Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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    525 research outputs found

    Penegakan Hukum Cyber Crime Terhadap Tindak Pidana Pencurian Uang Nasabah Dengan Cara Pembajakan Akun Internet Banking Lewat Media Sosial

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    Crime in the field of cyberspace or commonly known as cyber crime basically refers to computer devices and technological devices that use a system connected to the internet as an element of its use. Progress in the field of information technology, which is the origin of the emergence of cyber crime, will legally bring both positive and negative impacts to the law itself. On the other hand, criminals, especially hackers who deliberately commit acts illegally to take someone's personal data, especially like Internet Banking users who are connected to the whatsapp number belonging to their bank account, of course many criminals have used this opportunity to break into the account. Someone's Internet Banking lately often happens because the operator asks for an OTP (One-Time-Passwrord) code. Related to the research made by this writer with the use of the type of research that is normative juridical here is related to research aimed at the rules of norms contained in a rule of law, while the conceptual approach used is an approach of legislation and a conceptual approach through disclosing several principles Laws relating to Law Enforcement of Cyber Crime Against Crime of Theft of Customer Money By Hijacking Internet Banking Accounts Through Social Media, discussions are conducted in a deductive manner to obtain qualitative conclusions. Related to the crime of cyber crime against the crime of theft of customer money by hijacking internet banking accounts via social media is a very urgent issue to be followed up, because in today's modern era, all human activities cannot be separated and kept away from the Internet and its users. Internet Banking account, where everything is currently being demanded to be modern due to the rapid development of technology and information at this time and is also something that must be resolved immediately. The Indonesian government in this case is part of the Ministry of Information and Communication which works with all stakeholders and strives to realize this hope

    Penerapan Penjatuhan Hukuman Kebiri Kimia Serta Tata Cara Eksekusinya pada Pelaku Kejahatan Pelecehan Seksual terhadap Anak

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    Nowadays, there are more and more crimes of child sexual abuse in Indonesia. Children should be protected by the government in order to become the nation's next generation. In 2019, the Mojokerto District Court sentenced the defendant Aris (20) who was convicted of a crime of sexual abuse against a child and this verdict was the first verdict in Indonesia to impose chemical castration on perpetrators of crimes of sexual abuse against children. This writing uses the juridical-normative method which looks at empirical data as a reference for writing this journal. For some parties, chemical castration punishment is considered effective in punishing perpetrators of crimes of child sexual abuse so that it becomes a frightening thing for other perpetrators of sexual abuse crimes. This is included in the category of the theory of the purpose of punishment in order to create order and order in society. Perppu Number 1 of 2016 is the legal basis for the application of chemical castration punishment. However, there are many pros and cons to castration. One of the things that has created contra is contrary to the ratification of human rights. Considering that Indonesia is a state based on the rule of law, which is obliged to protect human rights guarantees as stated in Article 28 I of the 1945 Constitution of the Republic of Indonesia

    Penerapan Asas Mempersulit Proses Perceraian Pada Persidangan di Pengadilan Agama Bengkulu

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    Marriage is a physical and mental bond between a man and a woman as husband and wife with the aim of forming a happy and eternal family (household) based on the One Godhead. But in reality, there are still many households that end up in divorce. To prevent divorce in the household, positive marriage law in Indonesia adheres to the principle of complicating divorce, the application of which is manifested in the necessity for reasons as regulated in law and divorce can only be made with a decision to file will be implemented at the time of the divorce process in court Religion. This research aims to understand the application of the principle of complicating divorce in the Bengkulu Class 1A Religious Court, with the following problems: What are the factors causing the divorce in the Bengkulu Class 1A Religious Court and, how does the implementation of the principle complicate the divorce process in the divorce trial at the Bengkulu Religious Court. For the purposes of this study, empirical research methods are used, which directly search for data in the field. In analyzing the field data, sociological analysis and normative analysis were used to obtain comprehensive analysis results. Based on the results of field research, it was concluded that divorce in Bengkulu was generally based on economic reasons, and consecutively due to domestic violence, and reasons for having an affair. Of the reasons put forward by the parties who filed for or sue for divorce, most of them are due to economic reasons

