Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
Not a member yet
525 research outputs found
Sort by
Kedudukan Keterangan Ahli di Sidang Pengadilan dalam Pembuktian Perkara Korupsi
Get PDFCorruption is an extraordinary crime that has an impact on the nation's economy. In general, corruption is carried out by educated people who have wide networks in society. When examining corruption cases in court, the presence of experts can assist the judge in proving the defendant's guilt. Expert testimony as evidence has important power in making clear a criminal act. The judge decides that a person has indeed committed a criminal act determined by at least two valid pieces of evidence and he is convinced that a crime has indeed occurred. This research is to find out the position of expert testimony in proving criminal acts of corruption, the research method used is normative research
Akibat Hukum Kontrak Elektronik yang dibuat dalam Bahasa Asing
Get PDFDecisions to cancel foreign-language contracts in Indonesia are often linked to non-compliance with the valid terms of the contract regulated in Article 1320 KUH Perdata. The use of language in electronic contracts has become an important issue because the valid conditions of an electronic contract in Article 47 PP No. 71 Year 2019 refer to the valid contractual conditions in Article 1320 KUH Perdata. Furthermore, the absence of legal regulation over non-compliance with the obligation to use the Indonesian language in electronic contracts in Indonesia can create legal uncertainty. This research aims to determine the legal consequences regarding the validity of electronic contracts made in a foreign language in Indonesia. The research method uses normative law research with a five-month activity plan and focuses on non-Indonesian-speaking electronic contract law-related research. This research uses primary, secondary, and non-legal material and is carried out in the library. The result of this study is that although there are no special provisions on the legal consequences of foreign-language contracts, the legal effect is cancellation, cancellation by law, or even remaining in force as long as there is no bad faith or misconduct from the parties
Prinsip Kerahasiaan dan Prinsip Kehati-Hatian dalam Perlindungan Data Nasabah Bank Syariah
Get PDFIslamic banks conduct their business activities in accordance with the provisions of the Sharia Banking Law, adhering to the principles of confidentiality and prudence, which are fundamental to gaining customer trust. The business activities of Islamic banks involve the collection of funds (funding) and financing (lending) based on customer trust. In addition to trusting the bank with their funds, customers also trust the bank with their sensitive personal data, which must be protected as bank confidentiality according to Article 41 of the Sharia Banking Law. This study employs a normative juridical method to examine the principles of confidentiality and prudence in the business activities of Islamic banks in protecting personal data. The study utilizes primary and secondary legal materials, reviewing literature from previous research and conducting interviews. The research findings indicate that a data breach caused by a ransomware attack experienced by BSI threatens the bank's reputation. BSI must implement data protection measures to restore customer trust through confidentiality agreements. BSI also standardizes all banking systems used. Customers affected by data breaches can file complaints with BSI and the Financial Services Authority (OJK) as the supervisory body, and the bank must protect customers as stipulated by the regulations
Perlindungan Diskriminasi terhadap Disabilitas dalam Lingkup Pendidikan
Get PDFProtection against disability discrimination in education is essential to ensure that all individuals, without exception, have a fair chance to learn and develop. Inclusive regulations and policies as well as data related to the challenges faced by people with disabilities can be the basis for improving the quality of inclusive education in Indonesia and the world. Based on this problem, further discussion is needed regarding how the government's efforts to provide legal protection to overcome acts of discrimination against people with disabilities and how the government can provide fair treatment for people with disabilities to obtain the right to a decent education. The approach methods used are the Statute Approach, the Historical Approach, and the Conceptual Approach. The results of the study show that the government actually still pays less attention to matters related to protection against discrimination against people with disabilities in the scope of education
Eksistensi Badan Pengawas Pemilihan Umum dalam Pencegahan Praktik Politik Uang pada Pilkada 2020 di Kabupaten Klaten
