Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pertanggungjawaban Pidana Pelaku Kekerasan Seksual Berbasis Elektronik Artificial Intelegence (Deep Fake Porn)
Full text linkThe problem of deep fake porn in Indonesia is not a new problem considering that many cases have occurred in the wider community and technological developments cannot be stopped. Easy access in implementing deep fakes means that anyone can create or edit any type of video or photo using the face of someone they want, of course this is done without the consent of the owner of the face so that the perpetrators are obliged to be responsible for their actions. The research applies juridical methods- Normative uses statutory, case and conceptual approaches with descriptive methods to describe legal problems that occur. The aim of this research is to determine criminal liability carried out by perpetrators of sexual violence electronically using Artificial Intelligence (AI) technology. The research results show that specific legal regulations regarding Artificial Intelligence (AI) technology do not yet exist in Indonesia, but there are laws and regulations that can be used to enforce the law. The Pornography Law and the ITE Law have elements that are more comprehensive and clear than other laws and are expected to provide fair punishment for perpetrators. The existence of criminal liability can ensure that only individuals who are responsible for their actions are punished. People who cannot be held responsible for criminal acts of pornography, namely disabled people, those who are not yet adults, carry out office orders and statutory provisions
Kedudukan Perjanjian Perkawinan Yang Dibuat Setelah Perkawinan Sebelum Putusan Nomor 69/PUU-XIII/2015 Berlaku (Studi Kasus Putusan Nomor 15/ Pdt.G/2019/PN Purwokerto)
Full text linkMarriage Agreement is a contract between a husband and wife concerning property or other matters; however, an agreement made after marriage, known as a postnuptial agreement, becomes a dispute if made before the Constitutional Court Decision No. 69/2015 came into effect. This study aims to examine and analyze the legal consequences of marriage agreements made during the marriage and legalized by a Notary. The research method employed is normative, with an approach based on legislative regulations. The findings indicate that Decision No. 15/Pdt.G/2019/PN Purwokerto considers marriage agreements made during the marriage and legalized by a Notary to be valid. However, further analysis reveals that this contradicts Article 29 paragraph (1) of Law No. 1 of 1974 on Marriage prior to the enactment of Constitutional Court Decision No. 69/2015
Penyelesaian Ganti Rugi Tanah Milik dan Tanam Tumbuh Pengadaan Tanah Lahan Pengembangan Cagar Budaya Nasional Kabupaten Muaro Jambi
Full text linkProcurement of land for public purposes is the implementation of the social function of land rights. Therefore, every person who has rights to land is required to relinquish his rights to land for the sake of the public interest, including the interests of the nation and state as well as the common interests of the people. For the procurement of land for public purposes, each person is entitled to compensation from the state as occurred in the procurement of land for development of the National Cultural Heritage of Muaro Jambi Regency. Every person whose land, whether in the form of property rights or planting rights, grows into and/or is affected by the object of procurement must be given compensation. However, in reality, the process of land acquisition for public purposes is not free from many obstacles because it is related to the interests of many people. The study in this scientific work relates to forms of compensation for the community, obstacles in the compensation process and the efforts made by the government to overcome the obstacles present in the compensation process for freehold land and growing planting land for land acquisition for cultural heritage development in Muaro Jambi. The research approach was carried out socio-legally with primary data and secondary data
Pelaksanaan Perjanjian Perseroan Terbatas Pertamina dengan Pengusaha Stasiun Pengisian Bahan Bakar Umum No.24.361.83 dalam Penyediaan Bahan Bakar Minyak
Full text linkArticle 33 paragraph (3) of the 1945 Constitution states that the earth, water, and natural resources contained therein are controlled by the state and used as much as possible for the prosperity of the people. Oil and natural gas are strategic and non-renewable natural resources. As natural resources contained in the Indonesian mining jurisdiction, the implementation of oil and natural gas business activities in Indonesia is fully carried out by the state. To realize the objectives of developing the oil and natural gas business, the government delegates authority to PT. Pertamina (Persero) as a State-Owned Enterprise (BUMN) to carry out activities that include the management of oil and natural gas mining, as well as its distribution to all