Jurnal Online Universitas Pekalongan
Not a member yet
3388 research outputs found
Sort by
Legal Study of The Cancellation of Registration of Creations Constituting Investment in A Limited Liability Company Based on The Copyright Law and The Limited Liability Company Law
Get PDFCapital invested in a company can be in the form of money or other forms, as regulated in Article 34 paragraph (1) of the Limited Liability Company Law No. 40 of 2007. Other forms (inbreng) include tangible and intangible assets that can be valued in money. Song Copyright is Intellectual Property and an intangible asset. This article describes the potential cancellation of copyright inbreng by a third party. The main issues are the status of shareholders whose copyright inbreng is revoked by the Directorate General of Intellectual Property (DJKI) and legal protection for the company as the recipient of the revoked copyright inbreng, reviewed under the Copyright Law and the Limited Liability Company Law. The research method used is a normative juridical approach, referring to Indonesian laws and regulations and societal norms. The research results are presented descriptively-analytically and analyzed qualitatively to provide a detailed and systematic overview. The conclusion shows that the inbreng agreement is null and void because the song copyright was proven unoriginal and copied from Jimmy Carter\u27s work, the original singer of "Secarik Kertas Pelangi," as evidenced by the originality requirements. With the cancellation of copyright registration, the inbreng becomes void. According to Article 1341 paragraph (2) of the Civil Code, the company as a third party must be respected for acting in good faith in accepting the song copyright inbreng. Therefore, legal protection allows the company to maintain its rights to the asset
Reformulation of the Mechanism for Imposing Criminal Sentences for Narcotics Crimes in Indonesia
Get PDFEquality before the law, in its implementation, does not only refer to the actions of the state toward its citizens, but also to actions that aim to ensure legal certainty based on justice. Equality in legal protection and law enforcement for victims of narcotics crimes has not yet been reflected in any tangible form of implementation. Fair sentencing in narcotics-related crimes has become more of a slogan for the public rather than a reality for individuals who are subjected to the death penalty for narcotics abuse. Through normative legal research, it was found that the presence of Ad Hoc judges as assessors and final decision-makers on the recommendations of the integrated assessment team for rehabilitation reflects justice based on the principle of equality before the law in handling victims of narcotics crime
The Role of State Administrative Law in Preventing Criminal Acts of Corruption By State Officials
Get PDFCorruption in Indonesia is a serious problem, considered an extraordinary crime because of its widespread impact, detrimental to state finances, and damaging the nation\u27s morals and integrity. This research aims to evaluate the role of state administrative law in preventing criminal acts of corruption by state officials, identify factors that influence its effectiveness, and formulate strategies for eradicating corruption from the perspective of state administrative law. The research method used is normative juridical analysis with statutory, conceptual and comparative approaches. Research findings confirm that state administrative law plays a crucial role in preventing corruption through the formulation of clear regulations, effective supervision, and implementation of administrative sanctions. However, its effectiveness is often hampered by weak law enforcement, lack of transparency, and political interference. Factors such as accountability, transparency and bureaucratic integrity have a significant influence on the success of administrative law in fighting corruption. The recommended strategy for eradicating corruption includes strengthening supervisory institutions, increasing the level of openness, community participation, and using information technology to increase efficiency and transparency in government administration.