Get PDFThis study aims to determine the roles, find out obstacles, and explicate the efforts of the Election Supervisory Agency (Bawaslu) in preventing the practice of money politics during the 2020 Regional Elections in the Klaten Regency. This research is empirical legal research with direct field research. Its primary data source is data from interviews with the Bawaslu of Klaten Regency. The results of this study indicate that Bawaslu as a state institution has a duty to carry out supervision, including preventing violations in Regional Elections. The role of the Klaten Regency Bawaslu in preventing violations of money politics practices include providing socialization to all elements of society and forming an Anti-Money Politics Village and a Monitoring Village. In its supervision, the Klaten Regency Bawaslu experienced obstacles such as a lack of human resources, limited budget, and low community participation in supervision. The community itself is still afraid to report if they find violations. Therefore, to overcome these obstacles, Klaten Regency Bawaslu utilize social media to facilitate the socialization to the public, invite the public, candidates, and campaign teams to reject all kinds of money politics practices, and form Anti-Money Politics Villages and Monitoring Villages
Implementasi Hukum Progresif oleh Polri dengan Pendekatan Restorative Justice untuk Mewujudkan Keadilan
Get PDFInjustice arises as a result of previous judicial regulations. The Indonesia National Police's efforts to reduce this problem are guided by progressive law with a restorative justice approach to achieve justice. Restorative justice is a method of handling criminal behavior carried out jointly by perpetrators, victims, perpetrators' families, community leaders, religious leaders, traditional leaders, or other stakeholders, which focuses on restoring the original situation and achieving a just resolution through peace. It is hoped that the National Police can achieve substantive justice through proportional, professional and intellectual law enforcement that combines scientific and progressive investigative models. This research aims to analyze the Indonesian legal paradigm in terms of the concept of progressive law, the implementation of progressive law by the National Police through restorative justice and the crime resolution mechanism through restorative justice. Deductive writing is used to obtain a thorough and in-depth understanding of the problems discussed, with the type of research being normative juridical which is analytical descriptive
Penegakkan Hukum Bagi Pelanggar Lalu Lintas dengan Sistem Electronic Traffic Law Enforcement (ETLE)
Get PDFThe ETLE system is an attempt by law enforcement to use information technology to record infractions of the traffic laws and provide electronic support to maintain traffic safety and order. The goal of ETLE's introduction is to end unlawful collecting during the ticketing procedure by careless police personnel. The formulation of the research problem is how the ETLE mechanism handles traffic infractions, if it can successfully lower the amount of traffic infractions, what are the barriers to system implementation, and how the general public feels about system implementation. This research aims to analyze the ETLE mechanism in resolving traffic violations, whether the existence of an ETLE system can reduce the level of traffic violations, obstacles to implementing ETLE, and the public's views on implementing the ETLE system. The research method that will be used is empirical juridical. The data used was obtained through direct interviews between the author and respondents, documentation, and focused observations on case studies related to law enforcement for traffic violators using the ETLE system. The results of the research show that the ETLE mechanism in resolving traffic violations makes things easier for the police and the public who are ticketed, besides that the ETLE system can effectively reduce the level of traffic violations in the city of Semarang. The obstacle to implementation is the discovery of violations where the vehicle is not registered or does not have clear ownership identity. Based on direct research in the field, ETLE is seen by the public as very effective with a percentage of 80% and 20% less effective
Konsolidasi Tanah terhadap Relokasi Korban Pasca Erupsi Gunung Semeru 2021 dalam Kerangka Kepastian Hukum Hak Atas Tanah
