Jurnal Online Universitas Pekalongan
Not a member yet
3388 research outputs found
Sort by
Science of Delivery: An Agricultural Development Approach
Get PDFAgricultural development in many developing countries continues to face multifaceted challenges, particularly in the effectiveness of delivering innovations to farmers and in bridging the gap between local knowledge and research-based scientific understanding. Often, top-down approaches overlook the rich, contextual wisdom embedded within local farming communities, resulting in innovations that are either poorly adopted or unsustainable in the long term. This study explores how the integration of local knowledge with formal scientific research can be achieved through effective delivery and sharing systems. Adopting a constructivist paradigm, the research employed a qualitative case study approach, drawing on data collected from in-depth interviews, focus group discussions, direct observations, and document analysis. Key informants included experienced farmers, community leaders, agricultural extension workers, and local government staff. The analysis was conducted using NVivo 12 Plus software to identify meaningful patterns and themes. The results suggest that when scientific innovations are co-developed with input from local knowledge, they are not only more relevant and adaptable but also culturally accepted—what this study refers to as "culturally rooted innovations." Such integration not only helps safeguard agroecological systems but also builds mutual understanding and trust among stakeholders. This study highlights the importance of participatory knowledge-sharing models and localized delivery systems as essential components in designing more sustainable and inclusive agricultural development strategies
Paradox of Justice in Baduy’s Customary Law: Bridging Tradition, Human Rights, and Modernization in the Context of Indonesian Legal Pluralism
Get PDFThis study examines the paradox of justice that emerges when Baduy’s customary law interacts with universal concepts of justice and human rights. It explores how the Baduy community’s notion of justice—rooted in the principle of “pikukuh” and focused on maintaining cosmic balance—often clashes with modern interpretations of justice and individual rights. By analyzing Baduy’s legal practices in depth, the study identifies key challenges in reconciling customary law with Indonesia’s national legal system. It also considers how this paradox affects efforts to preserve Baduy’s cultural identity amid growing pressures from modernization. In conclusion, the study underscores the need to understand the complex interplay between customary law, human rights, and national development within Indonesia’s legal pluralism framewor
Practice of Diploma Retention in Industrial Relations: Analysis from the Perspective of Labor Law
Get PDFThe practice of withholding diplomas by companies in industrial relations in Indonesia is still often found even though it has no legal basis. This withholding of diplomas is generally carried out on the grounds of ensuring the continuity of the employment contract and preventing workers from resigning before the end of the employment period. However, this action is contrary to the basic principles of Indonesian labor law which prioritize freedom of contract, protection of workers\u27 rights, and the right to private property. This study aims to analyze the practice of withholding diplomas in industrial relations and its compliance with the provisions of labor law in Indonesia. The research method used is normative juridical with a statutory approach and a case approach. The results of the study indicate that the practice of withholding diplomas is not in accordance with the provisions applicable in Indonesian labor law, including Law Number 13 of 2003 concerning Manpower and Law Number 39 of 1999 concerning Human Rights. This practice also has the potential to violate human rights guaranteed by the constitution. Workers who experience diploma withholding have several legal remedies that can be taken, such as complaints to the Manpower Office, settlement of industrial relations disputes, and civil lawsuits. This study recommends that the government, companies, and workers improve their understanding and supervision of workers\u27 rights to create fair and just industrial relations
Legal Protection of Endangered Wildlife in Indonesia: Analysis of Verdict No. 185/Pid.B/LH/2020/PN.Bon under the Conservation Law
