Lex Veritatis

PENCEGAHAN TINDAK PIDANA ABORSI DAN UPAYA HUKUM BERDASARKAN KITAB UNDANG-UNDANG HUKUM PIDANA PERSPEKTIF UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN

2024-09-19T11:10:31+07:00

Abortion is a controversial issue involving legal, health, moral, and social aspects in Indonesia. This study aims to analyze the legal regulations governing abortion in the Criminal Code and the Health Law. In the Criminal Code, abortion is regulated in Articles 299 to 304 which generally prohibit abortion with criminal penalties for the perpetrator and parties involved. Meanwhile, Health Law Number 36 of 2009 provides certain exceptions that allow abortion under special conditions, such as to save the mother's life or in cases of pregnancy due to rape, which are further regulated in Government Regulation Number 61 of 2014 concerning Reproductive Health. This study found inconsistencies and potential conflicts between the provisions of the Criminal Code and the Health Law, especially regarding the definition, requirements, and procedures for carrying out abortion.

ANALISIS YURIDIS IMPLIKASI KESAMAAN PADA POKOKNYA DALAM PENDAFTARAN DAN PERLINDUNGAN HAK ATAS MEREK (STUDI KASUS MS. GLOW VS PS. GLOW)

2024-08-28T15:29:28+07:00

Inherent similarity to a brand can be categorized as one of the violations against a brand. This study aims to find out the legal consequences and protection of trademarks that have been determined by the Ministry of Law and Human Rights which are indicated to have similarities in the main case of MS GLOW and PS GLOW. The research method uses normative juridical research with a literature study approach. The results of the research on the case have caused legal consequences of injustice for many parties such as brand owners; user; and the community; and make the public lose their sense of trust in the Ministry of Law and Human Rights. The protection of the trademark that occurs is to obtain compensation for trademark infringement committed; and cancellation of trademark registrations that commit infringement.

TINJAUAN YURIDIS TENTANG WASIAT DAN WARIS DALAM PERSPEKTIF HUKUM ISLAM

2024-08-30T10:50:00+07:00

This study explores the regulation of wills and inheritance in Islamic law in Indonesia, focusing on the Compilation of Islamic Law (KHI). It employs normative legal research with analytical and comparative approaches. Data was gathered from primary sources like the Qur'an, Hadith, and KHI, along with secondary materials from relevant books and articles. The analysis aims to understand legal principles and compare scholarly views on wills. Findings reveal differences in interpretations regarding the age limit for testators and the maximum number of wills, alongside challenges in applying testamentary law in Indonesia. The conclusion highlights the need for clear will documentation to prevent disputes and ensure equitable asset distribution according to Islamic principles and national regulations.

ANALISIS YURIDIS TENTANG PENYUSUNAN SURAT DAKWAAN DAN AKIBAT YANG TIMBUL DARI SURAT DAKWAAN YANG DISUSUN TIDAK MEMENUHI KETENTUAN YANG BERLAKU

2024-10-01T22:39:01+07:00

In the case of the public prosecutor, the results of the investigation can be prosecuted as quickly as possible by making an indictment (Article 140 paragraph (1) KUHAP). In this research the author found decision number: 362/Pid.B/2022/PN Tng Jo 264 K/Pid/ 2023 In this decision the author found that the public prosecutor's indictment was wrong in formulating the contents of the article in the first or second indictment. The method used in this research is the Normative research method. The method proposed by Peter Mahmud uses secondary data consisting of Primary, Secondary and Tertiary legal materials. The results of this research show that in decision number: 362/Pid.B/2022/PN Tng Jo 264K/Pid/2023 there were errors in the preparation of the indictment. Advice to the public prosecutor to be more careful in formulating the indictment and for the judge to be more careful in applying the provisions of the existing law.

STUDI KRITIS PENGGUNAAN CHEMICAL WEAPONS DALAM PERANG ISRAEL DAN PALESTINA DITINJAU DARI PERSPEKTIF HUKUM HUMANITER INTERNASIONAL

2024-09-17T14:59:50+07:00

This study aims to find out how the rules of the international convention regarding the prohibition of the use of chemical weapons in armed conflict, and how to enforce international legal sanctions policies against countries that use chemical weapons in armed conflict. This study uses a normative legal research method that examines through an approach using a literature study method. The results of the research obtained show that the use of chemical weapons is strictly prohibited which is implemented with a series of international conventions and agreements. Israel's actions can be prosecuted legally in accordance with the provisions contained in the 1998 Rome Statute, namely the criminal liability of commanders and individuals with a maximum prison sentence of 30 years or life imprisonment if justified by the crime and personal circumstances of the person being punished.

