Journal of Progressive Law and Legal Studies最新文献

{"title":"Pursuit of Fairness: Human Rights and Social Justice in Indonesia's Legal Landscape","authors":"Yovan Iristian","doi":"10.59653/jplls.v2i01.530","DOIUrl":"https://doi.org/10.59653/jplls.v2i01.530","url":null,"abstract":"This study thoroughly examines how human rights protection and the pursuit of justice intersect within the framework of Indonesia. Considering the nature of society, this research critically analyzes the complex challenges that hinder equal rights for all citizens. The focus is on exploring the mechanisms embedded in the Indonesian system that aim to safeguard and advocate for fairness. This study delves deeply into addressing and rectifying social justice issues within this context. Using a methodology that combines analysis with empirical research, this research uncovers the intricate complexities and contradictions in the legal landscape. Tracing the evolution of jurisprudence and legislative efforts sheds light on milestones and obstacles toward fairness and equity. The objective of this research is to contribute insights to discussions regarding human rights and social justice offering a nuanced understanding of both challenges faced and advancements made within Indonesia's legal system. Ultimately it aspires to provide recommendations to policymakers, legal professionals, and stakeholders to create an environment that unwaveringly upholds human rights while fostering social justice for all segments of Indonesian society.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"26 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139159034","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":"Certainly of Divorce Laws in Different Countries Base on Indonesian International Civil Law","authors":"Ria Sintha Devi","doi":"10.59653/jplls.v2i01.496","DOIUrl":"https://doi.org/10.59653/jplls.v2i01.496","url":null,"abstract":"Recognition and implementation of the divorce decision. Therefore, a thorough understanding of the principles of private international law is essential to navigate these complex legal challenges. Principles such as lex loci celebrationis, lex domicilii, and the principle of recognition and enforcement of foreign judgments serve as guidelines in handling inter-country divorce cases. Court jurisdiction, the choice of applicable law, and the process of recognizing and implementing divorce decisions between countries are important focal points in legal settlements. International divorce, especially involving spouses of different nationalities, raises a number of complex issues. From determining jurisdiction to choosing the applicable law, every step in the divorce process requires careful consideration. In this context, several international treaties, such as the Convention on the Civil Aspects of International Divorce, provide a uniform legal framework for dealing with such divorce cases. \u0000In addition, the importance of recognizing and enforcing foreign divorce judgments in other jurisdictions is an important factor in preventing multiple divorces and providing legal certainty. This process involves coordination between countries to respect and recognize foreign court decisions. Protecting children's rights in interstate divorce is an important focus, with jurisdictional determination and appropriate application of the law to ensure the child's best interests are safeguarded. An in-depth understanding of international private law, especially in the context of divorce from different countries, is the key to ensuring justice and legal certainty for all parties involved. \u0000In handling inter-country divorce cases in Indonesia, especially those involving couples with different nationalities, it is important to pay attention to national legal regulations, applicable laws and regulations, and guidelines from relevant international conventions. The divorce process in Indonesia, as explained in Article 66 of the Marriage Law, must follow the applicable national laws and regulations. This research, using normative juridical methods, provides in-depth insight into how international private law is applied in inter-state divorce cases in Indonesia. By exploring the principles of private international law and examining expert views, this research discusses the legal complexities involving marriage between countries and contributes to further understanding of legal certainty in this context. Overall, interstate divorce opens up a broad discussion of private international law issues, including jurisdiction, choice of law, recognition, and protection of children's rights. With increasing human mobility and globalization, a deep understanding of the principles of international private law is becoming increasingly important in dealing with marriages and divorces from different countries.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"2 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138965997","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":"Tiki Taka’s Strategy as an Effort to Prevent Copyright Infringement in Indonesia: E-Commerce Platforms on Digital Era","authors":"Ashibly Ashibly, Fulgensius Jimmy","doi":"10.59653/jplls.v2i01.448","DOIUrl":"https://doi.org/10.59653/jplls.v2i01.448","url":null,"abstract":"The spread of the internet in social life means that there are more and more violations of creations, it is difficult to identify anyone who commits violations, and it is not easy to protect a creation in digital form. If these violations are not addressed, they can have a negative impact on the industry and creators. Violations of the economic rights of creators and copyright holders in the form of digital products/creations have been generally and openly bought and sold on e-commerce platforms in Indonesia without any real action being taken against products that violate the economic rights of creators or copyright holders of the platform the e-commerce. The aim of this research is to find out the tiki taka strategy in preventing copyright infringement in the digital era on e-commerce platforms in Indonesia. The type of research in this research is empirical legal research. Empirical legal research is \"a legal research method that functions to see law in real terms and examine how law works in society.\" The results of the research and discussion are that in the tiki-taka strategy, creators or copyright holders are expected to be able to adapt quickly and make proactive movements. Apart from that, the tiki-taka strategy also teaches you to always be pro-active and try to defend your rights. So these rights must be maintained in order to achieve the desired goals.