Fonaha Hulu, Lenny Mutiara Ambarita, Pandapotan Damanik, Yurulina Gulo
{"title":"Implementation of Land Dispute Resolution with Justice","authors":"Fonaha Hulu, Lenny Mutiara Ambarita, Pandapotan Damanik, Yurulina Gulo","doi":"10.26532/ijlr.v7i2.32627","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.32627","url":null,"abstract":"The purpose, as with various other arrangements, is to ensure legal certainty, provide legal protection for the people in the context of supporting sustainable development without ignoring the principle of environmental sustainability. The purpose of this research is to analyze the application of equitable land dispute resolution because so far the regulation of land dispute resolution has not been equitable, giving rise to various disputes in the process of resolving land cases. The research method used in this research is the normative juridical method. In addition, it is necessary to establish a special court that handles land issues, namely the Agrarian Court, a special court for land dispute resolution under the Supreme Court of the Republic of Indonesia. Novelty in this research with the establishment of institutions and laws and regulations that specifically deal with the issue of fair land dispute resolution is expected that the Agrarian Court can fulfill a sense of justice for the parties in the settlement of land disputes that have occurred so far in the community.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"411 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179191","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 Enigma Performing Rights in Music Disputes in Indonesia: A Way of Justice from the Paradigm of Fairness Principle","authors":"Ida Ayu, Vinda Arini","doi":"10.26532/ijlr.v7i2.30879","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.30879","url":null,"abstract":"This study aims to answer two legal issues, namely, the enigma and nature of the concept of performing rights in music disputes in Indonesia and the orientation of the principle of fairness in realizing justice related to music disputes in Indonesia related to performing rights. This research is a normative legal research with a concept and statutory approach. The research results confirm that performing rights in music disputes in Indonesia must be seen in the important role of LMKNs as regulators, administrators, as well as mediators. Therefore, increasing the professionalism and capacity of LMKNs is needed so that the distribution of royalties can reflect aspects of justice for those involved in the world of music. The fairness principle in realizing justice related to music disputes in Indonesia related to performing rights is when the original position and vail of ignorance of the parties are strengthened through the role of LMKN in the mediation process, namely that disputes related to performing rights can be carried out effectively, efficiently and refers to the substantive aspects which are proportionally able to accommodate the rights of the parties.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"408 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139179754","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 Unlocking Emphaty Through Restorative Justice: A Mediation to Healing Theft","authors":"Achmad Arifulloh","doi":"10.26532/ijlr.v7i2.33684","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.33684","url":null,"abstract":"Theft, a prevalent property crime in society, serves as the focal point of this research. The study aims to investigate and evaluate the efforts, challenges, and potential solutions in addressing common theft crimes by employing a restorative justice approach. The author employs a sociological-legal approach as the research methodology. The findings of this research indicate that the resolution of theft-related criminal offenses through a restorative justice framework is feasible when both the offender and victim willingly participate in the process with the objective of achieving reconciliation and preventing recurrence of criminal behavior (recidivism). To address this, it is suggested that the responsibility for mediating the process should be entrusted to the offender and the victim, with a focus on safeguarding the rights and well-being of both parties. In addition, community involvement is emphasized, along with stringent oversight to ensure the effective implementation of the resolution process.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"2 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139333249","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 Legal Protection of Personal Data in Islamic Perspective","authors":"Denny Suwondo","doi":"10.26532/ijlr.v7i2.33648","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.33648","url":null,"abstract":"The protection of personal data is a public right that must be protected, even in Islam through the words of the Prophet Muhammad SAW, advocating peace by promoting attitudes of mutual respect, respect and love for fellow human beings. This attitude must be practiced among other religious communities, not only among Muslims. The research purposes to discuss specifically the regulation of personal data protection in Indonesia and personal data protection from an Islamic perspective. The type of research used in this research is normative juridical or library legal research or doctrinal legal research, namely legal research by examining library materials and secondary materials. In the view of the Islamic perspective regarding the protection of personal data is monitored as an endeavor to maintain the benefit of individuals and society in the use of information technology and can be considered as an implementation of the principle of benefit in Islam.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"6 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139332817","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 Forms of Legal Protection of Patient Medical Records in Online Health Services","authors":"Harsono Njoto","doi":"10.26532/ijlr.v7i2.33462","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.33462","url":null,"abstract":"Health services online should have special regulations, the goal is that online consultations on medical records must be protected by law for the protection of doctors, system administrators, and patients. The purpose of this research is to analyze the Legal Basis for the Implementation of Online Health Services, Forms of Legal Protection of Patients against Online Health Services and Patient Rights as Users of Online Health Services & Responsibilities of Online Health Service Providers in Aspects that Harm Patients. The methodology uses normative juridical with a legal and conceptual approach. Health services performed by doctors online must comply with the Information and Electronic Transaction Law, the Health Law, and the Medical Practice Law and related regulations. The confidentiality of patient data must be maintained and must maintain data security to avoid data leakage which will be misused by people who do not have rights. The patient must provide the correct complaint so that the doctor can give the right advice. Patients have the right to choose a doctor who has the ability and expertise and the right to receive clear information regarding their health. If there is no meeting point on the existing problems, a lawsuit can be filed in court.