Get PDFThis study examines the legal protection of endangered wildlife in Indonesia through the enforcement of Law No. 5 of 1990 concerning the Conservation of Living Natural Resources and Their Ecosystems. The analysis focuses on Verdict No. 185/Pid.B/LH/2020/PN.Bon of the Bon District Court, which involved the illegal trade of protected wildlife species. The research aims to evaluate the effectiveness of the legal framework in deterring wildlife crimes and assess the role of the judiciary in upholding conservation efforts. Using a normative juridical approach combined with case analysis, this paper highlights key legal considerations, including the interpretation of criminal liability, sentencing consistency, and the alignment of court decisions with conservation objectives. The findings reveal that although the legal provisions are comprehensive, enforcement challenges—such as light sentencing and limited deterrence—remain significant obstacles. The study concludes that stronger legal interpretation, enhanced coordination among law enforcement agencies, and public awareness are crucial for the effective protection of endangered species in Indonesia. This case serves as a reflection of the broader struggle between legal norms and the practical realities of wildlife conservation.Indonsia merupakan rumah bagi satwa-satwa endemik, baik yang dilindungi maupun yang tidak dilindungi, tetapi jumlah satwa langka yang ada di Indonesia semakin sedikit dan menurun populasinya salah satunya disebabkan perdagangan ilegal satwa liar didalam maupun keluar negeri, melibatkan warga negara lain melalui jaringan sindikat. Penelitian ini mengkaji penyebab maraknya perdagangan ilegal satwa liar, untuk mengetahui aspek hukum perdagangan illegal satwa liar, mengidentifikasi hambatan pemberantasan perdagangan illegal satwa liar, serta rekomendasikan pencegahan dan penindakannya. Menggunakan metode penelitian yuridis normatif dengan analisis deskriptif kualitatif. Hasil dari penelitian terkait faktor penyebab maraknya perdagangan illegal satwa liar disebabkan faktor ekonomi, lingkungan, lemahnya regulasi dan rendahnya sanksi yang dijatuhkan bagi pelaku kejahatan. Indonesia telah meratifikasi CITES dan menerbitkan peraturan baik Undang-undang maupun PP, sebagai tindak lanjut CITES untuk pengaturan secara teknis terkait perdagangan tumbuhan dan satwa liar telah diluarkan Keputusan Menteri Kehutanan. Ada tiga aspek hukum terkait perdagangan illegal satwa liar yaitu aspek hukum pidana, administratif, dan tindak pidana pencucian uang. Tetapi, praktek pemberantasan perdagangan illegal satwa liar mengalami hambatan, diantaranya masyarakat tidak taat peraturan/hukum, lemahannya regulasi yang hanya mengatur subyek hukum orang, belum memasukkan korporasi sebagai subyek hukum, serta pengaturan denda yang terlalu kecil. Penegakan hukum yang lemah, berupa rendahnya vonis hakim sehingga tidak menimbulkan efek jera. Serta, tidak adanya kerangka hukum yang menyeluruh untuk penanganan perdagangan ilegal satwa liar bersamaan dengan TPPU mengakibatkan terbatasnya yurisdiksi penyelidikan, penuntutan dan penjatuhan sanksi bagi pelaku dikaitkan dengan TPPU. Solusi yang harus dilakukan yaitu evaluasi dan perubahan regulasi, melakukan koordinasi lebih intensif antar institusi dan memperluas kerjasama internasional
Legal Protection of Inventors on Patent Rights for Defense and Security Equipment Within the Indonesian National Army
Get PDFThe legal protection provided by the state through Law Number 65 of 2024 concerning the Third Amendment to Law Number 13 of 2016 on Patents, specifically regarding Defense and Security Equipment (Alpalhankam) related to national defense and security, is explicitly and implicitly outlined in Article 109 Paragraph (1) letter a of the Patent Law. This provision affirms the Government\u27s authority to independently implement patents in Indonesia when deemed necessary for national defense and security interests. In such cases, patent holders are restricted from exercising their exclusive rights. To ensure the confidentiality of Alpalhankam patents and to safeguard the moral and economic rights of inventors whose patents are appropriated by the Indonesian government, it is essential to establish a dedicated patent management body under the Ministry of Defense. This model follows practices adopted by countries such as China and South Korea
The Effectiveness of the Notary\u27s Role in the Inheritance Distribution Process in Society: A Comparative Study Between Batak Toba Customary Law and Civil Law
Get PDFThis paper aims to find out and analyze the role of notaries in the process of distributing inheritance to the community, especially to the Toba Batak Customary Law and Civil Law and how to implement the Toba Batak customary inheritance law itself to people living outside their customary territory. The inheritance system in the Batak Toba community adheres to a patrilineal system where children born in the Batak Toba tribe will inherit their fathers where the correct ones who are considered heirs are sons. Along with the development of the times, that the inheritance system in the Batak Toba community itself has changed, especially for urban communities where for urban communities the Batak Toba tribe follows the national law, namely the Civil Code, where the distribution of inheritance for boys and women will get the same share
Restorative Justice Approaches in Criminal Law: Effectiveness and Societal Perceptions in Contemporary Legal Systems