 
The Binding Authority of DSN-MUI Fatwas in the National Legal System: An Analysis from the Perspective of Islamic Law and Legislative Theory
Get PDFThe National Sharia Council of the Indonesian Ulema Council (DSN-MUI) plays a central role in shaping the principles of Islamic economic law in Indonesia through its fatwas. These fatwas serve as primary references in the practices of Islamic financial institutions. However, the legal status of DSN-MUI fatwas within national legislation remains a subject of debate, particularly regarding their binding authority. This article aims to analyze the position of DSN-MUI fatwas from the perspective of Islamic law and legislative theory within the national legal system. This study employs a qualitative method with a normative and literature-based approach, examining various legal regulations and legal theories. The findings indicate that in Islamic law, fatwas are not absolutely binding unless institutionalized by an official authority. In the national context, DSN-MUI fatwas attain functional binding power as they are used as references in regulatory frameworks by Bank Indonesia, the Financial Services Authority (OJK), and Islamic financial institutions. Although these fatwas do not possess formal legal authority within the hierarchy of national legislation, they have become part of the living law that is internalized in national economic legal practices. Therefore, normative reinforcement is needed through explicit recognition in sectoral regulations to prevent legal vacuums. This study recommends the codification of DSN-MUI fatwas into derivative regulations to enhance their juridical legitimacy in supporting a just and legally certain Islamic economic legal system
Legal Protection of Children After Divorce: A Comparative Study of Islamic Law and the Child Protection Act
Get PDFThis article examines the legal protection of children after divorce through a comparative approach between Islamic law and the Indonesian Child Protection Act. Divorce often has negative consequences for children—psychologically, socially, and economically. Therefore, a legal framework is needed that can guarantee the comprehensive fulfillment of children’s rights, even after the termination of parental marital relations. From the perspective of Islamic law, the principle of child protection is rooted in the objectives of sharia (maqāṣid al-sharī‘ah), particularly in preserving life (ḥifẓ al-nafs), lineage (ḥifẓ al-nasl), and intellect (ḥifẓ al-‘aql). The concepts of ḥaḍānah (custody), the obligation of financial support, and the continuity of emotional roles of parents indicate that Islam places the welfare of the child as a top priority. Meanwhile, Law No. 35 of 2014 guarantees the rights of children after divorce through the principle of the best interest of the child, although its implementation still faces challenges such as weak legal enforcement and lack of supervision in the fulfillment of custody and child support. This article employs a normative-comparative research method and a maqāṣid-based analysis. The findings show the urgency of harmonizing the regulations between the two legal systems to realize a child protection framework that is just, comprehensive, and contextually relevant. The integration of maqāṣid principles into national policy is key to strengthening the child protection system in Indonesia
Legal Protection of Customers from Data Theft Through Skimming
Get PDFTheft of bank customer money through ATM card duplication (skimming) is one of the banking crimes. This paper is the result of research focusing on the study of legal protection for bank customers due to skimming crimes. This research was conducted with a normative legal approach using a data collection method through a literature study conducted on secondary data. Furthermore, the data analysis method uses analytical descriptive analysis. Meanwhile, the urgency of this research is expected to be a source of reference for banking institutions to make legal protection efforts as well as for law enforcement officers in making efforts to overcome skimming crimes as a concrete form of legal protection for bank customers who are harmed by skimming crimes. Based on the analysis, it was identified that the crime of breaking into customer money using the skimming method is one of the high-tech (cybercrime) crimes in the banking sector. The act is included in the criminal act of information and electronic transactions which prohibits any person intentionally and without rights or against the law from accessing computers and/or electronic systems in any way with the aim of obtaining electronic information and/or electronic documents as regulated in Article 30 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). Protection for customers who are victims of skimming crimes can be carried out in the context of criminal law enforcement and civil law enforcement.Theft of bank customer money through ATM card duplication (skimming) is one of the banking crimes. This paper is the result of research focusing on the study of legal protection for bank customers due to skimming crimes. This research was conducted with a normative legal approach using a data collection method through a literature study conducted on secondary data. Furthermore, the data analysis method uses analytical descriptive analysis. Meanwhile, the urgency of this research is expected to be a source of reference for banking institutions to make legal protection efforts as well as for law enforcement officers in making efforts to overcome skimming crimes as a concrete form of legal protection for bank customers who are harmed by skimming crimes. Based on the analysis, it was identified that the crime of breaking into customer money using the skimming method is one of the high-tech (cybercrime) crimes in the banking sector. The act is included in the criminal act of information and electronic transactions which prohibits any person intentionally and without rights or against the law from accessing computers and/or electronic systems in any way with the aim of obtaining electronic information and/or electronic documents as regulated in Article 30 paragraph (2) of Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions (ITE Law). Protection for customers who are victims of skimming crimes can be carried out in the context of criminal law enforcement and civil law enforcement
The Relationship of State Power Branches in the Perspective of Trias Politika Theory After 25 Years of Reform