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"20 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139336858","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 Credit Restructuring as a Step for Bank Financial Rescue","authors":"Liu Shang Wei","doi":"10.26532/ijlr.v7i2.33282","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.33282","url":null,"abstract":"One effort to minimize potential losses from problem loans is that banks can carry out credit restructuring. Implementing credit restructuring for problem loans means that debtors can again fulfill their obligations to the bank, namely in the form of paying principal installments and/or credit interest which has been given relief tailored to the debtor's capabilities. The result of credit restructuring is that the debtor's business continuity becomes viable again so that the debtor can fulfill his obligations to the bank. The obstacles that arose in the restructuring process were able to be overcome by the bank optimally and proportionately. The solution adopted is also a method that is profitable for both parties, so that both parties (debtor and creditor) avoid the element of loss.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139336911","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 Responsibility of Social Security Organizing Agency (BPJS) When Participants are Rejected by Hospital in the Perspective of Civil Agreement Law","authors":"Setyo Trisnadi","doi":"10.26532/ijlr.v7i2.32488","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.32488","url":null,"abstract":"BPJS participants often experience discrimination by hospitals, hospital services for general patients and BPJS participants are very different. The purpose of this research is to analyze Position of Health Insurance Agreement and to analyze Liability of the Social Security Agency in the Case of Rejection of BPJS Participants by Hospitals in the Perspective of Civil Agreement Law. The method used in this study was normative method. Normative legal research in its development is research that uses the study of legal behavior concluded in legislation. BPJS neglect of its participants when there is a rejection by its partner hospitals is an act of default for BPJS participants. So it is clear that the neglect of BPJS towards its participants in the issue of rejection of BPJS participants by BPJS partner hospitals is clearly an action that violates the obligations, duties, and responsibilities of BPJS towards BPJS participants, this is not in accordance with what is promised in the health social security agreement made by BPJS with its participants.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"29 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139336960","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 Legal Protection for Workers Who Exceed the Overtime Limit Based on the Labor Law","authors":"Masitah Pohan","doi":"10.26532/ijlr.v7i2.32462","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.32462","url":null,"abstract":"This research is based on legal problems against workers who work overtime, which is not in accordance with labor laws and regulations. The problems raised in this study are how legal protection for workers who work over the overtime limit based on labor law and obstacles in the implementation of legal protection for workers who exceed the overtime limit based on labor law. The purpose of this study is to determine the legal protection of workers who work overtime based on labor law and obstacles in the implementation of legal protection for workers who exceed overtime working time limits. This research uses descriptive analytical research methods, the approach used is normative juridical. The approach method used in this research is the statute approach. The implementation of legal protection for workers who exceed the working time limit has not been fully implemented based on Article78 letter b, namely overtime working time which can only be done at a maximum of 3 hours in 1 day and 14 hours in 1 week. The inhibiting factors are the lack of maximum worker performance in carrying out a job and the lack of labor owned by the company.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"40 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139339545","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 Legal Protection of Copyrighted Musical Works Used for Commercial Purposes","authors":"Erniyanti Erniyanti","doi":"10.26532/ijlr.v7i2.32633","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.32633","url":null,"abstract":"The purpose of writing this journal is to know the legal arrangement of copyright protection of musical works used for commercial purposes, and know the legal protection of copyrighted musical works used for commercial purposes. The author is interested in further research where the research aims to analyze Legal Arrangements for Copyright Protection of Musical Works Used for Commercial Purposes and Legal Protection of Copyrighted Musical Works Used for Commercial Purposes. The method used is a nomative approach through literature study, and empirical approach through field research by conducting a series of interviews with respondents and informants to obtain field data. The results showed that, the legal regulation of copyright protection of musical works used for commercial purposes can be analyzed within the framework of John Austin's positive law theory as an order given by the sovereign ruler to protect the copyright of the owner of the musical work. Compliance with these rules is essential as copyright infringement can have serious legal consequences as stipulated in Act No. 28 of 2014 on Copyright and Government Regulation No. 56 of 2021 on the Management of Royalties for Copyright of Songs and/or Music.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"25 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-09-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139339630","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}
M. R. Farras, Deka Maghfira, Zahry Vandawati Chumaida, Peter Mahmud Marzuki, Teori Hukum
{"title":"A Form of Consumer Protection from Beauty Products that Contain Harmful Chemicals","authors":"M. R. Farras, Deka Maghfira, Zahry Vandawati Chumaida, Peter Mahmud Marzuki, Teori Hukum","doi":"10.26532/ijlr.v7i2.32301","DOIUrl":"https://doi.org/10.26532/ijlr.v7i2.32301","url":null,"abstract":"The purpose of writing this scientific journal is to understand and know the forms of regulation and legal protection for consumers against dangerous cosmetics that are sold freely by analyzing the responsibility of business actors for the products they market. In the formulation of scientific writing, the research method used is normative law with reference to the analytical and conceptual approach to legislation. Regarding the source of the data used in this study, it comes from primary legal materials sourced from statutory regulations and literature review. From the results of the study it can be concluded that consumers are required to be more careful and careful in consuming a product and item. If consumers have carried out their obligations and feel aggrieved, they have the right to obtain legal protection and submit existing legal remedies and business actors must also be responsible for their obligations. Here the role of the government is needed to convey education to the public, especially consumers regarding education on cosmetic products in circulation that do not meet predetermined quality standards and this can have an adverse impact on consumers who use and are users of the final product. The Consumer Protection Law accommodates two important principles, namely product liability and professional liability. Business actors are obliged to be responsible for consumers who suffer losses due to defects in the products circulated by business actors.","PeriodicalId":425396,"journal":{"name":"International Journal of Law Reconstruction","volume":"239 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-08-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139349189","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}