SUPREMASI HUKUM

ANALISIS DAN PRESKRIPSI YURIDIS ATAS PUTUSAN HAKIM TERHADAP TINDAK PIDANA PENIPUAN

Fransiskus Saverius Nurdin, Petrus Tamu Tuya — Tue, 05 Mar 2024 00:00:00 +0700

This study aims to question, analyze, and finally provide a juridical prescription of the Decision of the Panel of Judges of the Waingapu District Court Number: 48/Pid.B/2018/PN. Wgp, in trying a case of criminal fraud committed by the Amanda Permata Waingapu Cooperative management. Based on the research results, the panel of judges' decision stated that the defendants were proven guilty of committing the crime of "continuous fraud" as stipulated and threatened in Article 378 of the Criminal Code in conjunction with Article 55 Paragraph (1) 1st of the Criminal Code in conjunction with Article 64 paragraph (1) of the Criminal Code with imprisonment for each -one year and five months each. This research is a normative juridical research with a statutory, conceptual approach and Case approach. This study concludes that the decision is far from the true legal purpose because it is not appropriate and does not consider the victim's loss. The verdict favored the defendants with light sentences and freed them from all claims for damages. The A quo case should have been a civil case.

Keywords: Waingapu District Court, KSU Amanda, Victims, Prescription

KAJIAN KEADILAN TERHADAP BANTUAN HUKUM BAGI MASYARAKAT MISKIN DI INDONESIA

Komang Utami Dewi Artha — Tue, 05 Mar 2024 00:00:00 +0700

The state is bound to abide by obligations to provide legal assistance to enable economically
disadvantaged individuals to have access to justice and equality before the law. However, disadvantaged individuals tend to have difficulty accessing legal assistance services in real life. The provision of legal assistance for economically disadvantaged people in Indonesia in a justice-based persepctive and a model of advocacy based on the idea of justice is the issue to be discussed in depth. The research findings discovers that the provision of legal aid or assistance for economically disadvantaged people has substandard implementation, indicating discrimination and injustice. Advocacy has not upheld values of justice and the principle of professional ethics in providing legal assistance to economically disadvantaged individuals. The approach used by advocates to provide legal assistance for them is based
on the values of justice through the implementation of effective strategies.

Keywords: legal aid, justice, the economically disadvantaged people

PENEGAKAN HUKUM HAK CIPTA TERHADAP PRAKTIK PEMBAJAKAN FILM BESERTA SANKSI DAN DAMPAK YANG TERJADI

Rayhan Satrio Wibisono, Rani Apriani — Tue, 05 Mar 2024 00:00:00 +0700

In the preparation of this article, which aims to discuss the problem of violating the law and criminal sanctions against copyright infringement in piracy and distribution of pirated films. Copyright (Copyright) is the right of the creator that appears by itself based on a declarative principle after the realization of the Work in a tangible form without restrictions according to laws and regulations. The results in this article aim to find out how copyright law enforces the practice of film piracy due to the rampant piracy and distribution of pirated films and what sanctions will be received by the perpetrators of film piracy practices. The perpetrators of piracy must receive applicable sanctions in accordance with the regulations regulated in Law Number 28 of 2014 concerning Copyright and the Indonesian people need to receive education about the forms of sanctions that apply to copyright violators because the practice of film piracy can violate the Act Copyright Law whose laws and sanctions have been regulated therein.

Keyword : Copyright; Film; Piracy; and Â Sanctions.

PROSEDUR PEMILIHAN DAN KEWENANGAN PEJABAT KEPALA DAERAH PADA KEKOSONGAN JABATAN KEPALA DAERAH MENJELANG PEMILIHAN KEPALA DAERAH SECARA SERENTAK PADA 2024

Muhamad kautsar Sangaji — Tue, 05 Mar 2024 00:00:00 +0700

The procedure of Election Acting Regional Head and Authority Regional Head during Election in 2024 be regulated by Regulation of Domestic Minister Republic Indonesia 4 of 2023. The procedure of Election Acting Regional Head consists proposal of the candidate Acting Regional Head, Discussion of candidate Acting Regional Head, Decide of Acting Regional Head, and Appointment of Acting Regional Head. Acting Regional Head have same duties, authorities, obligations, and prohibitions Governors, Regents and Mayors in accordance with the provisions of laws and regulations regarding regional government. This research method is normative juridical. Normative juridical, namely the author analyzes the problem by using articles in a statutory regulation and various literatures such as books, journals, theses, dissertations and dictionaries as references in writing this research.

Keywords: Acting Regional Head, Election Acting Regional Head, Authority Regional Head

PROSEDUR KEARIFAN LOKAL MASYARAKAT ETNIS BETAWI RELASINYA DENGAN OTONOMI DAERAH KHUSUS DKI JAKARTA

Dwi Andayani B.S, Muhammad Rizqi Fadhlillah, Eno Rusmadi — Tue, 05 Mar 2024 00:00:00 +0700

Jakarta's current government administration is based on certain specificities or is equated with other regional governments. As the capital of the Republic of Indonesia, the city of Jakarta is experiencing very rapid growth. DKI Jakarta is given the privilege of being a special region which is formally regulated in Law Number 29 of 2007. Article 26 paragraph 6 of Law Number 29 of 2007 states that the Provincial Government of DKI Jakarta to preserve and develop the culture of the Betawi people and protect the various cultures of other regional communities in the DKI Jakarta Province, including local wisdom from the Betawi people who are part of DKI Jakarta. The research method used is normative juridical research. In its implementation, it turns out that local wisdom is not significantly felt in the DKI Jakarta area. The completion of the development of the Archipelago Capital City in Kalimantan could change the specificities that the DKI Jakarta Province has in the Law, so it is hoped that there will be changes in DKI Jakarta in the policy of implementing the local wisdom of the Betawi ethnic community in the City of Jakarta.

