Jurnal Online Universitas Pekalongan
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Judge\u27s Reasoning in Determining Environmental Restoration Losses in Unlawful Acts in Forest Fire Cases (Examination of Decision Number 108/Pdt.G/2015/PN.Jkt.Utr.)
No full textForest and land fires in Indonesia have become a persistent and complex legal issue, particularly concerning the determination of environmental losses and the effectiveness of compensation mechanisms for restoration. This article examines the legal reasoning employed by judges in determining environmental restoration losses in civil cases concerning forest fires. The main issues addressed in this research are the basis of judicial reasoning in establishing the value of environmental damages and the extent to which environmental restoration methods can be recognized as a form of legal compensation. The objective of this study is to evaluate and critique the legal logic and approaches adopted by judges in case number 108/Pdt.G/2015/PN.Jkt.Utr., as well as to formulate future standards for assessing environmental losses. This research utilizes a normative juridical method with both case and conceptual approaches. Data were collected through literature review and legal documents, and subsequently analyzed qualitatively. The findings indicate that judges still face challenges in determining the value of environmental losses due to the absence of established ecological valuation standards. This research contributes to strengthening the paradigm of restoration-based environmental law and encourages the development of more comprehensive ecological valuation methods
Implementation of the Principle of Proportionality in Criminal Sentencing in Indonesia
Get PDFThis study aims to analyze the normative implementation of the principle of proportionality in the imposition of criminal penalties in Indonesia. The principle of proportionality is a fundamental concept in criminal law that requires the punishment imposed to be balanced and commensurate with the degree of fault and the impact of the criminal act committed. This research employs a normative juridical method with statute approach, conceptual approach, and legal doctrine approach. Data were collected through literature studies of relevant legislation, legal doctrines, and court decisions. The findings indicate that although the principle of proportionality has been regulated in various Indonesian laws and regulations, its application in criminal justice practice still faces several obstacles, such as judicial subjectivity and inconsistency in sentencing. Furthermore, cases have been found where the penalties imposed are disproportionate to the offender’s level of fault, potentially resulting in injustice. Therefore, this study recommends strengthening guidelines for applying the principle of proportionality within the criminal justice system, including training for law enforcement officers and the development of clearer and more measurable sentencing standards. It is expected that this research will contribute to the advancement of a more just and civilized criminal law system in Indonesia through the consistent and appropriate application of the principle of proportionality
Service Management in Non-Communicable Disease Prevention Regulations in the Perspective of Public Value Management (Study at Singosari Health Center Malang Regency)
Get PDFManagement of non-communicable disease (NCD) prevention services is one of the major challenges in the current public health system, especially at the primary service level such as the Health Center at the Singosari Health Center, Malang Regency, various NCD prevention efforts have been carried out, but there is still a gap between program policies and their implementation in the field. This study aims to analyze management service prevention PTM in Health Center The Lion City Malang Regency through three main aspects: public value, legitimacy and support, and operational efficiency. This study uses a qualitative approach with a data collection method in the form of interviews which aims to gather information about the description of the implementation of disease prevention service management. The results of interviews with five informants showed that the community was quite satisfied with the services provided, especially screening and early detection. This program has received support from various parties, including the Health Office and local government. However, there are still challenges in the form of a lack of evaluation systems, limited facilities, and low public awareness. Strengthening cross-sector collaboration and utilizing technology is needed to increase the effectiveness of the program
Actualization of Bank Principles of Precaution in An Efforts to Protect Customers Against Social Engineering Banking Crime Modes