Get PDFThis study examines the configuration of relations between the branches of state power in Indonesia—executive, legislative, and judicial—from the perspective of the trias politika theory, after two and a half decades of the reform era. The 1998 reform became an important milestone in the paradigm shift in the state constitution, marked by efforts to redistribute power to erode the dominance of the executive that emerged during the New Order period. With a juridical-normative approach and qualitative-descriptive analysis methods, this study examines various laws and regulations, institutional practices, and important decisions of judicial institutions that reflect the dynamics of relations between branches of power. The findings show that although normatively there is a more proportionate separation and division of powers, there are still practical identification of the tendency to dominate the executive branch, weak legislative control, and challenges to the independence of the judiciary. The implication of this condition shows the need to substantively strengthen the principle of checks and balances, as well as continuous institutional reform so that the ideals of trias politik can be actualized in a democratic and accountable system of government.Penelitian ini mengkaji konfigurasi relasi antar cabang kekuasaan negara di Indonesia—eksekutif, legislatif, dan yudikatif—dalam perspektif teori trias politika, pasca dua setengah dekade era reformasi. Reformasi 1998 menjadi tonggak penting dalam pergeseran paradigma ketatanegaraan, ditandai dengan upaya redistribusi kekuasaan guna mengikis dominasi eksekutif yang mengemuka pada masa Orde Baru. Dengan pendekatan yuridis-normatif dan metode analisis kualitatif-deskriptif, penelitian ini menelaah berbagai peraturan perundang-undangan, praktik kelembagaan, serta putusan-putusan penting lembaga peradilan yang merefleksikan dinamika hubungan antar cabang kekuasaan. Temuan menunjukkan bahwa meskipun secara normatif terdapat pemisahan dan pembagian kekuasaan yang lebih proporsional, secara praktis masih teridentifikasi kecenderungan dominasi cabang eksekutif, lemahnya daya kontrol legislatif, serta tantangan terhadap independensi lembaga yudikatif. Implikasi dari kondisi ini menunjukkan perlunya penguatan prinsip checks and balances secara substantif, serta pembenahan institusional yang berkesinambungan agar idealisme trias politika dapat teraktualisasi dalam sistem pemerintahan yang demokratis dan akuntabel
The Legal Policy for Agricultural Cooperatives as a Pillar of an Empowered National Economy
Get PDFAgricultural cooperatives play a strategic role in national economic development, particularly in strengthening food security and empowering farmers. However, their contribution in Indonesia remains low due to weak institutions and historical dependence on state intervention. This article examines the role of legal structure in building integrated and independent agricultural cooperatives, using a normative legal approach and Lawrence M. Friedman\u27s legal system theory, which emphasizes three main elements: structure, substance, and legal culture. Findings indicate that the failure of cooperatives like Agricultural Cooperative and Village Unit Cooperative was triggered by ineffective, bureaucratic, and unresponsive legal structures that failed to adapt to grassroots institutional dynamics. Compared to the success of the National Agricultural Cooperative Federation (NACF) in South Korea, legal structure reforms in Indonesia need to focus on strengthening cooperative institutions, promoting vertical-horizontal integration, and fostering solid inter-agency coordination. The state should act as a facilitator, not a dominator, by providing a legal ecosystem that enables cooperatives to grow as competitive, inclusive, and sustainable people\u27s economic forces.
 
The Principle of Justice in Sharia: A Study of The Meaning of Kufu\u27/Kafa\u27ah (Compatibility) of Bride and Groom in Marriage
No full textThis study examines the application of the kufu\u27 (compatibility) principle in Islamic marriage law and its contribution to promoting social justice. The research aims to analyse how kufu\u27, traditionally employed to ensure marital harmony by assessing equality in terms of religion, social status, and economics, is implemented in contemporary Muslim societies. The study uses a qualitative approach, gathering data through interviews with Islamic scholars, marriage counsellors, and couples, complemented by an extensive literature review. The findings indicate that while kufu\u27 can enhance marital stability, its rigid interpretation in certain contexts has led to gender and class discrimination. As societies evolve, there is an increasing need to reinterpret this principle to include compatibility with emotional, psychological, and personal values beyond mere social or economic equality. The study concludes that kufu\u27 remains relevant but requires adaptation to modern values of justice and equality to ensure fair and stable marriages, contributing to broader discussions on justice within Islamic family law
The Principle of Utmost Good Faith in Insurance Following the Decision of the Constitutional Court of the Republic of Indonesia Number 83/PUU-XXII/2024
Get PDFThe principle of utmost good faith is the primary foundation of insurance contracts, requiring transparency between the insurer and the insured. This principle ensures contractual fairness by requiring both parties not to conceal material facts that could affect the validity of the contract. The Constitutional Court of the Republic of Indonesia Decision Number 83/PUU-XXII/2024 introduces a new dimension to the application of this principle, particularly regarding the protection of the insured\u27s constitutional rights and the strengthening of insurance companies\u27 transparency obligations. This article aims to analyze the implications of the Constitutional Court\u27s decision on the practice of implementing the principle of utmost good faith, both from a doctrinal and normative perspective. The research method used is normative legal research with a statutory and case-based approach. The results of the study indicate that the Constitutional Court\u27s decision emphasizes the urgency of the principle of utmost good faith as a legal protection mechanism that balances the interests of insurance companies and the rights of the insured