Jurnal Online Universitas Pekalongan
Not a member yet
3388 research outputs found
Sort by
Legal Balance and Environmental Sustainability in Indonesia’s Mineral and Coal Licensing Regime: A Normative Study Based on Pancasila
Get PDFIndonesia\u27s mineral and coal licensing regime is caught between the need for economic growth and the need to protect the environment. The purpose of this normative legal research is to examine the regulatory architecture in the mineral and coal mining industry from the perspective of Pancasila as the basis of state philosophy, with particular emphasis on the principles of environmental preservation and the precepts of social justice. This article evaluates the consistency, coherence, and adequacy of the licensing regime in ensuring ecological sustainability and resource distribution using a doctrinal approach based on normative juridical analysis of legislation, the constitution, and Pancasila-based legal theory. The results show that the prevailing legal framework is unbalanced. Current regulations focus more on administrative efficiency and investment attractiveness, but do not adequately internalize the intergenerational environmental responsibilities established by the 1945 Constitution and environmental regulations. This article proposes urgent legal reform towards an integrative paradigm that brings together legal certainty, distributive justice, and environmental sustainability based on the third and fifth precepts of Pancasila. To create a balanced legal design, sustainable development principles such as precaution, ecological integrity, and participatory governance are used as standards. The study found that the mining licensing regime should be adapted to a legal theory based on Pancasila and sustainability principles. This is an important step towards equitable and sustainable natural resource governance in Indonesia. The results provide an important reference for academics, environmental stakeholders and policy makers
IMPLEMENTATION OF THE PROSECUTOR\u27S AUTHORITY IN THE IMPLEMENTATION OF JUSTICE FOR VICTIMS OF NARCOTICS ABUSE ACCORDING TO POSITIVE LAW
No full textNarcotics pose a global issue that jeopardizes public order and endangersboth physical and mental well-being. Narcotics usage in Indonesia hasevolved into a multifaceted issue with extensive ramifications,encompassing legal, social, psychological, and humanitarian dimensions.This study aims to evaluate the prosecutor\u27s authority in implementingrestorative justice for victims of narcotics misuse, in accordance withstatutory legislation. The employed methodology is a qualitativedescriptive approach. Data was acquired through comprehensive surveysand conversations with prosecutors regarding the execution of theirpowers. What is the function of the prosecutor\u27s office within the criminaljustice system concerning positive law? Describing Narcotics AbuseCases through Restorative Justice by the Prosecutor\u27s Office TheRestorative Justice Approach serves as an application of the Prosecutor\u27sDominus Litis Principle, allowing the Prosecutor\u27s Office the discretionto cease prosecution of narcotics abuse suspects, thereby fostering ajustice system that prioritizes rehabilitation over mere criminalization.Narcotics pose a global issue that jeopardizes public order and endangers both physical and mental well-being. Narcotics usage in Indonesia has evolved into a multifaceted issue with extensive ramifications, encompassing legal, social, psychological, and humanitarian dimensions. This study aims to evaluate the prosecutor\u27s authority in implementing restorative justice for victims of narcotics misuse, in accordance with statutory legislation. The employed methodology is a qualitative descriptive approach. Data was acquired through comprehensive surveys and conversations with prosecutors regarding the execution of their powers. What is the function of the prosecutor\u27s office within the criminal justice system concerning positive law? Describing Narcotics Abuse Cases through Restorative Justice by the Prosecutor\u27s Office The Restorative Justice Approach serves as an application of the Prosecutor\u27s Dominus Litis Principle, allowing the Prosecutor\u27s Office the discretion to cease prosecution of narcotics abuse suspects, thereby fostering a justice system that prioritizes rehabilitation over mere criminalization
Intellectual Property Rights in the Age of AI and Big Data: A Reinterpretation of the Concept of Creativity in Legal Philosophy
