Jurnal Online Universitas Pekalongan
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The Legal Protection Regarding Consumer Losses in Banking Transactions Caused by Phishing
Get PDFThis study is a normative legal study with a conceptual and legislative approach. The results of the study confirm that legal protection that includes the bank\u27s obligation to maintain data security and provide preventive education is very necessary, along with legal resolution of problems if losses occur due to phishing. Strengthening regulations and supervision from the government, the Financial Services Authority (OJK), and banking is very important to minimize the risk of phishing and protect customers effectively. In this case, the bank\u27s legal accountability is key to providing legal certainty and protecting the rights of the injured party, with the condition that the bank can only be held accountable if it is proven negligent in managing data and system supervision. Banks can actually be held accountable either civilly or criminally according to the type and level of the bank\u27s error. This study recommends strengthening stricter regulations, improving data security systems by banks, and providing more comprehensive preventive education to customers regarding potential phishing risks, to ensure optimal protection and minimize potential losses
SINKRONISASI HUKUM UNTUK ALIH FUNGSI LAHAN DALAM PENGEMBANGAN WISATA ALAM
No full textLand use conversion in the context of tourism development particularly nature-based tourism constitutes a strategic issue encompassing legal, environmental, and socio-economic dimensions. This study aims to analyze the extent to which Indonesia’s legal and regulatory frameworks have accommodated the governance of land-use conversion within the framework of sustainable tourism development. The research employs a normative juridical approach by examining statutory regulations relating to spatial planning and land-use conversion. This study is particularly relevant given the increasing strategic importance of environmental policies, including those in Kuningan Regency. One such regulation is Law Number 26 of 2007 concerning Spatial Planning. The findings indicate that, normatively, there is a degree of legal synchronization across various regulations that ensures conformity in spatial utilization with the Regional Spatial Plan (RTRW) and the Detailed Spatial Plan (RDTR), while also incorporating sustainability and environmental protection considerations. Nonetheless, practical challenges persist, including overlapping authorities, weak enforcement mechanisms, and limited public participation. Therefore, there is a pressing need to strengthen both legal structures and the legal culture of society to realize legal certainty and effective protection in land-use conversion for equitable and sustainable tourism development.Alih fungsi lahan dalam pembangunan kepariwisataan, khususnya wisata alam, merupakan isu strategis yang mengandung dimensi hukum, lingkungan, dan sosial-ekonomi. Penelitian ini bertujuan untuk menganalisis sejauh mana sinkronisasi peraturan perundang-undangan di Indonesia telah mengakomodasi tata kelola alih fungsi lahan dalam konteks pembangunan pariwisata yang berkelanjutan. Pendekatan penelitian yang digunakan adalah metode yuridis normatif, dengan mengkaji ketentuan hukum tertulis, meyangkut tata ruang dan alih fungsi lahan, penelitian ini penting mengingat kebijakan-kebijakan di bidang lingkungan hidup. Saat ini, menjadi sangat strategis, termasuk persoalan kebijakan lingkungan hidup di Kabupaten Kuningan. Seperti Undang-Undang Nomor 26 Tahun 2007 tentang Penataan Ruang. Hasil penelitian menunjukkan bahwa secara normatif telah terdapat sinkronisasi antar regulasi yang menjamin kesesuaian pemanfaatan ruang dengan Rencana Tata Ruang Wilayah (RTRW) dan Rencana Detail Tata Ruang (RDTR), serta memperhatikan aspek keberlanjutan dan perlindungan lingkungan. Meskipun demikian, problematika implementatif masih dijumpai dalam bentuk tumpang tindih kewenangan, lemahnya pengawasan, dan rendahnya partisipasi masyarakat. Oleh karena itu, diperlukan penguatan struktur hukum dan budaya hukum masyarakat, guna mewujudkan kepastian hukum dan efektivitas perlindungan dalam alih fungsi lahan untuk kepentingan pembangunan pariwisata yang berkeadilan dan berkelanjutan
Prenuptial Agreement in Islamic Family Law: A Maqāṣid al-Sharī‘ah Approach
