Ejournal Universitas Warmadewa
Not a member yet
5210 research outputs found
Sort by
Perlindungan Perlindungan Terhadap Perempuan Korban Kekerasan Berbasis Gender Online Dalam Era Digital
No full textIn today’s digital era, sexual violence crimes often occur in cyberspace. Based on the annual records of the National Commission on Violence Against Women, reports of cases of online gender-based violence have increased in the last five years. Cyberspace is currently not a safe space for women. As a basic law, the Indonesian Constitution of 1945 explicitly regulates the right to a sense of security and protection for everyone. The methods used in this study are normative juridical using a legislative approach and a case approach. The purpose of this study is to provide legal arguments regarding whether an event is right or wrong and how the event should be according to law. Based on the results of the study, in law enforcement, law enforcement officers often use the electronic information and transactions law and the pornography law which results in victims being in a vulnerable position. The negative stigma from society and criminalization of victims result in a minimum of cases being resolved through litigation so that victims do not get the right to handling and recovery as mandated by the law on sexual violence. The state must guarantee a safe space for women in cyberspace. The state must carry out its commitment to provide justice and restitution to victims as mandated by law. For the sake of legal certainty, the government must immediately ratify the implementing regulations of the law on sexual violence. Provide socialization to the public regarding the law on sexual violence to increase public legal awareness and improve the competence of law enforcement officers by providing training in handling cases of online gender-based violence
Putusan Nihil Ditinjau melalui Perspektif Teori Kepastian Hukum
No full textKeputusan hakim merupakan hasil dari proses peradilan pidana yang melibatkan pertimbangan hakim secara lisan maupun tertulis. Pentingnya keputusan hakim untuk mematuhi prinsip-prinsip tertentu, termasuk stabilitas, yang merujuk pada kestabilan sosial sebagai dampak dari keputusan tersebut. Hakim perlu mempertimbangkan dasar filosofis, yuridis, dan sosiologis, terutama dalam konteks teknis yudisial. Oleh karena itu, keputusan hakim harus memperhatikan aspek-aspek formal, terutama sesuai dengan ketentuan yang tercantum dalam KUHAP. Dalam konteks perkara pidana, KUHAP mengatur bahwa keputusan hakim dapat berupa pemidanaan, pembebasan dari tuntutan hukum, atau putusan bebas. Namun, eksistensi vonis nihil, seperti yang terjadi dalam kasus Dimas Kanjeng, dianggap sebagai suatu permasalahan yang kompleks. Praktik putusan ini mengklaim merujuk pada Pasal 10 KUHP yang membatasi kumulatif hukuman penjara paling lama 20 tahun. Namun, praktik putusan nihil sebenarnya menjadi ancaman bagi kepastian hukum dalam paradigma hukum civil law. KUHAP tidak memberikan pedoman yang jelas mengenai vonis nihil, yang menyebabkan ketidakpastian dalam interpretasi hukum. Idealnya, KUHAP seharusnya mengatur dengan jelas bentuk-bentuk putusan yang mungkin terjadi untuk menjaga kepastian hukum. Praktik putusan nihil juga mengganggu stabilitas hukum acara pidana atau hukum prosedural pidana itu sendiri. Prinsip interpretatif dalam putusan nihil menjadi kontroversial karena sering kali tidak digunakan dengan tepat. Mengingat bahwa interpretasi dalam putusan nihil berkaitan dengan masalah sistemik dalam KUHAP, hal ini seharusnya menjadi isu yang memerlukan reformasi dalam hukum acara pidana. Tulisan ini mengulas regulasi vonis nihil yang menciptakan ketidakjelasan dan ketidakpastian dalam peraturan tentang putusan pemidanaan nihi
Defense Infrastructure Development Strategy in the Ibu Kota Nusantara Area
No full textThis study explores the defense infrastructure development strategy in the Ibu Kota Nusantara (IKN) area, focusing on the current state, challenges, opportunities, and strategies for enhancement. The IKN area, strategically positioned amidst geopolitical tensions and technological advancements, presents a unique context for analyzing defense infrastructure. The research employs qualitative methods using secondary data, including policy documents, infrastructure reports, and scholarly articles. The findings reveal a well-distributed network of military installations and strategic assets in the IKN area, which enhances readiness but also exposes vulnerabilities such as geopolitical tensions and technological risks. Challenges include navigating complex geopolitical rivalries, integrating advanced technologies, and addressing environmental impacts. Opportunities exist in leveraging collaborative partnerships, adopting innovative technologies, and implementing sustainable practices. Strategies for enhancing resilience and effectiveness include adopting eco-friendly design principles, multi-layered defense planning, and capacity-building programs. The study concludes that a focused approach on resilience and adaptability is crucial for improving defense infrastructure and maintaining long-term security in the IKN area