Get PDFThe legal issue addressed is the growing misalignment between traditional IPR doctrines—which require originality and human subjectivity—and the emerging reality of content creation that is either generated or significantly assisted by AI systems and data-driven processes. The primary objective of this research is to critically reassess the normative foundations of the concept of "creativity" within IPR law, employing a legal-philosophical approach, and to propose a more adaptive legal framework in response to technological advancements. The study adopts a normative juridical method combined with a progressive legal philosophy approach, and conducts a conceptual analysis of both international and national regulations concerning IPR, AI, and data governance. The novelty of this research lies in the formulation of the concept of hybrid creativity—an acknowledgment of non-anthropocentric forms of creative expression that possess expressive, aesthetic, and utilitarian value, even when generated through algorithmic intervention. The findings indicate that the exclusive recognition of human creativity is increasingly insufficient, and that a more inclusive legal paradigm is needed to accommodate the role of AI as a subject—or at least a co-creator—within the IPR system. The study recommends the establishment of a new category of IPR that recognizes AI-generated works, alongside a reformulation of originality and ownership criteria aligned with principles of distributive justice and technological progres
Axiological Aspects of Legal Science from the Muhammadiyah Perspective
Get PDFThis study aims to determine the purpose of legal science for Muhammadiyah, specifically the Majelis Tarjih (Islamic Council of Muhammadiyah). This is highly urgent, because the Majelis Tarjih is an entity within Muhammadiyah that is responsible for providing solutions to the problems of the people\u27s lives, especially Muhammadiyah members and Muslims in general. In general, the purpose of legal science is to ensure justice, legal certainty, and benefit. Legal scholars have provided an overview of justice, legal certainty, and benefit. Some argue that law is just if it has legal certainty. Meanwhile, the law is certain if it is written or codified. On the side of benefit, there are also many differences. Is the benefit for the victim only, or for the perpetrator as well? The above matters are constantly experiencing dynamics. Therefore, Muhammadiyah, in this case the Majelis Tarjih, wants to provide an alternative purpose of legal science. Based on this, this research has a fairly high urgency, considering that the Majelis Tarjih in its legal istbath should not deviate from the purpose of the law itself. This research method is normative research with a library approach. The research begins by analyzing Islamic sharia by classifying what is fixed (muthasibat) and what is changeable (muthaghoiroh). These two aspects are then discussed in dialogue with the objectives of sharia (maqasidu shari\u27ah). In the next stage, the author will study the istinbat method of the tarjih assembly\u27s law to synchronize the objectives of law with the istinbath method of the Muhammadiyah tarjih assembly. The findings of this study are that the objectives of law from the Muhammadiyah perspective are flexible. This flexibility lies in achieving benefits and avoiding harm
Analysis of the Form and Amount of Compensation in the Copyright Infringement Case for the Use of the Song "Lagi Syantik" by Gen Halilintar Without Permission
Get PDFCopyright infringement on digital platforms is increasing with the development of social media as a means of content distribution. One case that has attracted public attention is the use of the song "Lagi Syantik" by the Gen Halilintar family without permission from the rights holder. This article analyzes the form and amount of compensation awarded in this case, and examines the effectiveness of the implementation of Law No. 28 of 2014 in addressing copyright infringement in the digital ecosystem. This research uses a normative juridical method with a case study approach and a comparative study of legal systems in other countries, such as the United States, Japan, and Germany. The results show that the determination of compensation of Rp 300 million does not reflect an objective approach to calculating losses, both economic and immaterial. The judge did not specify the basis for calculating the value of the losses, and the Indonesian legal system does not yet provide a standard or technical institution capable of accurately estimating royalties from digital platforms. International practice demonstrates the importance of the principles of fictitious licensing, statutory damages, and the presumption of damages mechanism as solutions to the difficulties of proving digital losses. Therefore, it is necessary to establish a digital copyright damage evaluation agency, revise the Copyright Law, and integrate the infringement reporting system with digital platforms. These reforms are crucial to ensure justice and legal certainty for creators in the digital creative economy era
Venture Capital Investment Model: The Aspect of Losing Soul "Due to the Current of the Times"
Get PDFVenture capital was initially introduced in Indonesia as an alternative financing instrument oriented towards empowering small, medium, and startup businesses with growth potential. Through capital participation mechanisms, venture capital not only provides funds but also managerial support and access to business networks. Capital participation, which was initially driven by the spirit of economic equality, now tends to focus on profitability, valuation, and exit strategies. This shift has given rise to a phenomenon that can be termed "loss of soul," namely the fading of the social function and the goal of developing a people\u27s economy, which is the philosophical background for the birth of venture capital. This article aims to legally examine the capital participation model in venture capital in Indonesia and analyze the shift in legal orientation that underlies it. This research uses normative legal research methods with statutory, conceptual, and comparative approaches. The analysis is carried out to assess the suitability between the prevailing legal norms and the ideals of economic empowerment that should be upheld. The results of the study show that venture capital regulations emphasize more on legal certainty for investors than protection for SMEs, resulting in an imbalance of interests. Therefore, legal reform and strengthening the role of the OJK are needed to ensure that the venture capital participation model retains the "soul" of empowerment, in line with the principle of social justice in national economic developmen