Get PDFThis study aims to analyze the effectiveness of the restorative justice approach in the contemporary criminal law system and examine public perception of its application. Restorative justice is an alternative approach to the retributive criminal law system that emphasizes the restoration of relationships between perpetrators, victims, and society through dialogue, mediation, and shared responsibility. In recent decades, this approach has been widely adopted in various countries in response to the limitations of the conventional criminal system in resolving conflicts in an ongoing manner. The research methods used include qualitative studies through legal policy analysis, case studies, and empirical literature review on restorative justice programs in a number of jurisdictions. The results of the study show that the restorative justice approach has significant effectiveness in reducing recidivism rates, increasing victim satisfaction, and strengthening social cohesion. However, public perceptions of this approach still vary, influenced by factors of legal culture, the level of public trust in law enforcement agencies, and the understanding of the concept of inclusive justice. This study recommends the need for strengthening regulations, training for law enforcement officials, and public education as a prerequisite for the effective integration of restorative justice in the modern criminal justice syste
The Role of International Cooperation in the Enforcement of Anti-Terrorism Laws
Get PDFThis study examines the role of international cooperation in anti-terrorism law enforcement in response to the complexity of terrorism threats that are transnational and transnationally organized. Using normative research methods that focus on the analysis of laws and regulations and international legal instruments, this study examines the effectiveness of cooperation mechanisms between countries in strengthening law enforcement and preventing acts of terrorism. The findings of the study show that international cooperation, through intelligence exchange, legal harmonization, extradition, and technical capacity building of law enforcement officials, makes a significant contribution to strengthening the effectiveness of anti-terrorism law enforcement. However, challenges in the form of differences in political interests, domestic legal constraints, and state sovereignty issues are still the main obstacles. This study recommends strengthening inclusive cooperation mechanisms based on respect for international norms as a strategic step to deal with the dynamics of terrorism threats globally. Thus, international cooperation is not only a tool of law enforcement but also a key element in terrorism prevention strategies
Challenges in Enforcing Surrogate Agreements and Surrogate Mothers in Indonesia
Get PDFThis study discusses the legal challenges in the practice of surrogacy in Indonesia from the perspective of positive law and maqāṣid syarī‘ah. The background to the issue stems from the increasing need of infertile couples for alternative reproductive technologies, while regulations in Indonesia still prohibit and have not comprehensively regulated this practice. Surrogacy is considered socially taboo and contrary to religious values, thereby creating a legal vacuum that poses risks to all parties, especially the child and the surrogate mother. The methodology used is a legal-normative and sociological approach, with the main theories being contract law, the principle of ijarah, and maqāṣid syarī‘ah. A comparison is made with Iran’s legal system, which regulates surrogacy through state-recognized contractual mechanisms, unlike Indonesia, which remains restrictive. The research findings indicate that the absence of explicit regulations in Indonesia creates legal uncertainty, opens the door to exploitation, and fails to guarantee the rights of children and surrogate mothers. Conversely, Iran has established strict yet clear legal and religious requirements, thereby providing legal certainty and better protection. The discussion addresses five research questions and demonstrates that the ban on surrogacy in Indonesia contradicts medical realities and societal needs. This study recommends a contract model based on maqāṣid syarī‘ah and the principle of ijarah, which is non-commercial in nature, to bridge the gap between positive legal requirements, religious values, and technological developments. In conclusion, Indonesia needs responsive, ethical, and religiously-based surrogacy regulations to prevent exploitation and ensure justice for all parties involved
Incompleteness of Norms Regarding the Deadline for Cancellation of Certificates Above 5 Years in the Context of Land Law Certainty
Get PDFThe government has clearly stated the purpose of land registration through the Basic Agrarian Law. This law applies to all regions in Indonesia. It ensures legal certainty for the community. Article 19, paragraph (1) clearly states this. The following articles regulate the stages prior to the issuance of certificates. First, the land area is measured. Then, a map is created in printed form. Once the mapping stage is complete, the data is recorded in a register. The land registration system is inadequate. This has led to overlapping land ownership and procedural errors in land registration. As a result, there are administrative defects in land certificates. These administrative defects can render certificates invalid. Land disputes are common and take a long time to resolve, particularly those related to the invalidation of certificates that have been invalid for more than five years. The application and implementation of policies for resolving these disputes lack complete regulations or have incomplete legal norms. This leads to legal uncertainty in the resolution and ownership of the lan