corners of the country. The agreement between PT. Pertamina and the entrepreneur of SPBU No. 24.361.83 Broni regarding the management and distribution of fuel oil is made in writing and stated in a deed in the form of a Letter of Agreement for the Appointment and Management of Public Fuel Filling Stations (SPPPS) regarding the distribution of fuel oil. In reality, several things have emerged that have become problems experienced by SPBU No. 24.361.83 Broni, namely the problem in the distribution of fuel oil that is late for distribution. Another problem that arises is the loss due to the difference in the volume of fuel oil measurements so that the amount of fuel oil distributed by the Pertamina Depot to SPBU No. 24.361.83 Broni is different from the amount previously ordered and paid by the SPBU. The purpose of this study is to determine and analyze the implementation of the agreement, Pertamina Limited Liability Company (Persero) with the public fuel filling station No. 24.361.83 Broni Jambi in the provision of fuel oil, the obstacles faced and efforts to overcome the obstacles. The research method used in this study is the empirical juridical research type. The approach used in this study is socio-legal research. The results of the study indicate that the implementation of the cooperation agreement between the public fuel filling station (SPBU) No. 24.361.83 in Broni with PT. Pertamina has not been implemented properly. The obstacles faced during the agreement period between PT Pertamina (Persero) and SPBU No. 24.361.83 Broni, namely the delay in filling fuel oil at the Pertamina depot, the lack of oil received as ordered 5000 liters but only 3980 liters received
Kedudukan Nikah Urfi dalam Sistem Hukum Keluarga Islam: Studi Komparatif Antara Legitimasi Hukum di Indonesia dan Mesir
Full text linkUrfi marriage, which is a form of marriage without official registration, is an important theme in the study of Islamic family law in Indonesia and Egypt. This study aims to analyze the position of urfi marriage in the context of positive law and sharia, and its implications for the rights of women and children. In Indonesia, urfi marriage is not legally recognized because it does not meet the registration requirements stipulated in the Marriage Law and the Compilation of Islamic Law. In contrast, Egypt recognizes urfi marriage as valid according to religion, but still emphasizes the importance of registration for legal protection. This study uses a qualitative approach and comparative study methods, by analyzing legal documents, fiqh literature, and the views of scholars. The results show that although urfi marriage is recognized in sharia, this practice poses serious challenges in protecting individual rights. This study recommends the need for policy reform to bridge the gap between sharia law and the practical needs of society, in order to ensure justice and protection for all parties involved
Dampak Regulasi Penanaman Modal Asing dalam Sektor Logistik terhadap Daya Saing Nasional
Full text linkForeign investment (FDI) is one of various ways to encourage economic growth and country development. The logistics sector as one of the supporting sectors in development plans plays an important role in supporting the efficient distribution of goods and services throughout the archipelago. Business activities, including those containing foreign capital, require conducive legal regulations to create legal certainty, which is an important indicator of political and economic stability. This research aims to examine the impact of foreign investment regulations in the logistics sector on national competitiveness in order to provide legal certainty to all business actors, both domestic and foreign, and prosperity for all Indonesian people using normative juridical research methods or using existing laws and regulations. At the moment. The results of the research show that the government has created foreign investment regulations related to the logistics sector in quite detail, but in its implementation it must refer to various relevant laws and regulations and there is no difference in treatment between logistics business activities from domestic and foreign investors
Pengalihan Saham atas Harta Bersama Tanpa Persetujuan Pasangan Kawin dalam Perseroan Terbatas
Full text linkMarriage has legal consequences regarding the presence of joint property. Shares, as part of the joint property, can be transferred to another party. However, the transfer of shares without the consent of one of the spouses, whether husband or wife, has the potential to cause legal issues. In the analysis, the Author uses the doctrinal research method, resulting in a descriptive-analytical writing style. The results of the research indicate that if one party, whether the husband or the wife, transfers shares in a Limited Liability Company that are part of the joint property without the consent of the other party, then the transfer is considered invalid and null and void by law because it is carried out by a party who does not have the authority. The notary has the right to refuse to create an authentic deed related to the transfer because such action violates the applicable legal provisions. If the creation of an authentic deed violates the applicable laws and regulations, the deed may be annulled, and the Notary may face sanctions for ethical violations, administrative sanctions, and civil penalties
