Ajudikasi : Jurnal Ilmu Hukum最新文献

{"title":"Perlindungan Hukum Pembajakan Film Digital","authors":"Reviansyah Erlianto, Hana Faridah","doi":"10.30656/ajudikasi.v6i2.5469","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.5469","url":null,"abstract":"Cinematography is one of the copyrighted works that are included in the scope of works that are protected in the Copyright Law, therefore the state needs to protect film works, especially domestic films. In the case of rampant acts of digital film piracy, resulting in moral and economic losses to the creators or filmmakers, of course the need for legal protection by the state for them. The purpose of this study is to understand the existence of the state in copyright protection related to the phenomenon of film piracy, and to compare regulations related to copyright between Indonesia, Malaysia, and South Korea. The author conducts legal comparisons and uses normative legal research methods in the form of secondary data that are combined through a literature study. The results obtained are that the three countries through their respective regulations regulate and protect all forms of creation produced through IPR. And the need for the government's role in educating the public in appreciating copyright and copyrighted works.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"23 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114754470","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":"Transformasi Layanan Administrasi Kependudukan Indonesia dalam Mewujudkan Konsep Welfare State","authors":"Hanif Hardianto","doi":"10.30656/ajudikasi.v6i2.5671","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.5671","url":null,"abstract":"The transformation of public services in the field of population administration began to be felt after the all-internet or online era began to bloom in Indonesia. This causes public service providers to be asked to make changes in the concept of serving the community by following the changing times. The research method used is qualitative research or sociological juridical. The primary data source is interviews with the South Tangerang City Population and Civil Registry Service, while the secondary data source is various legal book materials and statutory regulations. The results of the research can be found that the transformation of Indonesian population administration services has begun to lead to realizing the concept of \"welfarestate\" for the community, with the change in population administration services that previously used offline or the community was required to be physically present to take care of population administration, now with the all-internet era the organizers population administration implements services with an online system in order to reach the public so that services are more effective, efficient and excellent. The originality of this research is that people in today's era who are completely connected to the internet have resulted in the implementation of public services also having to follow it. The positive side of public services by being connected to the internet can make it easier for people to access population administration matters without coming physically in person. However, public services cannot fully use online services, population administration public services also require offline services in order to fulfill services for people who do not understand technology.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121994138","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":"Perbandingan Sistem Hukum Pidana Indonesia dengan Belanda Ditinjau Berdasarkan Karakteristik Romano-Germanic Legal Family","authors":"D. Wicaksono","doi":"10.30656/ajudikasi.v6i2.5360","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.5360","url":null,"abstract":"In its development, the recognized legal families to date are the Romano-Germanic legal family, the common law family and the family of socialist law. Based on the three legal families, which legal family belongs to the Indonesian criminal law system. The purpose of this research is to find out which legal family belongs to the Indonesian criminal law system. The type of research used is normative juridical law research conducted using legal materials that focus on positive legal norms, consisting of secondary data as primary data and primary data as supporting data. The results of the studies that have been carried out show that the Indonesian criminal law system belongs to the Romano-Germanic legal family. This can be seen from the existence of identical characteristics, namely the use of statutory regulations as the main source of law in the form of a book and there is a codification system. Furthermore, based on a comparison with the Dutch criminal law system, several similarities were found, namely that the two countries base their criminal law on law.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"44 12","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114040362","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":"Dinamika Kedudukan Hukum Jaksa sebagai Pengacara Negara Pasca Undang-Undang Kejaksaan","authors":"Wahyu Donri Tinambunan, Galih Raka Siwi","doi":"10.30656/ajudikasi.v6i2.4586","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.4586","url":null,"abstract":"The paradigm of society against the institution of the Indonesian Prosecutor's Office is generally only in criminally charged cases only. This is because, the role of the Prosecutor is quite central in the criminal law enforcement process. This research uses normative juridical methods by reviewing primary and secondary legal materials, which are then processed and presented to solve the problems that the authors raised in this study. The results and discussion showed, the Prosecutor is not only what is commonly known in the criminal domain, namely the Public Prosecutor, but there is also a State Attorney's Office. The prosecutor as a public prosecutor has the authority to carry out the prosecution and execution of court decisions. Meanwhile, the prosecutor as the state attorney is authorized in the civil and administrative affairs of the state to act through a power of attorney authorized for it both as a plaintiff and a defendant. Second, the latest prosecutor's law provides legal certainty and existence with the inclusion of the phrase \"State's Attorney\" on the role of the Attorney General in addition to being the highest Public Prosecutor. The conclusion is that the Prosecutor's Office acts not only in the criminal domain, but civil and state governance. The latest Law of the Prosecutor's Office becomes a regulation that is expected to strengthen the authority of the Indonesian prosecutor's institution to enforce the law in Indonesia and strengthen the existence of the Prosecutor as a State Lawyer in the juridical state.