RECONSTRUCTION OF BPHTB PAYMENT ARRANGEMENTS IN THE PROCESS OF BUYING AND BUYING RIGHTS TO LAND AND/OR BUILDINGS LINKED TO THE AUTHENTICITY OF PPAT DEEDS
No full textThe problem that arises in this research is related to when Acquisition Duty of Right on Land and Building (BPHTB) payments occur and is related to the validity of the sale and purchase deed made by Lande Deed Officials (PPAT), which in this case is a problem, namely that there is a conflict of norms between Article 90 and Article 91 paragraph (1) of Regional Taxes and Regional Levies () Law. Based on these conditions, the legal issues raised are to examine and analyze (1) the philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings; (2) legal norms governing BPHTB payments in the process of buying and selling rights to land and/or buildings; and (3) reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally. The research method used is the normative legal research method. The results of the research show that (1) The philosophical basis of BPHTB in the process of buying and selling rights to land and/or buildings is Pancasila and the 1945 Constitution of the Republic of Indonesia. The further philosophical basis is explicitly according to the General Explanation of the PDRD Law intended to encourage regional revenues and increase the effectiveness of BPHTB payments. Therefore, buyers of land rights are required to pay BPHTB first before a sale and purchase deed is drawn up by PPAT; (2) The legal norms governing BPHTB payments in the process of transferring rights to land and/or buildings through buying and selling are contained in Article 90 paragraph (1) letter a of the PDRD Law which conflicts with the norms of Article 91 paragraph (1) of the PDRD Law. The norm in Article 90 paragraph (1) letter a of the PDRD Law determines when the tax payable will be due to buyers of land rights. Meanwhile, Article 91 paragraph (1) of the PDRD Law requires buyers to pay BPHTB tax first before signing the sale and purchase deed before the PPAT. This is intended so that buyers comply with their obligations to pay BPHTB tax and to degrade the PPAT deed if it is signed before paying BPHTB tax, and (3) Reconstruction of BPHTB payment arrangements in the process of buying and selling rights to land and/or buildings legally can be carried out by amending the provisions of Article 91 paragraph (1) of the PDRD Law which allows buyers to have a sale and purchase deed made by PPAT, but PPAT is obliged to ensure that the buyer obediently pay BPHTB taxes. Novelty from the research is the reconstruction of Article 91 of the PDRD Law so that it is in accordance with Article 90 of the PDRD Law
The Analysis of the Demographic Bonus Law on Improving Company Employment Relations
No full textEvery country has a different population. Residents are all people who live in the territory of a country for six months or more and stay temporarily or permanently for different purposes. Population is very important to support the activities of a country, including to improve the performance of the area where the population lives. The existence of the population is also very important in carrying out a company's performance activities, especially in the implementation of labor relations... At the time of the Demographic Bonus, the age of the productive population dominates compared to the age of the unproductive population. The Demographic Bonus, also known as the "demographic dividend," refers to a period of economic growth that can occur when a country's working-age population (15-64 years old) is larger than the dependent population (children and the elderly). This demographic structure creates a window of opportunity for accelerated economic development because there are fewer dependents to support, allowing for greater investment in education, healthcare, and infrastructure.This research aims to analyze and examine Indonesia's readiness to face the demographic bonus as well as Indonesia's strategy to become a developed country through the momentum of the Demographic Bonus. Based on current data and conditions, Indonesia still needs to prepare everything including strategies that support its progress and avoid everything that brings Indonesia closer to its decline, especially during the Demographic Bonus momentum
Accountability of the Sharia Supervisory Board (DPS) in Managing Sharia Accommodation Based on DSN-MUI Fatwa No. 108 of 2016 on Sharia Tourism (Case Study: Sharia Hotels in Medan City)
No full textThis study aims to analyze the accountability/responsibility of the Sharia Supervisory Board (DPS) in overseeing the operations of Sharia accommodations, with a specific focus on Sharia hotels in Medan City. The primary question addressed in this research is how the DPS fulfills its responsibility in ensuring the compliance of Sharia hotel operations with the principles outlined in DSN-MUI Fatwa No. 108 of 2016 on Sharia Tourism. This study employs a qualitative approach using a case study method. Data were collected through interviews, direct observations, and analysis of relevant documents. Interviews were conducted with DPS members, Sharia hotel management, and other related stakeholders to gain a deep understanding of DPS oversight implementation. The findings reveal that DPS plays a crucial role in monitoring the implementation of Sharia principles in Sharia hotels. However, challenges such as limited resources and uneven understanding among DPS members hinder effective oversight. The study highlights the need for capacity building and better coordination between DPS, hotel management, and other stakeholders to enhance accountability and ensure compliance with DSN-MUI fatwas. Effective DPS oversight can improve service quality, public trust, and the sustainability of Sharia hotel operations