Get PDFThis study analyzes prenuptial agreements within the framework of Islamic family law and explores their harmonization with contemporary social demands. While recognized under Article 29 of Law No. 1 of 1974 jo. Law No. 16 of 2019, such agreements remain contested in classical Islamic jurisprudence. Using a qualitative method with a normative-conceptual and comparative approach, this research draws from classical texts (e.g., al-Māwardī, Ibn Qudāmah) and contemporary thought on maqāṣid al-sharī‘ah (e.g., al-Shāṭibī, Ibn ʿĀshūr), as well as interviews with scholars and practitioners. The findings show that prenuptial agreements are not inherently in conflict with Islamic law if aligned with core marital principles. When framed within maqāṣid, they can promote maṣlaḥah by clarifying spousal rights and protecting shared assets. The academic contribution of this study lies in its integrative framework that bridges traditional Islamic legal doctrine with the evolving socio-legal context of Muslim societies. It also offers practical implications for developing Islamic-compatible prenuptial models and raising public awarenessThis study analyzes prenuptial agreements within the framework of Islamic family law and explores their harmonization with contemporary social demands. While recognized under Article 29 of Law No. 1 of 1974 jo. Law No. 16 of 2019, such agreements remain contested in classical Islamic jurisprudence. Using a qualitative method with a normative-conceptual and comparative approach, this research draws from classical texts (e.g., al-Māwardī, Ibn Qudāmah) and contemporary thought on maqāṣid al-sharī‘ah (e.g., al-Shāṭibī, Ibn ʿĀshūr), as well as interviews with scholars and practitioners. The findings show that prenuptial agreements are not inherently in conflict with Islamic law if aligned with core marital principles. When framed within maqāṣid, they can promote maṣlaḥah by clarifying spousal rights and protecting shared assets. The academic contribution of this study lies in its integrative framework that bridges traditional Islamic legal doctrine with the evolving socio-legal context of Muslim societies. It also offers practical implications for developing Islamic-compatible prenuptial models and raising public awareness
Harmonizing the Legality of Nominee Agreements with Corporate Law in Indonesia
Get PDFThe business process of development that occurs in Indonesia is increasingly marked by the rampant implementation of nominee agreements to form Limited Liability Companies (PT), especially carried out by foreign parties who want to avoid restrictions on share ownership. Although contractually nominee agreements can be categorized as agreements that are appropriate to meet the legal requirements as stipulated in Article 1320 of the Civil Code. However, substantially, its existence is contrary to the principles and provisions of corporate law, especially in Law Number 40 of 2007 concerning Limited Liability Companies. This study aims to analyze the legal disharmony between the legality of agreements according to civil law and the principle of legality of establishment and ownership of shares in company law. This research uses normative juridical methods with laws and regulations, conceptual, and case study approaches. The results of the study show that the nominee agreement creates legal ambiguity that has the potential to harm the legal interests of the parties and weaken the integrity of the national legal system. Therefore, synchronization between the two needs to be done. This synchronization can be done through strengthening supervision, enforcing the principle of transparency, and harmonizing regulations across sectors
Organizational Communication Dynamics within the Indonesian Pediatric Society: An Analysis of Internal and External Relations in Strengthening Professionalism and Health Advocacy
Get PDFThis study analyzes the internal and external communication dynamics within the Indonesian Pediatric Society (IDAI), a professional medical organization that plays a strategic role in enhancing pediatricians\u27 professionalism and advocating for child health in Indonesia. Adopting a qualitative approach through a case study method, the research collected data via in-depth interviews with IDAI executives, pediatric specialists, and a review of relevant documents. Findings indicate that internal communication within IDAI serves a crucial function in program coordination, member engagement, and the dissemination of policy information and medical education. Meanwhile, external communication with government bodies, the media, and the public contributes to strengthening child health advocacy and countering misinformation. Despite IDAI\u27s efforts to optimize digital technology in both internal and external communication, challenges remain—particularly in building organizational cohesion and ensuring effective public outreach. This study underscores the importance of adaptive and participatory communication strategies to enhance the effectiveness of professional medical organizations. The findings offer valuable insights into the development of more responsive and strategic organizational communication within the health sector
Comparative Study of Legal Protection of Women\u27s Labor From the Perspective of International Conventions, Indonesian and German Law