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114083215","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":"Analisis Perubahan Ketiga Undang-Undang Mahkamah Konstitusi Ditinjau dari Perspektif Pembentukan Peraturan Perundang-Undangan Di Indonesia","authors":"Ahmad Yusup","doi":"10.30656/ajudikasi.v6i2.4464","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.4464","url":null,"abstract":"The third amendment to the Constitutional Court Act drew a lot of criticism, especially regarding the urgency of the change, considering that the Constitutional Court Law is not included in the priority prolegnas in 2020. There are two issues of the third amendment to the Constitutional Court Law that are highlighted in this article, namely, The Material Analysis of the Third Amendment to the Constitutional Court Law is based on the Regulation on the Formation of Laws and Regulations and the Formal Analysis of the Third Amendment to the Constitutional Court Law In terms of the Law on the Formation of Laws and Regulations. The research method used is a type of normative research. The approaches used in this study are the statute approach, case approach and concept approach using prescriptive analysis. The results of the analysis show that (1) Materially, the Third Amendment to the Constitutional Court Law is based on the Regulation on the Establishment of Laws and Regulations, it is noted that the Third Amendment to the Constitutional Court Law has defects in its amendments, namely regarding the minimum limit of age to be able to become a constitutional judge and regarding the abolition of the period of periodization of constitutional judges which is considered contrary to the constitution or unconstitutional. and (2) Formally, the Third Amendment to the Constitutional Court Law In view of the Law on the Establishment of Laws and Regulations of the Constitutional Court Law, the third amendment has been formally flawed in its amendments, where there are several provisions that are not in accordance with the format of preparation as intended in Law Number 12 of 2011 jo Law Number 15 of 2019 concerning the Establishment of Laws and Regulations (P3 Law).","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114868906","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":"Mengembalikan Ide Dasar Keseimbangan Tujuan Pemidanaan","authors":"Fina Rosalina","doi":"10.30656/ajudikasi.v6i2.4717","DOIUrl":"https://doi.org/10.30656/ajudikasi.v6i2.4717","url":null,"abstract":"Corruption has a systemic impact, giving birth to a paradigm of case settlement using the Comprehensive Extra Ordinary Measures method which is repressive. However, in its development, the mechanism is considered ineffective to apply. Restorative justice was born as a substitute discourse for repressive mechanisms. However, in the development of the concept of restorative justice, it is described as the abolition of sanctions for perpetrators of criminal acts of corruption by prioritizing the return of state financial losses. The normative juridical method is the method chosen to answer the formulation of the problem in the form of whether the discourse on the application of restorative justice for eradicating corruption has been in accordance with the basic idea of ​​​​balancing the goals of punishment in Indonesia. The results of the study found that, theoretically, the application of restorative justice has been in accordance with the direction of the goal of punishment which is monodualistic in nature (daad en dader straftrecht). The concept of restorative justice does not abolish the imposition of sanctions for perpetrators of corruption, either in the form of criminal or non-criminal sanctions. Theoretically, the imposition of sanctions is an effort to consider the balance between the interests of the community and the interests of individuals (daad en dader straftrecht).","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"2 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-12-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128951951","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":"Arah Politik Hukum Nasional Terhadap Kesejahteraan Sosial Dalam Kerangka Konstitusi Ekonomi Di Indonesia","authors":"Fuqoha Fuqoha","doi":"10.30656/ajudikasi.v5i2.4203","DOIUrl":"https://doi.org/10.30656/ajudikasi.v5i2.4203","url":null,"abstract":"Economic constitution has become a new idea within the constitutional framework as the basic foundation for the development of the national and global economy. National economic policies in the context of realizing social welfare must be able to guard and control the national economic system. Apart from the legal politics policy and the government's power in determining the direction of national policy, the conception of the economic constitution as the basic foundation must be realized. This study intends to describe the politics of national law and the concept of economic constitution in realizing social welfare. This research method uses normative juridical research using an exploratory descriptive analytical approach. The characteristics of national legal politics in practice still influence the realization of national economic policies, even though it has implied the concept of an economic constitution in the 1945 constitution. Social welfare, which is the goal of the state, becomes a political tool for national law through a national economic system that cannot be separated from political power.