Deontological Ethics in Legal Protection for Medical Personnel Against Accusations of Malpractice
Get PDFMedical malpractice is a complex issue that involves not only legal dimensions but also the ethical aspects inherent in medical practice. Medical professionals are often placed in a vulnerable position because every adverse outcome of medical treatment is frequently associated with negligence, even though, in many cases, such failures represent acceptable medical risks. This situation generates ongoing debate regarding the boundaries of professional responsibility and the extent of legal protection that should be granted to medical practitioners. Therefore, this study seeks to analyze the legal protection afforded to medical professionals in malpractice cases by employing deontological ethics as an analytical framework. The purpose of this study is to examine the extent to which deontological ethical principles can serve as a foundation for assessing fair legal protection for medical professionals accused of malpractice. This research adopts a normative juridical method with both philosophical and conceptual approaches, utilizing literature reviews of statutory regulations, legal doctrines, and relevant works in the philosophy of law. The findings indicate that existing regulations provide a legal basis consistent with the principle of duty, yet shortcomings in detailed regulatory provisions, the understanding of law enforcement officers, and the absence of preventive protection mechanisms remain the main obstacles. The novelty of this research lies in applying Immanuel Kant’s deontological ethics as a philosophical framework to clarify the distinction between reasonable medical risk and professional error. This contribution enriches the discourse on health law by affirming that moral and professional duties should serve as the primary benchmark, thereby ensuring that legal protection for medical professionals is enforced more fairly and proportionall
Visas as Preventive Legal Protection for the Sovereignty of the State of Indonesia: The Perspective of the Selective Policy Principle in Indonesian Immigration Law
Get PDFA visa is understood as a specific permit to reside for foreign nationals. In Indonesia, Law No. 6/2011 on Immigration affirms the applicability of the Selective Policy principle to ensure that not everyone can easily stay in Indonesia, particularly with certain requirements to ensure national security and sovereignty. This research aims to analyze visas as an instrument of preventive legal protection for Indonesia\u27s national sovereignty in relation to the implementation of the Selective Policy principle. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that visas are a preventive legal protection effort for the sovereignty of the Indonesian state because they allow for the identification of the background of individuals seeking residency permits in Indonesia. As a preventive legal protection effort for state sovereignty, visas are relevant to the principle of Selective Policy in Indonesian immigration law, which emphasizes state sovereignty and security as the most important aspects, making the restriction of residency permits thru visas relevantA visa is understood as a specific permit to reside for foreign nationals. In Indonesia, Law No. 6/2011 on Immigration affirms the applicability of the Selective Policy principle to ensure that not everyone can easily stay in Indonesia, particularly with certain requirements to ensure national security and sovereignty. This research aims to analyze visas as an instrument of preventive legal protection for Indonesia\u27s national sovereignty in relation to the implementation of the Selective Policy principle. This research is normative legal research with a conceptual and legislative approach. The research findings confirm that visas are a preventive legal protection effort for the sovereignty of the Indonesian state because they allow for the identification of the background of individuals seeking residency permits in Indonesia. As a preventive legal protection effort for state sovereignty, visas are relevant to the principle of Selective Policy in Indonesian immigration law, which emphasizes state sovereignty and security as the most important aspects, making the restriction of residency permits thru visas relevant
Pengaruh Cekaman Genangan Air Terhadap Pertumbuhan dan Hasil Tanaman Jagung (Zea mays L.): Effect of Waterlogging on the Growth and Yield of Maize Plants (Zea mays L.)