Get PDFThis study is based on the increasing cases of social engineering fraud in the banking sector that threaten customer security. The urgency of this study lies in the need to understand how the bank\u27s precautionary principle can be actualized to protect customers from increasingly sophisticated crime modes. The purpose of this study is to analyze the application of the precautionary principle in customer protection efforts and to identify steps that can be taken by banks to reduce the risk of such crimes. The research method used is a normative method supported by empirical data. Empirical data were collected through in-depth interviews with bank management, namely at PT. Bank BRI Denpasar Renon Branch and PT. Bank BPD Bali Denpasar Branch. The results of the study indicate that although banks have implemented several precautionary principles, there are still gaps in their implementation that can be exploited by criminals. This study found that customer education and improving digital security systems are important steps that need to be taken to strengthen customer protection. The output of this study is expected to provide practical recommendations for banks in optimizing the application of the precautionary principle and increasing customer awareness of the potential risks of social engineering crimes. In addition, the results of this study can also be a reference for better banking policies in protecting customers in the digital er
Reformulasi Ekstradisi terhadap Kejahatan Lintas Batas Negara di Era Globalisasi (Studi Kasus Warga Negara Rakyat Republik Tiongkok dengan Taiwan)
No full textIndonesia\u27s extradition laws, particularly Law No. 1 of 1979, face challenges in the globalization era, especially with cross-border crimes involving citizens from China and Taiwan. The current civil law and administrative procedure system allows for significant government subjectivity, unlike common law systems that prioritize due process and judicial decisions, where individuals can refuse extradition. This was evident in Indonesia\u27s rejection of Taiwanese citizens\u27 extradition to China and Hendra Rahardja\u27s refusal from Australia, highlighting the need to curb politically motivated or unjust refusals. Therefore, reform of Extradition Law No. 1 of 1979, specifically Article 14, is crucial. This reform should enhance legal certainty, reduce subjectivity, and uphold national sovereignty and justice principles. It must also embrace a "living law" concept, aligning with societal values and ensuring practical benefits. Furthermore, Indonesia should actively champion an ASEAN extradition convention with common standards, particularly for sophisticated cybercrime, drawing inspiration from the European Union\u27s model.Hukum ekstradisi Indonesia, khususnya Undang-Undang No. 1 Tahun 1979, menghadapi tantangan di era globalisasi, terutama dengan kejahatan lintas batas yang melibatkan warga negara dari Tiongkok dan Taiwan. Sistem hukum perdata dan prosedur administrasi saat ini memungkinkan adanya subjektivitas pemerintah yang signifikan, berbeda dengan sistem hukum umum yang mengutamakan proses hukum yang adil dan keputusan peradilan, di mana individu dapat menolak ekstradisi. Ini terlihat jelas dalam penolakan Indonesia terhadap ekstradisi warga negara Taiwan ke China dan penolakan Hendra Rahardja dari Australia, yang menyoroti perlunya membatasi penolakan yang bermotivasi politik atau tidak adil. Oleh karena itu, reformasi Undang-Undang Ekstradisi No. 1 Tahun 1979, khususnya Pasal 14, sangat penting. Reformasi ini harus meningkatkan kepastian hukum, mengurangi subjektivitas, dan menegakkan prinsip-prinsip kedaulatan nasional dan keadilan. Ini juga harus mengadopsi konsep "hukum yang hidup," selaras dengan nilai-nilai masyarakat dan memastikan manfaat praktis. Selain itu, Indonesia harus secara aktif mendukung konvensi ekstradisi ASEAN dengan standar bersama, terutama untuk kejahatan siber yang canggih, dengan mengambil inspirasi dari model Uni Eropa
Legal Aspects of Transforming Videos into Non-Fungible Tokens (NFT) Based on Copyright Law No. 28 of 2014
Get PDFThe main objective of this paper is to analyze in depth the video transformed into non-fungible token (NFT) in the context of copyright protection as regulated in Copyright Law No. 28 of 2014. The focus of the discussion is directed at how the process of transforming a video into NFT can be qualified as a form of format change that is recognized as a new creation based on applicable legal provisions, especially Article 40 paragraph (1) letter n of the Copyright Law. This study uses a normative legal research method, which is based on an analysis of applicable written legal norms. The approach used is a conceptual and legislative approach, by examining the provisions in relevant laws and regulations, especially the Law. The results of this study indicate that a video transformed into an NFT is a form of legally valid transformed work and automatically obtains copyright protection. This protection is important to ensure that video creators retain exclusive rights to their work, even though it has undergone a format change. To strengthen legal protection, creators can register their NFT video works, so that their legal status becomes clearer. In the event of use of a work by another party without permission, especially for commercial purposes, the creator or copyright holder has the right to take legal steps, including reporting the violation to the relevant authorities for appropriate law enforcement processes
Contextual Fiqh Paradigm in Determining the DSN-MUI Fatwa on Non-Cash Gold Purchase and Sale (Abdullah Saeed\u27s Ethico-Legal Value Hierarchy Approach)