PERLINDUNGAN HUKUM BAGI PEMILIK HAK ATAS TANAH YANG BELUM BERSERTIFIKAT YANG TERBIT ATAS DASAR CACAT ADMINISTRASI

2024-08-30T13:03:06+07:00

Abstract

The main problem in this case is about how legal protection for owners of land rights objects that have not been titled issued on the basis of administrative defects during land registration and how the Indonesian National Land Office is responsible for the loss of land rights owners. This type of research is normative juridical, descriptive analytical in nature so that the data obtained is analyzed qualitatively so that the data obtained can be scientifically accounted for. From the results of the study it can be concluded that legal protection for the owner of the object of land rights that have not been titled on the basis of administrative defects when land registration is given the opportunity to object to the issuance of another certificate on the object, namely in this study in a refressive manner in need of legal remedies, namely through the judiciary. The responsibility of the Indonesian National Land Office for the loss of land rights owners, in carrying out its duties, is responsible for certificates that have been issued in court and outside the court. The Indonesian National Land Office facilitates all owners of land objects to submit these problems through confirmation, mediation or judicial channels.

OPTIMALISASI JARINGAN DOKUMENTASI DAN INFORMASI HUKUM NASIONAL SEBAGAI WADAH PARTISIPASI MASYARAKAT DALAM PEMBENTUKAN PERUNDANG-UNDANGAN DI ERA DIGITAL

2024-10-15T09:13:24+07:00

This study will investigate public participation in the drafting of laws and regulations. This paper used normative legal methods, statutory approaches, and historical approaches. Despite the fact that Government Regulation Number 12 of 2011, Article 96 concerning the Formation of Legislation mandates the freedom of the community to express their aspiration, it has not been able to function optimally, as determined by the findings of this study. Furthermore, the authority of the DPR and the President restricts the formation of legislative regulations, necessitating optimization so that the public can express their desires. Jaringan Dokumentasi dan Informasi Hukum (JDIHN), which formerly had access only to legal documents, is expected to play a role in encouraging the public's participation in expressing their aspirations.

PERLINDUNGAN HUKUM TERHADAP KORBAN TINDAK PIDANA PEMBUAT VIDEO PORNOGRAFI PALSU (DEEPFAKE PORN) BERBASIS ARTIFICIAL INTELLIGENCE (AI) DI INDONESIA

2024-09-17T15:00:46+07:00

Crimes in deepfake technology create serious challenges for the state in the context of protection and law enforcement. This study uses a normative legal method with a descriptive nature of research, and the data collection technique used is a literature study. With primary, secondary, and tertiary materials. The results of the study obtained indicate that the protection efforts obtained by victims of criminal acts of fake pornographic videos (deepfake porn) based on artificial intelligence (AI) include preventive and repressive legal protection, restitution, compensation, and counseling. There is an urgency to create special regulations related to artificial intelligence (AI) in Indonesia, the contents of which include the classification of artificial intelligence (AI) in several levels of risk and articles regarding the misuse of artificial intelligence (AI).

TINJAUAN YURIDIS ATAS FAKTOR PENYEBAB PENOLAKAN ISBAT NIKAH DAN KONSEKUENSINYA TERHADAP HAK ISTRI DAN ANAK (STUDI DI KOTA GORONTALO)

2024-10-15T09:06:49+07:00

This study is intended to analyze in more depth the factors that influence the rejection of marriage confirmation in Gorontalo City and the legal consequences for the fulfillment of the rights of wives and children. This type of research uses an empirical legal research method. The approach used is a qualitative approach. The results of the study show that the factors that influence the rejection of marriage confirmation in Gorontalo City are because the applicant is still married to someone else and the applicant or witness is not present at the trial. The legal consequences of the rejection of confirmation show that the child's rights are not fulfilled after the marriage confirmation is rejected, namely the child's right to inheritance will only obtain the right to inheritance through his mother's lineage and the wife's right to receive inheritance when her husband dies is not fulfilled and the wife does not have the right to demand the distribution of joint property.

ANALISIS YURIDIS PENYERAHAN IJAZAH SEBAGAI JAMINAN DALAM MELAKUKAN HUBUNGAN KERJA

2024-10-11T13:05:25+07:00

The purpose of the study was to determine the laws and regulations in Indonesia that regulate the retention of diplomas in employment relationships and analyze diplomas as objects that can be used as collateral in employment relationships. This study is a normative legal study. Secondary legal materials used include the 1945 Constitution, Law Number 13 of 2013 concerning Manpower, Law Number 39 of 1999 concerning Human Rights, East Java Regional Regulation Number 8 of 2016 concerning the Implementation of Manpower. Data analysis was used qualitatively. The results of the study concluded that the laws and regulations in Indonesia have not expressly regulated the retention of diplomas in employment relationships. The absence of this provision raises debates and problems related to workers' rights. Then in general, the laws and regulations in Indonesia do not specifically regulate diplomas as objects that can be used as collateral in employment relationships.