Keywords: Local Wisdom, Law, Government

PEMBERDAYAAN PENANGANAN PERMASALAHAN ANAK JALANAN (Studi Kasus : Di Kota Tangerang)

Chika Nur Qomariah, Retno Susilowati, Ahmad Fajar Herlani — Tue, 05 Mar 2024 00:00:00 +0700

Street children are children who spend most of their time on the streets to earn a living to meet their daily needs. This happens due to the lack of economy of both parents so they are unable to meet their children's needs. They do this to help their family or parents financially, so they can survive. Activities carried out by street children in Tangerang City are a complex problem, considering that there are still many street children with activities such as busking, rocking/cleaning car windows, and so on. The main issues in this research are empowering the handling of street children in Tangerang City and the Role of the Tangerang City Social Service in Implementing Regional Regulation No. 5 of 2012 concerning the Development of Street Children, Homeless, Beggars and Buskers. The type of research is empirical juridical, descriptive analysis in nature, so that the data obtained is analyzed qualitatively. The theoretical basis refers to Article 28B paragraph (2) of the 1945 Constitution, Article 4 in conjunction with Article 76I of the Child Protection Act, Article 1 Paragraph (11) of Tangerang City Regional Regulation Number 5 of 2012 concerning the Development of Street Children. The results of the study concluded that the empowerment of street children in the city of Tangerang has been carried out with several programs and activities that are expected to overcome the social problems of street children by increasing the abilities of these children through education, skills training and moral education, all of which are done to be able to get their rights. as a child, and the role of the social service has been trying to change the attitude and lifestyle of street children who are fostered through the halfway house program, so that later these children can be independent and no longer take to the streets. Suggestions on the need to provide interesting programs to be followed so that they become places to play and educate to be followed, as well as the need for adequate facilities and infrastructure.

Keywords: Social Problems: Empowerment of Street Children

PEMIKIRAN AHMAD RAJAFI TERHADAP GERAKAN PEMBARUAN HUKUM KELUARGA ISLAM DI INDONESIA: ANALISIS EVOLUSI SOSIAL DAN TEORI KONFLIK

Arif Sugitanata, Faradila Hasan — Tue, 05 Mar 2024 00:00:00 +0700

This research reviews Ahmad Rajafi's thoughts on Indonesia's Islamic family law reform movement. Utilising literature-based research with qualitative research and descriptive-analytic analysis, where the primary data source is Ahmad Rajafi's works. Then, the data is processed and analysed using two main theories: Social Evolution theory and Conflict theory. The results show that from a historical perspective, the Old Order reflected early attempts to
remove colonial traces in family law, focusing on harmonisation between religion and national interests. The New Order involved conflict between religious groups over the 1974 Marriage Law, with concrete steps to achieve harmony between Islamic law and national interests by establishing the Compilation of Islamic Law. The Reformation era marked the debate on polygamy and the search for an Indonesian identity in family law, reflecting
the complexity of Indonesia's journey towards a just and inclusive legal system. In the social evolution and conflict theory analysis, family law reform is not only linear but influenced by conflict and changes in social values. This process reflects an active struggle to achieve gender justice and maintain local identity in the Indonesian context. This research concludes that Ahmad Rajafi's thoughts on family law change not only reflect adaptation to social and cultural changes but also involve an active struggle to achieve gender justice and maintain local identity in the Indonesian context.

Keywords: Ahmad Rajafi, Reform, Family Law, Indonesia, Social Evolution, Conflict Theory

TINJAUAN HUKUM TERHADAP PENGGUNAAN ALAT PEMBLOKIR IKLAN DI INDONESIA

Muhammad Mpu Samudra — Tue, 05 Mar 2024 00:00:00 +0700

Advertisements are crucial for website sustainability, but intrusive, immoral, and virus-containing ads can hinder internet browsing. This has led to the emergence of ad-blockers that filter out problematic ads that users find annoying. This solution seeems effective. However, it is important to consider the legal regulation of electronic advertising in Indonesia and whether the use of ad-blockers is permitted by law. This research employs a normative juridical approach to address this issue. Based on the rule of law in Indonesia, the use of ad-blockers does not appear to violate the law. Users are free to block ads, but interfering with publishers' rights to deliver content in a way that they approve should be prohibited. However, these matters have not been regulated by Indonesian law.

Keywords: Ad-blocker; Electronic Advertising; Intrusive Ads

THE MERIT SYSTEM ON THE ACT NO. 20 OF 2023 ABOUT THE STATE'S CIVIL APPARATUS AND PUBLIC SERVICES

Fatkhul Muin — Tue, 05 Mar 2024 00:00:00 +0700

Efforts to create a good government system are correlated with the government system built in government to achieve government goals through good employee management. Law no. 20 of 2023 concerning State Civil Apparatus. The main aim of having a merit system in positions is an effort to create a good service system for society. Therefore, the essence of Law no. 20 of 2023 in order to accelerate the implementation of the transformation of the state civil apparatus to create a state civil apparatus with high work results and behavior that is service-oriented, accountable, competent, harmonious, loyal, adaptive and collaborative, it is necessary to improve the implementation of the management of the state civil apparatus. This research uses a legal approach by analyzing the legal policy of an employee merit system in order to improve public services.

Keywords: Merit System, Legal Policy, Public Service