Justitia Et Pax最新文献

{"title":"Author Index Volume 38 Nomor 2 Desember 2022","authors":"Justitia et Pax","doi":"10.24002/jep.v38i2.7318","DOIUrl":"https://doi.org/10.24002/jep.v38i2.7318","url":null,"abstract":"Author Index Volume 38 Nomor 2 Desember 2022","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48300550","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":"PERLINDUNGAN HUKUM MENGENAI KEBOCORAN DATA PRIBADI TERHADAP AKUN MICROSOFT OFFICE 365 YANG DIBELI MELALUI SHOPEE","authors":"Agus Astono","doi":"10.24002/jep.v38i2.6339","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6339","url":null,"abstract":"In the new era, commonly referred to as big data, online-based storage is increasingly needed to accommodate data and information obtained and sent. The problem is that many users of Microsoft 365 series accounts are purchased illegally from sellers on the Shopee site and do not realize sellers have access to synchronize user data. The data is connected online and automatically, especially in data storage applications from the Microsoft 365 series, namely OneDrive so it can pose a significant threat to personal information leakage. This article aims to dissect and obtain an ideal concept regarding protecting the personal data of Microsoft Office 365 users purchased through the Shopee site. A legal study is a normative study of applicable legal provisions or statutory regulations. The result shows that the explicit rules in the new Personal Data Protection Law related to Cloud Computing Systems, as well as preventive measures to avoid leakage of personal data using self-literacy on the importance of protecting personal data. For example, customers should use a secure site for online transactions, stop buying products or application accounts online illegally, and use security antivirus software.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46465769","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":"KEKUATAN PEMBUKTIAN HASIL PEMERIKSAAN LABORATORIUM FORENSIK SEBAGAI ALAT BUKTI DALAM KASUS TINDAK PIDANA PEMBUNUHAN","authors":"Astrya Puspitasari, Diya Ul Akmal","doi":"10.24002/jep.v38i2.5920","DOIUrl":"https://doi.org/10.24002/jep.v38i2.5920","url":null,"abstract":"Murder is a crime that both violates humanity and the law. Murders can be influenced by a variety of factors, including personal issues, economic hardships, and other concerns. The process of investigating murder cases necessitates the use of a Forensic Laboratory Examination to identify evidence and clues that will be used as legal evidence in court later. The aim of the research is to examine the role of evidence from Forensic Laboratory examination results in developing a judge's conviction in a murder case. This is a qualitative study that employs a normative legal method. The data used are secondary data gathered from literature studies and interviews at the National Police Headquarters Forensic Laboratory Center. In general, Forensic Laboratory examination results are utilized as evidence and instructions that can corroborate evidence. The Forensic Laboratory examination results can be utilized as documentary evidence (visum et repertum), expert testimonies, and evidence directives. The Forensic Laboratory investigation's findings are crucial in determining the judge's conviction, particularly in cases of murder. The judge's conviction must be founded on the fact that the defendant committed murder. As a result, the role of proving the Forensic Laboratory examination results is expected to guide the judge's conviction to get material truth. The expected implication is that the values of justice will be fulfilled in the Indonesian criminal justice system.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44584039","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":"PERAN LEMBAGA OMBUDSMAN DAERAH ISTIMEWA YOGYAKARTA DALAM MENDORONG TERWUJUDNYA ETIKA USAHA YANG BAIK","authors":"Laurentius Banyu Biru","doi":"10.24002/jep.v38i2.6345","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6345","url":null,"abstract":"This research was inspired by the existence of the DIY Ombudsman Institute which has one of the goals of encouraging the realization of business ethics. There are 2 (two) issues raised in this study, namely: What is the role of the DIY Ombudsman Institute in encouraging the realization of business ethics and what are the criteria for the DIY Ombudsman Institute in identifying a case as a violation of business ethics in terms of Utilitarianism and Deontology ethical theory? This research is a normative research with a statutory approach and a philosophical approach. The results showed that the DIY Ombudsman Institute carried out its role by socializing and facilitating the resolution of business ethics violations. The results of the study also show that the Yogyakarta Ombudsman Institute uses the criteria of violating obligations in determining a case to constitute a violation of good business ethics.