Get PDFAs the year 2021 came to a close, Mount Semeru, which is situated in the Malang and Lumajang districts, erupted, bringing with it hot clouds and lava avalanches that destroyed nearby homes and property, erasing the lines separating the land owned by the locals. Normative-empirical legal research was the research methodology utilised to complete this thesis. The socio-legal approach, the statute approach, and the conceptual approach are the three methods used in this study. All three methods use empirical data from observations and interviews with people to do research. The implementation of land consolidation for relocation following the Semeru eruption, legal certainty regarding land ownership rights for the residential relocation of Mount Semeru eruption victims in 2021, and the idea of land consolidation for the relocation of Semeru eruption victims are the main areas of concern in this research. The concept of land consolidation is in accordance with the regulations of the Minister of Agrarian Affairs and Spatial Planning/head of the national land agency of the Republic of Indonesia number 12 of 2019 regarding land consolidation. As a consequence of land consolidation, the findings of this study will guarantee that the land rights of those affected by the Mount Semeru eruption are legally guaranteed
Putusan Mahkamah Konstitusi Nomor 85/PUU-XX/2022: Badan Peradilan Khusus Perkara Perselisihan Hasil Pemilihan Gubernur, Bupati dan Walikota
Get PDFThe purpose of this research is to determine and analyze the balance of Constitutional Court Judges in Decision Number 85/PUU-XX/2022 and the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results. The research issues include: 1) What are the considerations of Constitutional Court Judges in Decision Number 85/PUU-XX/2022? 2) What are the legal implications of Decision Number 85/PUU-XX/2022 on special courts for resolving disputes over election results? The research method used in this thesis is normative juridical, meaning the research starts from legal issues by analyzing legal problems through legislation, literature, and other reference materials. This thesis employs several approaches, including legal approach, conceptual approach, and case approach. The results of the discussion in this study indicate that: 1) Legal considerations underlying the Constitutional Court Decision include the absence of a special court designated by the President/Government and the DPR to handle disputes over the results of regional head elections, fundamental changes to Article 157 in three amendments to the Regional Head Election Law; the history of the development of authority in resolving disputes over election results in the Constitutional Court; and the elimination of differences in the election regime for both general elections and regional head elections. 2) The implication of constitutional Court Decision number 85/PUU-XX/2022 are, firstly, it removes the role of special judicial bodies in handling disputes over regional elections results” Secondly, there is inconsistency in the Constitutional Court’s decisions, as it previously mandated that settling regional election disputes (PHPUD) is not within the authority of the Constitutional Court. Thirdly, there is a pilin gup of election-related cases in the Constituional Court
Analisis Yuridis Putusan No.87/Pdt.G/2020 PN.Bdg Tentang Perceraian yang disebabkan Salah Satu Pihak Pindah Agama di Pengadilan Negeri Bandung
Get PDFMarriage cannot be separated from the religious aspect, especially when Law No.1 of 1974 concerning Marriage emphasizes the importance of the religious aspect in the conditions for the validity of a marriage as regulated in Article 2 paragraph (1) "Marriage is valid, if it is carried out according to the laws of each religion and his beliefs", confirmed by MUI fatwa Number 4/MUNAS/VII/- MUI/8/2005 that Muslim women are prohibited from marrying non-Muslim men or Muslim men are prohibited from marrying women from people of the Book, in the Bandung District Court Decision. Number: 87/Pdt.G/2020/PN.Bdg, there was a divorce case that was caused by one of the parties changing religion. The formulation of the problem discussed in this thesis is: 1. Judge's Considerations in Deciding Divorce Case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court and the legal consequences of divorce caused by one of the spouses Changing Religion in Bandung District Court. The research method used is a normative juridical method, namely research based on the study of documents which can be in the form of books or other literature, especially in this research, namely the Bandung District Court Decision Number: 87/Pdt.G/2020/PN.Bdg. From the results of the research, the judge's considerations regarding divorce in case No.87/Pdt.G/2020 PN.Bdg which was caused by one of the spouses changing religion at the Bandung District Court, is in the case where the plaintiff has converted to Islam and insists on filing for divorce on the grounds of his new religion. not allowed. In accordance with the Fatwa of the Indonesian Ulema Council Number 4/MUNAS VII/MUI/8/2005 concerning interfaith marriages, it is stipulated that interfaith marriages are haram and invalid. In addition, disputes, quarrels and quarrels often occur continuously due to differences of opinion and belief, which result in the division of joint assets, maintenance and maintenance for the survival of their children, regarding child custody (hadhanah) and the settlement of marital assets. resolved separately from the divorce suit he filed