No full textWork related to humans, including aspects of the economy and fundamental human rights, is essential. Every individual, regardless of gender, has equal rights in the workforce. In the modern era, women are involved in forced labor, although they still face various challenges. In normative terms, protecting women\u27s rights as workers in Indonesia is regulated by Law Number 13 of 2003 concerning Employment, alongside several other regulations and international conventions such as the ILO and CEDAW. However, there are several gaps in the framework, such as provisions that do not fully protect female workers and a lack of effective implementation of the conventions that have been ratified, which often merely reiterate the norms of the international convention. On the other hand, Germany has also ratified the convention and has more specific regulations for protecting women\u27s rights. By comparing the laws of Indonesia and Germany, this research aims to provide recommendations for improvements and refinements in employment regulations in Indonesia. The research method employed is a normative legal study with a statutory, conceptual, and comparative approach. Based on the results of this study, it can be concluded that the regulations for protecting female workers in Indonesia and Germany have similarities and differences. In Indonesia, the protection of women is primarily outlined in the Employment Act, while in Germany, each protection category is more distinctly defined in the Constitution. Although both jurisdictions address matters such as maternity, protection from discrimination, and wage equality for equivalent work, there is a difference in the level of detail in their arrangements
Legal Dimension in Waqf Governance: The Role of Compliance Mediation in The Influence of Human Resources Quality and Supervision on The Accountability of Waqf Institutions
Get PDFThis study aims to analyze the role of compliance mediation in influence of human resource (HR) quality and supervision on accountability of waqf institutions registered with the Indonesian Waqf Board (BWI). This study provides insight into how these factors interact to improve institutional accountability, which is an important element in maintaining public trust in waqf management. This study uses a quantitative approach with the Structural Equation Modeling-Partial Least Squares (SEM-PLS) method. Data were collected through a survey of 164 respondents consisting of stakeholders and practitioners at the Waqf Nadzir Institution. This model evaluates the direct and mediation relationships between variables. The results of the study indicate that the quality of human resources does not have a significant direct effect on the accountability of waqf institutions or on compliance. In contrast, supervision has a positive and significant effect on compliance and accountability. Compliance is proven to only mediate the relationship between supervision and accountability, but cannot mediate the relationship between the quality of human resources and accountability. This finding emphasizes the importance of effective supervision in improving institutional compliance and accountability. The quality of human resources in waqf institutions needs to be considered to improve the accountability of waqf institutions. The novelty of this study is to develop a theory of legitimacy in terms of the need for supervision in improving the accountability of waqf institutions mediated by waqf institution compliance.Penelitian ini bertujuan untuk menganalisis peran mediasi kepatuhan dalam pengaruh kualitas sumber daya manusia (SDM) dan pengawasan terhadap akuntabilitas lembaga wakaf yang terdaftar di Badan Wakaf Indonesia (BWI). Penelitian ini memberikan wawasan tentang bagaimana faktor-faktor tersebut berinteraksi untuk meningkatkan akuntabilitas lembaga, yang merupakan elemen penting dalam menjaga kepercayaan publik terhadap pengelolaan wakaf. Penelitian ini menggunakan pendekatan kuantitatif dengan metode Structural Equation Modeling-Partial Least Squares (SEM-PLS). Data dikumpulkan melalui survei terhadap 164 responden yang terdiri dari para pemangku kepentingan dan praktisi di Lembaga Nadzir Wakaf. Model ini mengevaluasi hubungan langsung dan mediasi antar variabel. Hasil penelitian menunjukkan bahwa kualitas sumber daya manusia tidak memiliki pengaruh langsung yang signifikan terhadap akuntabilitas lembaga wakaf maupun terhadap kepatuhan. Sebaliknya, pengawasan memiliki pengaruh positif dan signifikan terhadap kepatuhan dan akuntabilitas. Kepatuhan terbukti hanya memediasi hubungan antara pengawasan dan akuntabilitas, tetapi tidak dapat memediasi hubungan antara kualitas sumber daya manusia dan akuntabilitas. Temuan ini menekankan pentingnya pengawasan yang efektif dalam meningkatkan kepatuhan dan akuntabilitas lembaga. Kualitas sumber daya manusia di lembaga wakaf perlu diperhatikan untuk meningkatkan akuntabilitas lembaga wakaf. Hal baru dari penelitian ini adalah mengembangkan teori legitimasi dalam konteks perlunya pengawasan dalam meningkatkan akuntabilitas lembaga wakaf yang dimediasi oleh kepatuhan lembaga wakaf