Get PDFJagung (Zea mays L.) merupakan salah satu komoditas pangan utama di Indonesia, terutama di beberapa wilayah dijadikan sebagai pangan pokok. Jagung tidak hanya menjadi sumber karbohidrat, tetapi kaya akan komponen pangan seperti serat, asam lemak esensial, isoflavon, mineral, dan antosianin. Cekaman genangan air, terutama pada musim hujan, dapat menghambat pertumbuhan dan hasil tanaman jagung, yang dapat menghambat pertumbuhan serta menurunkan produktivitasnya. Metode yang digunakan dalam penelitian ini adalah percobaan lapangan dengan rancangan faktor tunggal, disusun dalam rancangan acak lengkap (RAL), serta melibatkan dua jenis perlakuan cekaman genangan air, yaitu pemberian penyiraman hingga kapasitas lapang (G1) dan pemberian genangan air selama 15 hari berjarak 5 cm dari permukaan tanah (G2). Setiap perlakuan memiliki 3 ulangan, di mana setiap ulangan terdiri dari 3 tanaman, sehingga secara keseluruhan terdapat 18 percobaan. Hasil penelitian mengungkapkan bahwa cekaman genangan air berpengaruh secara signifikan terhadap perkembangan dan produktivitas jagung. Genangan yang berlangsung selama 15 hari menyebabkan penurunan pada Ketinggian tanaman, ketebalan batang, dimensi daun, serta kapasitas volume akar, serta bobot akar dalam kondisi basah dan kering. Sementara itu, tanaman jagung yang tidak tergenang menunjukkan hasil yang lebih baik di semua parameter yang diamati. Genangan air yang berkepanjangan perlu dihindari karena mampu menghambat proses fotosintesis dan respirasi, terutama pada fase awal pertumbuhan. Kondisi lahan dengan aerasi yang baik diperlukan untuk mendukung pertumbuhan optimal dan meningkatkan hasil tanaman jagung
Identifikasi Dan Prevalensi Ektoparasit Pada Udang Vaname (Litopenaeus vannamei) Di Perairan Kota Banda Aceh
Get PDFPenelitian ini bertujuan untuk mengidentifikasi jenis ektoparasit dan menghitung prevalensi serta intensitas infeksi pada udang vaname (Litopenaeus vannamei) di tambak Desa Alue Naga dan Desa Deah Raya, Banda Aceh. Sampel diambil dari dua lokasi dengan total 28 ekor udang yang diperiksa. Zoothamnium sp., Vorticella sp., dan Epistylis sp. adalah ektoparasit yang ditemukan dengan prevalensi tertinggi sebesar 100% untuk Vorticella sp. dan Epistylis sp. di Desa Alue Naga. Intensitas infeksi tertinggi tercatat pada Vorticella sp. di bagian ekor dengan rata-rata 443 individu per ekor. Kualitas air, termasuk suhu, pH, dan salinitas, berada dalam batas normal dengan suhu 32°C, pH 6,25-6,86, dan salinitas 22-42 ppt, mendukung kondisi budidaya udang vaname. Hasil penelitian ini menunjukkan perlunya pengelolaan penyakit yang efektif dalam budidaya udang vaname