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"4 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138585690","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":"Implications of Case Resolution Mechanism Due to Press Coverage through Non-Litigation Channels","authors":"Moch Rachmat Prawira Yudha Putra, Toetik Rahayuningsih","doi":"10.59653/jplls.v2i01.425","DOIUrl":"https://doi.org/10.59653/jplls.v2i01.425","url":null,"abstract":"Today's news development in the media is very rapid, both traditional and electronic. Following technological developments, people can receive news from media worldwide directly through various means such as television, radio, newspapers, and even the Internet. Therefore, as a democratic country, Indonesia must be able to fulfill its obligation to guarantee press freedom and encourage the press to serve the interests of the public in seeking information. The national press appears increasingly free and unlimited in today's information technology era. For example, news considered harmful by a particular person or group can cause friction between the press and the public, giving rise to disputes over the behavior of press operators and news considered detrimental by certain groups. All disputes can be resolved through arbitration procedures stipulated in Law No. 40 of 1999 (from now on referred to as the Press Law) through mediation through non-judicial channels. However, not all disputes resolved in such a way can satisfy the parties and create legal certainty.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"133 25","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"138599231","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":"Optimizing the Organization of Statistical Activities through the Revision of Law No. 16 of 1997 Concerning Statistics","authors":"Ramdhanul Yuliarto, Moh. Zeinudin, Made Warka","doi":"10.59653/jplls.v1i03.333","DOIUrl":"https://doi.org/10.59653/jplls.v1i03.333","url":null,"abstract":"This research to find out and study how implementation of basic statistics carried out by the Central Statistics Agency based on Law Number 16 of 1997 concerning Statistics (Statistics Law); what are the obstacles in optimizing the implementation of basic statistics and how to overcome the obstacles in implementing basic statistics optimally through reform of the Statistics Law. This research is normative legal research with a legal political and legal sociology approach, which examines the Statistics Law as positive law in the administration of basic statistics and formulates legal substance that should be implemented in the future. The data source is secondary data consisting of primary legal materials and secondary legal materials. Data collection methods use library studies and interviews. Primary legal materials and secondary legal materials are analyzed using legal analysis methods. The deductive thinking process is used to draw conclusions. The theoretical basis used as an analytical tool in reviewing research results and discussions is the theory of legal effectiveness and public policy theory. The results of this research indicate that the implementation of basic statistical activities by BPS based on the Statistics Law is not running optimally because there are obstacles, such as: low public awareness of the importance and usefulness of statistics, the application of criminal sanctions for respondents that are not effective and statistical data in ministries/ Partial government institutions. These obstacles are fundamental and cannot be overcome casuistically but must be done with comprehensive and revolutionary efforts, so efforts to overcome them are by reforming the Statistics Law so that the implementation of basic statistical activities by BPS can run optimally. From this explanation it can be concluded that in order to obtain legal certainty for both BPS officers and respondents, an article is needed that guarantees legal certainty so that if respondents refuse, they can be given sanctions which of course must be regulated in the Law on Statistics. We as authors propose and suggest that the Government can immediately update the Statistics Law and correct the weaknesses we have mentioned above.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"150 5","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-11-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135777689","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":"Supervision and Law Enforcement Efforts on Food Products Unfit for Consumption Based on Law Number 18 of 2012 concerning Food","authors":"Leni Nurmala, Dince Aisa Kodai, Ibrahim Ahmad","doi":"10.59653/jplls.v1i03.312","DOIUrl":"https://doi.org/10.59653/jplls.v1i03.312","url":null,"abstract":"The problem in this research is how to monitor the circulation of products that are not suitable for consumption as a form of consumer protection for the public. The aim of this research is to provide knowledge to the public as consumers so that they are always careful and alert when consuming food products. The research method used in this writing is Normative Juridical research. A juridical approach that is based on existing legal regulations or legislation. The conclusion from this research is that there are still many food products circulating in the community that contain food preservatives, namely formaldehyde, borax and synthetic dyes Rhodamine B and Methanil Yelow, which are often used as textile dyes, food products that do not include production dates and expiration dates. With the circulation of products that are not suitable for consumption and can cause health problems, it is quite disturbing for the public, so to overcome this condition, the government must be able to carry out supervision and must impose sanctions on business actors who violate statutory provisions.