Interfaith Heirship in Islamic Jurisprudence: Exploring Ijtihad Approaches in Contemporary Legal Reforms
Get PDFThis study explores the complex issue of interfaith heirship within the framework of Islamic jurisprudence, focusing on contemporary efforts to reinterpret traditional doctrines through ijtihad. Classical Islamic law generally prohibits non-Muslim heirs from inheriting from Muslim relatives, a stance rooted in historical socio-religious contexts. However, in response to evolving pluralistic societies and the growing demand for legal inclusivity, contemporary Muslim scholars and legal reformers have initiated various ijtihad-based approaches to reassess this prohibition. Employing a qualitative normative legal method, this research examines key classical texts, modern fatwas, and statutory reforms in selected Muslim-majority countries. The findings reveal a dynamic spectrum of scholarly opinions, ranging from strict adherence to traditional rulings to more progressive reinterpretations that emphasize maqasid al-shariah (the objectives of Islamic law), particularly justice, family unity, and human dignity. The study concludes that while doctrinal tensions remain, ijtihad presents a legitimate and evolving mechanism to harmonize Islamic inheritance law with contemporary legal and social realities, thereby promoting more inclusive and contextually responsive interpretations
Implementation of East Sumba Regent Regulation Number 33 of 2023 on Educational Services for Belief in God Almighty in Educational Units
Get PDFEducational services for adherents of indigenous beliefs are a manifestation of the constitutional mandate to guarantee the rights of every citizen. This research aims to conduct an in-depth analysis of the implementation of the East Sumba Regent Regulation Number 33 of 2023 concerning Educational Services for Belief in God Almighty in Educational Units, with a case study on Marapu believers. Using a descriptive qualitative approach, data were collected through in-depth interviews with key stakeholders such as the Regent of East Sumba, the Head of the Education Office, foundation leaders, and educators, as well as through observation and documentation. Data analysis was carried out using the five-factor policy implementation framework from Khan and Khandeker (2016), which includes rational, management, organizational, bureaucratic, and political factors. The results show that in the rational factor, the policy objectives are clearly defined, but socialization to the grassroots community is still limited. In the management factor, a budget has been allocated, but implementation is constrained by the limited number and qualifications of educators and the inadequacy of Marapu-specific teaching modules. The organizational factor indicates strong leadership from the regional head and high motivation from various parties, but teamwork in the field needs to be optimized. The bureaucratic factor shows that an implementation structure is in place, but the competence and capacity of implementers at the school level still need improvement. Finally, in the political factor, there is strong political will and minimal inhibiting political pressure after initial dialogues, but harmony among all implementing actors must be continuously maintained. This study concludes that the policy implementation is proceeding with a strong legal and political foundation but faces significant challenges in managerial and technical aspects on the ground.
Regulation of State Ownership Rights Over Land in The National Agrarian Legal System
Get PDFState control over land is a fundamental principle in Indonesia\u27s national agrarian legal system, which is based on Article 33 paragraph (3) of the 1945 Constitution and elaborated in Law No. 5 of 1960 concerning Basic Agrarian Principles (UUPA). The state, as the holder of state ownership rights over land, has the authority to regulate the allocation, use, and ownership of land for the greatest prosperity of the people. This study aims to analyze the legal provisions regarding state ownership rights and examine their implementation in land management practices in Indonesia. The research method used is normative legal analysis with a legislative and doctrinal approach. The results of the study indicate that although the regulation of state control rights has been legally regulated through the UUPA and its derivative regulations, in practice, various problems are still found, such as overlapping claims, agrarian conflicts, and weak protection of the rights of indigenous peoples and farmers. Therefore, it is necessary to strengthen regulations and the implementation of agrarian justice principles so that state control rights truly function for the welfare of the people