Survival Strategi Pemerintah Daerah dalam Mengatasi Krisis Bahan Pangan di Kota Metro
Full text linkThe food crisis remains a significant issue up to the present time. Even though the Government has make an effort to overcoming it through numerous strategies and policies, challenges serving as land conversion, climate change and a decrease of food production remains the primary factors that cause the crisis. This research intended to provide a comprehensive overview of the strategies and regulations executed by the government in handling the food crisis in Metro City throughout 2024. The primary focus of this research is to analyze food security strategies evolved by the Government moreover appraise their effectiveness in optimally responding to the challenges of the crisis. Using a qualitative approach, this research examines various government policies and programs through data obtained from interviews and document analysis. The findings emphasize the significance of well-designed strategies aimed at enhancing local food resilience. The research particularly focuses on the 4K Program (Price Affordability, Supply Availability, Distribution Flow, and Effective Communication), which has proven effective in increasing food availability in Metro City. Nonetheless, challenges remain in terms of price affordability, which warrants further attention. In conclusion, while the 4K Program demonstrates considerable potential in addressing the food crisis in Metro, ongoing evaluation and periodic improvements are essential to ensure the program's long-term sustainability and effectiveness
Pembagian Harta Bersama dalam Perkawinan Poligami Berdasarkan Kompilasi Hukum Islam
Full text linkMarriage according to Law Number. 1 of 1974 and the Compilation of Islamic Law (KHI) is based on the principle of monogamy, which allows the practice of polygamy under certain conditions. In polygamous marriages, the division of shared property is regulated by Islamic law and legislation to ensure justice and protect the rights of the parties involved. However, the division of joint property often causes problems due to the lack of clarity in the mechanisms for calculation and proof of ownership. This research aims to analyze the mechanism of joint property division in polygamous marriages based on the KHI, with a primary focus on Decision Number 555/K/AG/2012. The approach used is normative juridical with a qualitative analysis method, referring to the analysis of legislation, namely Law Number 1 of 1974 on Marriage and the KHI. The analysis results show that the division of joint property in polygamous marriages is determined based on the time of acquisition, where property obtained during the marriage with the first wife becomes the joint right of the husband and the first wife. Meanwhile, property acquired in subsequent marriages involves the next wives in its ownership. The case study of Decision Number 555/K/AG/2012 emphasizes the importance of proving the period of asset acquisition to ensure fairness in the distribution
Penanggulangan Prostitusi Online Menggunakan Teori Kontrol Sosial
Full text linkThe development of information and communication technology has brought significant changes in various aspects of human life, including in the social and sexual fields. One of the phenomena that has emerged due to technological advances is online prostitution, known as “Open Booking Order” (Open BO). This research aims to examine the Open BO phenomenon in the context of Indonesian criminal law, focusing on its impact on youth morality and public safety. This research uses normative legal research methods, with a statutory approach. The results show that tackling online prostitution must be done comprehensively, involving the government, security forces, and the active participation of the community to ensure the creation of a more just, safe, and dignified environment. Especially among adolescents, countermeasures require an approach that prioritizes attachment to family and the environment, affection, positive use of leisure time, and increasing faith and piety. Attachment to family and the environment such as peers and school can create a sense of security and emotional support that reduces the risk of deviant behavior. Support from family and community strengthens attachment, while involvement in positive activities helps adolescents fill their free time with useful activities. In addition, increasing faith and piety through religious guidance strengthens moral and spiritual values, guiding adolescents to avoid actions that go against religious teachings