tax authorities or the Directorate General of Taxes (DGT), because it reduces their administrative costs. With taxpayers calculating, paying, and reporting their own tax obligations, DGT is on the passive side because it is only a matter of waiting for tax deposits and reports. On the other hand this also creates new problems. DGT very much depends on the honesty, willingness and level of understanding of taxpayers of their respective tax rules and obligations. The main problem with this principle is the honesty stage. Humans basically will always try with the least possible sacrifice and will try to get the maximum result or benefit. Meanwhile, tax, however its form, is still an expense that must be borne by the taxpayer. This is what causes taxpayers, to always arise reluctance to pay taxes which in the next stage is trying to find ways to reduce tax payments as small as possible. Meanwhile, the state always expects the income from the tax payments of its citizens to ensure the survival and the implementation of development as a whole. For this reason, a breakthrough is needed so that these differences in interests can reach a good common ground for all parties.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"85 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116075325","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

Tindak Pidana Terkait Akses Akun Mobile Banking dengan Mengaktifkan Kembali Simcard yang Sudah Tidak Aktif 重罪是通过重新激活休眠的sim卡来访问移动银行账户

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-12-18 DOI: 10.24123/YUSTIKA.V23I02.3057

Rengga Aditya Mulawardhana, Go Lisanawati

{"title":"Tindak Pidana Terkait Akses Akun Mobile Banking dengan Mengaktifkan Kembali Simcard yang Sudah Tidak Aktif","authors":"Rengga Aditya Mulawardhana, Go Lisanawati","doi":"10.24123/YUSTIKA.V23I02.3057","DOIUrl":"https://doi.org/10.24123/YUSTIKA.V23I02.3057","url":null,"abstract":"Criminal activities related to the use of the internet (cyber crime) are growing rapidly in Indonesia with various modes. This article aims to analyze one of the cases that has occurred regarding illegal access to fund transfers based on normative juridical methods. The action being studied was access to a mobile bank account using an inactive card to transfer funds. Based on this mode, two violations occurred in 2 (two) laws as well as Law Number 11 of 2008 concerning Information and Electronic Transactions and Law Number 3 of 2011 concerning Fund Transfers. The result of this research is that perpetrators with mobile banking account access mode by using an inactive card and transferring funds can fulfill the criminal elements according to the provisions of Article 30 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and can subject to criminal penalties according to Article 46 paragraph (3) of Law Number 11 of 2008 concerning Electronic Information and Transactions, and also fulfills criminal elements according to the criminal provisions of Article 81 of Law Number 3 of 2011 concerning Fund Transfers.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"76 3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129861035","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

Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas 善意人士通过使用有限责任公司的名义进行的传球

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-12-18 DOI: 10.24123/YUSTIKA.V23I02.4094

Kimham Pentakosta, Elly Hernawati

{"title":"Passing Off yang Dilakukan Oleh Pihak yang Beritikad Tidak Baik Melalui Pemakaian Nama Perseroan Terbatas","authors":"Kimham Pentakosta, Elly Hernawati","doi":"10.24123/YUSTIKA.V23I02.4094","DOIUrl":"https://doi.org/10.24123/YUSTIKA.V23I02.4094","url":null,"abstract":"This paper focuses on the similarity of functions between Trademarks and Limited Liability Company Name, namely quality assurance function, which enables both to provide a guarantee on the reputation of goods and/or services offered to the consumer. Such similarity of functions between those two different legal terminology opens a loophole for any party, based on bad faith, to conduct passing off towards a registered trademarks owned by another party through the use of a limited liability company name. This paper shows the urgency of a harmonization and integration between the mechanism of applying for Trademark registration and the submission of the name of a limited liability company in Indonesia. Therefore, this paper will examine and criticize the laws and regulations relating to the two terminology above, inter alia the Law Number 20 of 2016 regarding Trademarks and Geographical Indications and the Government Regulation Number 43 of 2011 regarding Procedures for Filing and Use of Limited Liability Company Name. This paper concludes that the government of the Republic of Indonesia must immediately amend the regulation on the requirements for submitting the name of a limited liability company, by requiring the Directorate General of General Legal Administration to reject the name of a limited liability company that uses a name that has been registered as a brand by another party.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116630790","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

Transaksi Fiktif Melalui Marketplace Daring Memanfaatkan Promo Cashback

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-12-18 DOI: 10.24123/YUSTIKA.V23I02.3066