No full textThis article examines the use of a hermeneutical approach in the process of istinbat (legal reasoning) by the National Sharia Council–Indonesian Ulema Council (DSN-MUI), with specific reference to Fatwa No. 77/DSN-MUI/V/2010 concerning non-cash gold trading. The fatwa has generated scholarly debate, as it permits transactions seemingly contrary to hadiths mandating immediate exchange for ribawi commodities. The study adopts Abdullah Saeed’s contextual hermeneutics, emphasizing implementational values and socio-historical context in interpreting Islamic legal texts. By integrating ethico-legal principles and the objectives of Islamic law (maqasid al-sharia), DSN-MUI engages in a structured hierarchy of values and applies usul al-fiqh methodologies to address contemporary economic challenges. While some critics argue that the fatwa diverges from a strict textualist reading of hadith, the DSN-MUI’s contextual approach demonstrates normative adaptability without compromising sharia principles. This approach responds to emerging financial realities, such as digital transactions, while upholding the public interest (maslahah). The study highlights the significance of hermeneutical methods in balancing the authority of religious texts with the evolving needs of society, and affirms the DSN-MUI’s strategic role in shaping progressive and globally responsive Islamic economic jurisprudence
Fulfillment of the Right to Education in Border Areas: A Juridical Review of the Implementation of the Right to Basic Education in Temajuk District, Sambas Regency
Get PDFThis study explores the fulfillment of the right to basic education in Temajuk Subdistrict, a border area in West Kalimantan, Indonesia. Despite strong legal frameworks such as the 1945 Constitution, Law No. 20 of 2003, and international commitments under the ICESCR, the actual implementation faces significant challenges. Using a combined normative and empirical juridical approach, the research analyzes regulations and incorporates interviews with local stakeholders. Findings show limited educational facilities serving approximately 2,687 residents, poor infrastructure, inadequate supporting resources, and difficult access due to challenging geography and transportation. High teacher turnover and a curriculum misaligned with local needs further hinder education quality. Additionally, the lack of specific regional regulations and weak coordination among agencies obstruct effective policy execution. The study highlights the urgent need for targeted government intervention, improved infrastructure, better teacher support, localized curricula, and strengthened inter-agency collaboration. Enhancing government responsiveness and involving local communities are essential to achieving equitable, quality education in Temajuk and fulfilling Indonesia’s constitutional and international educational obligations in border areas
The Role of Civil Law in Resolving Unfair Dismissal Disputes: An Empirical Study in Indonesian Labor Courts
Get PDFThis study examines the application of civil law principles in resolving unfair dismissal disputes within Indonesian labor courts through a mixed-methods empirical analysis. The research investigates how Indonesian civil law frameworks, particularly those grounded in the Civil Code (Kitab Undang-Undang Hukum Perdata), interact with labor-specific legislation in addressing employment termination disputes . Using a qualitative-quantitative approach, this study analyzes 150 labor court decisions from 2020-2024 and conducts in-depth interviews with 30 legal practitioners, judges, and labor law experts . The findings reveal that civil law principles, especially those relating to contract validity under Article 1320 of the Indonesian Civil Code, play a crucial role in determining the fairness of dismissal procedures . The study identifies significant gaps in the application of civil law remedies, with only 35% of unfair dismissal cases receiving adequate compensation through civil law mechanisms . The research demonstrates that while Indonesian labor courts increasingly rely on civil law principles for dispute resolution, inconsistencies in judicial interpretation and enforcement mechanisms limit their effectiveness . This study contributes to the understanding of how civil law can be better integrated into labor dispute resolution frameworks to enhance worker protection and ensure equitable outcomes in employment termination cases
The Role and Limitations of the Village Secretary’s Authority in the Absence of a Village Head
Get PDFThis study discusses the role and limitations of the Village Secretary’s authority in filling the vacancy of the Village Head position, which has become a crucial issue in village governance. Although the Village Secretary is the highest structural official after the Village Head, regulations governing the delegation of authority during a vacancy are still minimal and not explicit. The study uses a normative and empirical approach by analyzing laws and regulations as well as field practices in several villages. The results of the study indicate that the appointment of an Acting Village Head (Plt) by the regional government is the only legal mechanism that can provide full legitimacy to the authority of the Village Head. Delegating authority to the Village Secretary without an official legal basis risks triggering legal, administrative, and social conflicts, as well as potential legal liability. Therefore, clear regulations and firm procedures are needed, along with the development of village officials, to ensure that village governance continues to function effectively and accountably during the transition period of the Village Head positio