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46230335","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":"APPRAISAL OF INTERNATIONAL CRIMINAL COURTS: LESSONS FOR THE GAMBIA ON JAMMEH’S ALLEGED CRIMES","authors":"Ousu Mendy","doi":"10.24002/jep.v38i2.6305","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6305","url":null,"abstract":"This research is determined to present an appraisal of International Criminal Tribunal for Rwanda (hereinafter referred to as ICTR) from an international law perspective in their quest to serve justice after the perpetration of the heinous atrocities of genocide in 1994 in Rwanda and other criminal tribunals and courts. It examines the failure of the international community to intervene, the raison d’être of ICTR as the main tribunal in this research and its fate. It focuses on the national mechanisms and the need for The Gambia to achieve justice for victims of the former President, Yahya Jammeh by reflecting on Rwanda. These findings are used to gauge The Gambia’s Truth, Reconciliation and Reparations Commission’s (hereinafter referred to as the TRRC) recommendations and The Gambia’s white paper on Jammeh’s alleged crimes. It examines the violation of human rights, the prospects of this white paper and my perspective on possible mechanisms for social justice, integration and cohesion in The Gambia. This research, therefore, finds out that a hybrid court led by The Gambia and supported by judges in Africa is quite relevant to dealing with these alleged crimes because it is established with the aim of addressing this issue of Jammeh’s alleged human rights violations. This is so when The Gambia liaises with the African Union and the Economic Community of West African States to strengthen this hybrid court by providing this court with judges of outstanding legal acumen in hearing cases of such.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41424138","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":"INSENTIF PAJAK PENGHASILAN BAGI UMKM: REFORMASI, KERINGANAN DAN KEPATUHAN","authors":"Jerry Shalmont, G. I. Darmawan, Dora Dominica","doi":"10.24002/jep.v38i2.6119","DOIUrl":"https://doi.org/10.24002/jep.v38i2.6119","url":null,"abstract":"As a response to COVID-19, the Government issued some income tax incentives based on the Minister of Finance Regulation (MoF Regulation) No. 23/PMK.03/2020 concerning Tax Incentives for Taxpayers Who Suffered from COVID-19. There are six tax incentives given by the Government to the Taxpayer, one of them is PPh Final DTP UMKM. In 2021, the Government issued two MoF Regulations which extended the period until December 2021. Through Law Number 7 of 2021 concerning Harmonization of Tax Regulations (UU HPP), the incentive arrangement is adjusted once again. The research topic will focus on the utilization of tax incentives by taxpayers, in particular, the SMEs after the enactment of UU HPP. This research is normative research using regulatory and structural approaches. The research result shows that the reformation of PPh incentives for SMEs through the UU HPP is meant to 1) simplify and make a permanent facility that can be utilized by the SMEs; and 2) improve legal certainty as part of community support. However, this is not enough. The Government shall enact the implementing regulations of UU HPP to improve awareness and compliance of the SMEs to register their businesses and become the registered taxpayer.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49382287","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":"KRIMINALISASI FENOMENA PENYIMPANGAN SOSIAL KUMPUL KEBO (SAMENLAVEN) DALAM PERSPEKTIF HUKUM PIDANA","authors":"A. Danardana, Vincentius Patria Setyawan","doi":"10.24002/jep.v38i1.5713","DOIUrl":"https://doi.org/10.24002/jep.v38i1.5713","url":null,"abstract":"The public's reaction to the act of social deviation, gathering together often reaps various negative responses and tends to be vigilante (eigenrichting). Based on this, it is necessary that the act of gathering together is categorized as a crime through a criminalization policy. The Draft Criminal Code has listed this act as a crime of decency, but in its formulation it needs to be re-examined regarding its impact on society. This study aims to provide an analysis of the extent to which the criminalization of gathering kebo brings social impacts to the community. This research is a normative legal research with a conceptual approach. The data collection technique was carried out by literature study, namely studying primary legal materials and secondary legal materials. The analysis used in this research is prescriptive, to find out what should be done to answer the legal issues raised in this paper. The result of this research is that the criminalization of the act of gathering together needs to consider the social aspects of society.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47057768","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 PRINSIP NATIONAL TREATMENT DALAM KASUS SENGKETA IMPOR DAGING AYAM ANTARA BRASIL DENGAN INDONESIA","authors":"Rifkah Mufida","doi":"10.24002/jep.v38i1.5053","DOIUrl":"https://doi.org/10.24002/jep.v38i1.5053","url":null,"abstract":"The principle of national treatment is the principle of non-discrimination which prohibits discrimination against domestic products and imported products that enter the territory of a country. Brazil considers that Indonesia violates the principle of national treatment by giving different treatment to domestic chicken products and imported chicken products from Brazil. Based on this, the purpose of this paper is to find out how to apply the principle of national treatment in the case of a dispute over the import of chicken meat from Brazil to Indonesia. This research uses normative legal research methods and uses a statutory approach. The legal material in this study uses primary and secondary legal materials and the analysis of legal materials in this study uses the syllogism method with a deductive reasoning pattern. there is a difference in the understanding of similar products between Brazil and Indonesia which is the benchmark in determining violations of the principle of national treatment. Based on this, Indonesia is proven not to have violated the principle of national treatment.