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"108 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127954530","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":"Penerapan Asas Hukum Dalam Pembentukan Peraturan Perundang-Undangan","authors":"Rokilah Rokilah, Sulasno Sulasno","doi":"10.30656/ajudikasi.v5i2.3942","DOIUrl":"https://doi.org/10.30656/ajudikasi.v5i2.3942","url":null,"abstract":"Legal norms (legal norms, rechtnormen) actually regulate internal personal life (internal life) in a civilized and humanistic manner and also regulate interpersonal relationships in social processes. Legal principles can be in the form of a legal norm that is high in location and many things depend on it and the principle can just a norm. This study aims to determine the application of legal principles in statutory regulations; and to find out the application of other principles in the field of laws and regulations. The research method uses a qualitative normative juridical research method with data collection sourced from library research. Based on the nature of this research, it is an explanatory research, namely research that explains and strengthens a theory on the results of existing research. The results of the study show that legal principles are not concrete legal rules, but are the background of concrete and general or abstract regulations. In general, legal principles are not stated in the form of concrete regulations or in the form of articles, but the law cannot be understood without these principles and the application of other principles in accordance with the legal field of the relevant legislation, including: in criminal law, for example the principle of legality, the principle of presumption of innocence and in civil law, for example in contract law, among others: the principle of agreement, freedom of contract, and good faith.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"146 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134409592","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":"Sistem Pemerintahan Masyarakat Hukum Adat Baduy Dalam Kerangka Sistem Otonomi Daerah","authors":"Edi Mulyadi, Eki Furqon","doi":"10.30656/ajudikasi.v5i2.3536","DOIUrl":"https://doi.org/10.30656/ajudikasi.v5i2.3536","url":null,"abstract":"Customary law communities are the most important part of the history of the development of the Indonesian nation. The contribution given by the customary law community since ancient times has been very large for the development of human civilization, especially in the aspect of order that exists in customary law. The Baduy tribe is one of the customary law communities whose existence is still maintained to this day. The Baduy customary law community has a legal system including its government system which is the hallmark of indigenous peoples. In addition to using their customary government system, Baduy as well as part of the Unitary State of the Republic of Indonesia must participate in every national policy, especially in the area of ​​regional and village government. The recognition given by the 1945 Constitution of the Republic of Indonesia to indigenous peoples in Indonesia is the basis for the use of their respective customary law systems. Therefore, the researcher considers it necessary to conduct a study to see how the current system of governance of the Baduy customary law community is related to the existing positive law. \u0000The research method used is a normative juridical and empirical (mixed) juridical research method to see how the normative arrangements regarding the position of the Baduy community government system are and can describe what the government system is like. The specific target to be achieved in this research is to contribute ideas to the local government and the Baduy indigenous people in terms of the position of the Baduy customary government system in terms of the existing positive law. \u0000The results of the research carried out explain the Baduy customary law community uses a government system that originates from their customary law known as pikukuh or karuhun. Law 23/2014 on Regional Government gives authority to provincial and district governments to regulate the empowerment of indigenous peoples and the arrangement of customary villages through existing traditional institutions. This happens because community and village empowerment is included in the mandatory concurrent government affairs that are not related to basic services.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"21 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128389014","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":"Penetapan Status Anak Akibat Perkawinan Dibawah Tangan","authors":"Rahmawati Rahman, Muhammad Tamrin","doi":"10.30656/ajudikasi.v5i2.3714","DOIUrl":"https://doi.org/10.30656/ajudikasi.v5i2.3714","url":null,"abstract":"The purpose of this study is to find out the legal position of the status of children born due to marriage under the hands and to find out the legal considerations of the judges of the Gorontalo Religious Court in the determination of Number. 77 / pdt.p / 2020 / PA. Gtlo. The author in his research uses normative research methods conducted by researching directly in cases that occur during society. Research is focused on describing legal issues, analyzing legal products, then presenting them systematically. The results of this study show that: 1) The legal position of the status of children born due to marriage under the hands in case Number. 77/Pdt.p/2020/PA. Gtlo, the panel of judges argued that the marriage of the petitioners was following the terms and pillars of marriage according to Islamic law, it's just that the marriage did not meet the administrative requirements as desired by article 2 paragraph (2) of Law Number: 1 of 1974 jo Law No. 16 of 2019 on marriage, so that according to Islamic law the marriage is still considered valid. Thus causing legal consequences, such as the rights and obligations of the husband and wife, marital property, the relationship between both parents and children (nasab), obligations of child maintenance (hadhanah), and inheritance. (2) Legal considerations used by the judges of the Gorontalo Religious Court in determining the petitioners' application in this case number 77 / Pdt.P / 2020 / PA. Gtlo there are at least three references of judges, namely, the evidence submitted by the applicants, the testimony of witnesses, and the provisions of the law (law) relating to the silverware.","PeriodicalId":395461,"journal":{"name":"Ajudikasi : Jurnal Ilmu Hukum","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117328068","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}