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135567081","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":"Implementation of the Principle of Accountability in the name Transfer Procedure of Property Rights Certificate at the Land Office Jayapura District","authors":"Marthinus Solossa, Yustus Pondayar, Daniel Tanati, James Yoseph Palenewen","doi":"10.59653/jplls.v1i03.356","DOIUrl":"https://doi.org/10.59653/jplls.v1i03.356","url":null,"abstract":"To ensure legal certainty, it is important to fulfill obligations during the process of changing the name on the title certificate at the Jayapura Regency Land Office. The aim of this research is to determine the application of the principle of Accountability in the process of changing the name of a property rights certificate at the Jayapura Regency Land Office and to identify the variables that cause this process to encounter obstacles. The research approach used is normative, meaning it refers to secondary legal materials such as books, articles, written regulations and other legal documents. The findings of this research indicate that the Jayapura Regency Land Office, in accordance with the Republic of Indonesia PERKABAN, has implemented the principle of accountability fully and correctly in the process of submitting title transfers for land ownership certificates. There are 2 (two) obstacles, both internal and external, in implementing land ownership rights at the Jayapura Regency Land Office. Internal obstacles include a lack of human resources and the large volume of applications that have been submitted to the Jayapura Regency Land Office. Meanwhile there are external challenges, such as the large number of heirs and tax arrears.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"22 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135127198","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":"Effectiveness of Law Number 2 of 2002 Concerning Police Members Who Commit Alleged Violations or Criminal Acts in the Case of Ferdy Sambo","authors":"I Komang Gede Nuarsa, A.A. Sagung Poetri Paraniti, Ida Bagus Anggapurana Pidada","doi":"10.59653/jplls.v1i03.251","DOIUrl":"https://doi.org/10.59653/jplls.v1i03.251","url":null,"abstract":"The problems in this study are how the effectiveness of Law Number 2 of 2002 concerning the police for members who commit alleged violations or criminal acts and what are the obstacles in implementing Law Number 2 of 2002 concerning the police for members who commit alleged violations or criminal acts. The purpose of this research is to make a contribution, especially about the science of law so that function for know the effectiveness of Law Number 2 of 2002 concerning the police. This study uses a normative type of legal research, namely research by describing the facts examined and related to existing laws and regulations. The conclusion of this study is to find several violations or crimes that have been committed by the Indonesian police, including: Narcotics Abuse, Theft, and Discipline Violations. The effectiveness of Law Number 2 of 2002 concerning the Indonesian National Police in the case of premeditated murder involving Ferdy Sambo, et al helped to outline the parts that were violated such as Article 35 (1), Article 30 (1), Article 19 (1), and Article 23. General factors that affect the law enforcement process: Legal Factors, Law Enforcement Factors, Factors of Supporting Facilities or Facilities, Community Factors, and Cultural Factors.","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134913591","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":"Legal Protection of Bank Customer Regarding Bank Credit Agreements According to the Consumer Protection Law","authors":"Hotman Sinambela","doi":"10.59653/jplls.v1i03.235","DOIUrl":"https://doi.org/10.59653/jplls.v1i03.235","url":null,"abstract":"The main objective of the research is to find out, describe and analyze whether the standard clauses in Rural Bank credit agreements (BPR) reflect the credit agreement and do not conflict with the principles of freedom of contract and the principle of balance as well as the impact of implementing standard clauses in Rural Bank credit agreements and legal protection. against customers who are harmed by the application of the standard clause. The research results reveal that the application of standard clauses in BPR credit agreements has fulfilled the principles of freedom of contract, balance and the principle of consensualism because in their application they still open up room for negotiation with customers so that an agreement is reached. The impact of implementing the standard clauses of Rural Bank credit agreements on customers' rights as consumers is that customers do not have room to defend their rights or to file complaints due to the application of standard clauses which are detrimental or burdensome, especially with the \"take it or leave it\" analogy to the terms. - conditions determined by the bank, which include the bank's authority to unilaterally at any time without any reason and without prior notice terminate the credit withdrawal permit. In the case of sales of collateral whose credit is bad, the BPR has the authority to unilaterally determine the selling price of the collateral. Legal protection for customers who are harmed by the application of standard clauses in credit agreements is the customer or consumer. The customer can apply to the BPR according to the protection provided by Article 19 of the Consumer Protection Law","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135249223","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":"Law Enforcement of Narcotics Abuse: Case Study of Investigation Process in Narcotics Criminal Acts in The Kolaka District National Narcotics Agency","authors":"Basrawi Basrawi, Sukri Sukri, Riezka Eka Mayasari","doi":"10.59653/jplls.v1i02.150","DOIUrl":"https://doi.org/10.59653/jplls.v1i02.150","url":null,"abstract":"Narcotics abuse recently has always increased, not only among adults but also among adolescents and children. The cause of this abuse consists of two factors, namely factor internal and external. Therefore, cases of drug abuse are increasing every year. This study was conducted with the aim to find out the form of law enforcement against narcotics abusers in the process of investigating narcotics crimes. The research method used in this study was normative juridical approach which is supported by empirical juridical by detailing the description and collecting primary data through interviews. The results of this study show that there are two forms of law enforcement against narcotics abusers, namely repressive law enforcement and rehabilitative law enforcement as regulated in Law Number 35 of 2009 concerning narcotics. Based on the interviews conducted, it is known that there are several obstacles in law enforcement on narcotics cases at the Kolaka National Narcotics Agency, namely the lack of personnel, the unresponsive community in providing information to investigators as the key to successful law enforcement and decreasing of operational costs in supporting facilities and infrastructure","PeriodicalId":431410,"journal":{"name":"Journal of Progressive Law and Legal Studies","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136143493","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}