Christian Tarapul Anjur Hasiholan, Anton Hendrik Samudra

{"title":"Transaksi Fiktif Melalui Marketplace Daring Memanfaatkan Promo Cashback","authors":"Christian Tarapul Anjur Hasiholan, Anton Hendrik Samudra","doi":"10.24123/YUSTIKA.V23I02.3066","DOIUrl":"https://doi.org/10.24123/YUSTIKA.V23I02.3066","url":null,"abstract":"The present development of technology, mainly with the presence of internet has presented new ways and opportunities in business, namely by electronic commerce (e-commerce). Despite having positive impact, e-commerce also has the potential to cause a negative impact, that is by cyber crime. This research is intended to analyse the possibility of a new cyber crime mode which utilizes cashback promotion in e-marketplace (mainly known as marketplace). The mode used by the perpetrators is to make fictitious transaction in order for the system of marketplace to provide many cashback promos for each transaction made. The perpetrators are allowed to do this mode because they take advantage of the flaw in the system of the marketplace due to the availability of the cashback promo for all of the consumer. The emergence of the possibility of a new cyber crime mode shows the importance of this case to be assessed based on The Law of Republic Indonesia Number 19 of 2016 Concerning Amandment to The Law of Republic Indonesia Number 11 Number 11 of 2008 concerning Electronic Information and Transactions when a transaction is considered as manipulative.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128898438","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

Pengelolaan Limbah Medis Covid-19 Berdasarkan Undang-Undang 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup 根据2009年第32条环境保护与管理Covid-19医疗废物管理

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-12-18 DOI: 10.24123/YUSTIKA.V23I02.3955

Nia Ramadhanty Purwanto, Syauqi Al Amin, Ainun Mardiyah, Yosia Retno Wahyuningtyas

{"title":"Pengelolaan Limbah Medis Covid-19 Berdasarkan Undang-Undang 32 Tahun 2009 Tentang Perlindungan dan Pengelolaan Lingkungan Hidup","authors":"Nia Ramadhanty Purwanto, Syauqi Al Amin, Ainun Mardiyah, Yosia Retno Wahyuningtyas","doi":"10.24123/YUSTIKA.V23I02.3955","DOIUrl":"https://doi.org/10.24123/YUSTIKA.V23I02.3955","url":null,"abstract":"Indonesia is currently undergoing major changes caused by Covid-19. One of the big changes is the increase in medical waste. Article 1 number 1 of Government Regulation No. 101 of 2014 concerning Waste Management of Hazardous and Toxic Materials (\"PP No. 101 Of 2014\") Covid waste is included in hazardous and toxic materials or B3 because it can harm health even to human safety. In addition to damaging the environment of medical waste used to handle Covid is at great risk of transmitting coronavirus if not managed appropriately. Because of this, this paper aims to control the presence of B3 waste so as not to further spread the virus and damage the environment. The method used is literature studies. The objective can be obtained by managing medical waste by means of reduction, storage, collection, transportation, management, hoarding. Every party that produces B3 waste must manage their waste that is infectious with Covid-19. It is not recommended to be immediately disposed of and can be destroyed first by burning and placed in a special place of infectious waste. It must be done the right management by separating the according with the type of waste. For the parties who still violate existing regulations, can be sanctioned. So that the environment can be protected and break the chain of spread of Covid-19.","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"75 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123603028","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

Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia 在印尼，合同建立过程中的预包阶段安排

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2020-06-12 DOI: 10.24123/yustika.v22i02.2406

Bebeto Ardyo

{"title":"Formulasi Pengaturan Tahapan Pra Kontrak dalam Proses Pembentukan Kontrak di Indonesia","authors":"Bebeto Ardyo","doi":"10.24123/yustika.v22i02.2406","DOIUrl":"https://doi.org/10.24123/yustika.v22i02.2406","url":null,"abstract":"The increasement of human needs in society goes hand in hand with the development of technology. To meet these needs, there must be interaction between people which sometimes has the potential to cause disputes. That’s why a contract is needed. The existence of a contract guarantees legal certainty regarding protection of the rights of the parties and also the obligations that they must fulfill. There are several stages of contract formation which consist of pre-contract and agreement between the parties. According to the system in the Book III of Indonesia’s Code of Civil Law, consensus is the base for the formation of contract that means once the agreement has reached between the parties then a contract is formed. Indonesia’s Code of Civil Law doesn’t yet regulate pre-contract stages of contract formation, even though these stages are equally important. The regulation of pre-contract stages are usually set in the common law system, but along with the times, the regulation of pre-contract stages should also be regulated in the civil law system. As a comparison, Het Nieuw Burgerlijke Wetboek (New Civil Code of Netherlands) has already regulated that pre-contract stages, although the Netherlands is a country that implements civil law system. The pre-contract stages are very important to be regulated in Indonesia because there are many potential pre-contractual issues. This paper aims to formulate the outline of what needs to be regulated in the pre-contract regulations. \u0000Keywords : Interaction, Contract, Formation, Civil Code \u0000 ","PeriodicalId":367058,"journal":{"name":"JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN","volume":"89 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-06-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127185147","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

Tinjauan Viktimologis Terhadap Tindak Pidana Perdagangan Orang (Human Trafficking) 人贩子行为检讨

JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN Pub Date : 2019-10-30 DOI: 10.24123/yustika.v22i01.1958

R. Abdullah

引用次数: 2