    Perjalanan Omnibus Law dalam Sistem Hukum di Indonesia (Studi Tentang Penolaka Masyarakat Probolinggo Dalam Perspektif Sosiologi Hukum)

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    The Omnibus Law Work Creation Bill was passed by the Indonesian Parliament as a new regulation that has the power to overshadow other statutory regulations. Through this law, the government is considered to be siding with entrepreneurs or investors a lot. It is indicated that the articles in this law make people, especially workers, oppressed. Rejection actions appeared in almost all regions in Indonesia, including in Probolinggo Regency. The demonstration took place on October 8, 2020 at the Probolinggo Regency DPRD building. The mass of the action was dominated by students from the Youth Social Organization (OKP), namely HMI, PMII, GMNI, and IMM. This study is to determine the conflicts that occur in demonstrations against the Job Creation Bill and the responses of employers in responding to government policies. This study uses qualitative methods with data collection techniques for literature studies through secondary data from various sources such as articles and journals. The results of this study are, first, the students who demonstrated their 4 demands on government policies because they are detrimental to society. Second, the actions that took place chaotic, led to conflicts in society resulting in social change with deviant behavior. Third, the response of entrepreneurs to government policies, namely the government urged to focus on alleviating poverty and unemployment

    Tanggung Jawab Hukum Perjanjian Asuransi Jiwa Unit Link di PT. Prudential Life Assurance Jakarta

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    This study aims to determine and understand how the legal liability of the Prudential Life Assurance Company in carrying out and marketing unit-linked life insurance products, namely insurance products that are linked to investment according to the prevailing laws and regulations. In addition, this study also aims to determine how the responsibility of agent who act for and on behalf of the company in entering into unit-linked insurance product agreements and what risks must be borne by the insurer and the insured against the unit-linked life insurance agreement. This research uses normative legal research with a statutory approach and a conceptual approach. The result of this research is that the unit linked insurance agreement is included in the agreement in general which contains the principle of consensualism, namely the existence of a voluntary agreement in this case to enter into an insurance contract agreement between the insurer and the insured. Prudential Indonesia in marketing unit-linked life insurance products has also complied with the provisions in the Financial Services Authority Circular Letter Number /SEOJK.05/2019 concerning Insurance Products Related to Investment

    Perlindungan Konsumen Pengguna Investasi Ilegal Vtube Berdasarkan Undang-Undang Nomor 21 Tahun 2011 tentang Otoritas Jasa Keuangan

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    The development of investment is currently growing rapidly due to technological advances, this progress has made it easier to invest with investment applications. This facility is misused by certain individuals who cause harm to the community due to illegal investment. In 2020, Indonesia was shocked by the corona virus that has spread throughout the world. This causes economic growth to decline. PT. Future View Tech launched an application called Vtube which is used by the public as an easy money-making tool. Vtube is an investment application declared as an illegal investment by the OJK. This study aims to determine the reasons behind the Vtube application called illegal investment and to determine the role of the OJK in providing legal protection to Vtube application users. The method used in this research is normative juridical. The result of this research is that Vtube is an illegal investment application because it carries out a business activity outside of its Industrial Business License (IUI), OJK's role in providing protection against illegal investment is regulated in Article 28 to Article 30 of the OJK Law and OJK provides preventive action. and repressive

    Pertimbangan Hakim Atas Penghadiran Bukti Digital Forensik dalam Perkara Kejahatan Fraud