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48661595","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":"PERBUATAN MELAWAN HUKUM YANG DILAKUKAN OLEH PENGUASA (ONRECHTMATIGE OVERHEIDSDAAD) DALAM PUTUSAN PENGADILAN: SEBUAH STUDI KASUS","authors":"Chandera Halim, Arfian Indrianto","doi":"10.24002/jep.v38i1.5515","DOIUrl":"https://doi.org/10.24002/jep.v38i1.5515","url":null,"abstract":"The government often do not escape the existence of legal actions in which violations occur (unlawful acts by the government). This case was the dispute between the Congregation of the Sisters of the Virgin Mary against the President of Republic Indonesia cq the Minister of Home Affairs of Republic Indonesia cq the Governor of Central Java cq the Regent of Pekalongan, and the Director of RSUD Kraton in Pekalongan, Central Java regarding unlawful acts committed by the government. When this dispute occurs, the Regulation of the Supreme Court of Republic Indonesia Number 2 of 2019 has not been issued concerning Guidelines for the Settlement of Government Actions and the Authority to Adjudicate Unlawful Acts by Government Agencies and/or Officials (Onrechtmatige Overheidsdaad). The research question is: can the government as an instrument of state administration in carrying out its duties and functions commit acts against the law? This writing uses the Normative-Empirical legal writing method, a combination of normative legal approaches with the addition of various empirical elements. This method implements normative legal provisions in every particular legal event occuring in society. It can be concluded that acts against the law can be committed by the government. The lawsuit against unlawful acts by the government is the authority of the general court, not the state administrative court. However, with the issuance of Regulation of the Supreme Court of Republic Indonesia Number 2 of 2019, then it becomes the authority of the state administrative court.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"68800698","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":"POLITIK HUKUM PEMBENTUKAN URUSAN PEMERINTAHAN PEMBANGUNAN DAERAH TERTINGGAL DALAM PENYELENGGARAAN PEMBANGUNAN NASIONAL","authors":"Saptono Jenar","doi":"10.24002/jep.v38i1.5066","DOIUrl":"https://doi.org/10.24002/jep.v38i1.5066","url":null,"abstract":"Based on Law Number 39 of 2008 concerning State Ministries, it is stated that there is government affairs in development of disadvantaged regions as one of the specific affairs in the government. It was later determined that government affairs of development of disadvantaged regions were carried out in the context of sharpening, coordinating, and synchronizing government programs. In accordance with the general duties of the government, the government affairs of development of disadvantaged regions are carried out as a manifestation of the government's duties in the context of realizing general welfare through the implementation of national development. In this regard, it is important to conduct further research on the legal policy of establishing government affairs of development of disadvantaged regions in the implementation of national development. In addition, it is also important to discuss further the role of government affairs of development of disadvantaged regions in the acceleration development of disadvantaged regions which is an integral part of national development as mandated in Law Number 17 of 2007 concerning the National Long-Term Development Plan of 2005-2025. The research method in this writing is normative legal research and uses a theoretical, conceptual, and statutory approach. The results of the research and discussion in this paper conclude that the legal policy of establishing government affairs of development of disadvantaged regions in the implementation of national development is a form of the government's commitment to giving development attention and alignments to disadvantaged regions with the aim of realizing a more equitable and just development which is characterized by the realization of equitable distribution of regional development as well as reducing disparities between regions. Meanwhile, the role of government affairs of development of disadvantaged regions is contextually aimed at coordinating the implementation of the acceleration development of disadvantaged regions with relevant ministries/institutions, provincial governments, and district governments through sharpening, coordinating, and synchronizing government programs nationally.","PeriodicalId":52874,"journal":{"name":"Justitia Et Pax","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44666673","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}