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    The problems in this research are regulate digital forensic law in proving crime in Indonesia, judges consider the presence of digital forensic evidence in fraud crime. This research uses normative juridical approach, by examining and interpreting matters relating theoretical principles, conceptions, doctrines and legal norms relating to the presence of forensic digital evidence. The result showed that digital Forensic Arrangements in analyzing digital evidence in terms of proving criminal acts are not specifically regulated in the Criminal Procedure Code (KUHAP) because exceptions to electronic / digital evidence are regulated in the Information and Electronic Transaction (ITE) Act so that can be a legal basis for digital forensics. Law No. 11 of 2008 on Information and Electronic Transactions on Article 5 has been clearly stated that electronic information is a valid legal evidence in the form of electronic information and / or electronic documents and / or printout. The rise of data fraud requires a legal arrangement that is expected to be able to prevent and reduce these crimes. For this reason, it is important to elaborate legal arrangements for both implementation and criminal sanctions related to data fraud in Indonesia

    Kebijakan Formulasi Sanksi Pidana Kerja Sosial terhadap Orang Membuang Sampah Dari Kendaraan di Kota Jambi

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    Garbage is a problem in people's lives, especially in the people of Jambi city, so it is necessary to deal with waste related to the waste itself. For this reason, there should be a re-arrangement related to sanctions for people who dispose of waste from vehicles. When viewed from the problem, the research method is normative legal research with a statutory approach and a conceptual approach. The research materials are primary, secondary and tertiary legal materials with data collection techniques using documentary studies and qualitative analysis techniques. The regulation of fines for people throwing garbage from vehicles is regulated in Article 46 paragraph (3) letter c Jambi City Regional Regulation Number 5 of 2020 concerning Waste Management. Then the implication of social work criminal sanctions for people throwing garbage from vehicles, namely providing a deterrent effect as well as giving lessons to perpetrators and the policy of formulating social work criminal sanctions for the future is that social work criminal sanctions should be applied in Jambi City Regional Regulation Number 5 of 2020 concerning Management Garbage because it is an effort to overcome so that in the future there will be no more people in the city of Jambi who throw garbage from their vehicles

    Tinjauan Yuridis Tentang Peralihan Hak Atas Tanah yang Akan Digunakan Untuk Jalan Tol Trans Sumatera (Studi Pada BPN Lampung Selatan)

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    Soil is an important element in life especially for humans. In the transfer of land rights, the government issued regulations, namely: Government Regulation Number 10 of 1961 concerning land registration amended by regulation number 24 of 1997 concerning land registration contained in article 37 paragraph 1 which reads "transfer of rights to land in unit property rights through sale and purchase. , exchanges, grants, income in the company and other acts of transfer of rights, except the transfer of auction rights which are only registered if it is proven that there are deeds that have been made by PPAT ”. There are two forms of transfer of land rights, namely: transfer and diahlikan. and the Presidential Regulation was then revised by the seventh President of Indonesia, Mr. Joko Widodo with the issuance of Presidential Regulation Number 117 of 2015 concerning Amendments to Presidential Regulation Number 100 of 2014 concerning the Acceleration of Toll Road Development in Sumatra which will soon be added to a total of 24 Sumatra toll road developments.  In writing this journal, the author discusses a problem, namely: How is the implementation of the transfer of land rights to be used for road telling

    Perlindungan Hukum terhadap Pangan Lokal dalam Menjalin Kemitraan dengan Toko Modern Kota Palembang

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    As a tropical country, Indonesia is rich in biological resources that have the potential to develop a variety of unique and distinctive foods, so that through this food diversity condition, it certainly has the potential for national food security. Food security is a condition for fulfilling household food needs, not only in large enough quantities but must be safe, high quality, nutritious, and diverse, this is stated in the Food Law Number 7 of 1996. The purpose of this study is to determine product protection local food in partnership with modern shops in Palembang City. This type of research is a descriptive analysis with an empirical juridical approach. The main data source of this research is literature study, namely by observing, studying, reading legal materials and decisions and documents related to this research. The results of the study suggest that the Regional Regulation of Palembang City Number 25 of 20011 concerning the Establishment of Shopping Centers and Modern Markets which in this regional regulation obliges every entrepreneur who wants to establish a shopping center and modern market in the city of Palembang must provide space for local products including local food. areas to be sold in shopping centers and modern markets in the city of Palembang with the principle of mutual benefit, clearness, fairness and transparency, provided that they meet the standards set

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    Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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