SANCTIONS FOR PAWN PERPETRATORS OF EMBEZZLEMENT FROM THE PERSPECTIVE OF ISLAMIC CRIMINAL LAW
No full textRecently, there have often been criminal acts of possession or crimes against property which have attracted the attention of many people in Indonesia, especially the crime of criminal possession of motor vehicles. As defined in the Dutch language, healing is an act in the form of buying, receiving a pawn, pledging, receiving as a gift, hiding, storing, carrying, transporting, offering goods that are or are suspected of originating from a crime. The type of research in this study uses normative legal research, with a qualitative approach and the data sources used are primary data sources and secondary data sources with data collection techniques in the form of library studies. From the research conducted by the author, it can be concluded that it can be concluded based on the verses of the Qur'an and the hadith of the Prophet Muhammad above, that Islam allows pawning (rahn) provided that it is not used in a crime. In this case, the case previously described has been included in the category of crimes prohibited by Islam. So there is binding Islamic law along with sanctions that can be given to suspects. The crime of theft and detention is behavior that violates Islamic law which can be categorized as jarimah ta'zir. The aim of implementing the law for suspects is to obtain happiness in this world and the hereafter. Based on the opinion of Fiqh experts, it is stated that the punishment for people who commit crimes whose punishment is not regulated in the Al-Qur'an and Sunnah is ta'zir punishment. There are three forms of ta'zir punishment, namely: (1) punishment relating to the body, (2) punishment relating to a person's freedom, (3) punishment relating to property
Legal Protection of Copyright and Trademark Rights In the Goods Business
No full textThis research explores various aspects of legal protection for copyright and trademark rights in the goods business, as well as efforts to strengthen this protection. This study aims to answer several key questions, including the effectiveness of existing legal frameworks in protecting copyright and trademarks, as well as the challenges faced in enforcing these rights in the global marketplace. This research specifically identifies gaps in regulation and problems such as inconsistent law enforcement, inadequate protection of new innovations, and difficulties in effectively addressing rights violations. By detailing these issues, this study aims to provide strategic recommendations that can address deficiencies in current legal protection and increase support for rights owners in the goods industry. Effective legal protection in these areas supports innovation and creativity, fosters consumer trust, and contributes to economic growth. However, the enforcement of these rights faces challenges, especially with the rise of digital platforms and global markets, which can complicate both infringement and enforcement processes
Implications of the Pre-Wedding Photographer Profession Perspective of the Fatwa Commission of the Indonesia Ulema Council of North Sumatra Province Decree Number: 03/KF/MUI-SU/IV/2011 Regard: Pre-Wedding Photo
No full textThis study analyzes the implications of the Indonesian Ulema Council (MUI) decision regarding pre-wedding photos on the profession of photographers in North Sumatra Province Decision Number: 03/KF/MUI-SU/IV/2011 Regarding: Pre-Wedding Photos:This study aims to analyze the implications of the decision of the Fatwa Commission of the Indonesian Ulema Council (MUI) of North Sumatra Province regarding pre-wedding photos on the profession of photographers in the region. Decision Number: 03/KF/MUI-SU/IV/2011 establishes ethics and limitations for photographers in taking pre-wedding photos based on an Islamic perspective. The study employs a juridical-empirical approach with qualitative research methods to understand the impact of the decision on professional practices of photographers. Data is collected through in-depth interviews with photographers, religious scholars, and engaged couples, as well as analysis of documents related to the MUI decision. The research findings indicate that the MUI decision significantly impacts the photographer profession. Photographers must adjust their practices according to the principles set out in the MUI decision, such as avoiding poses and clothing that do not align with Islamic values. However, this decision also presents challenges for photographers in meeting diverse client demands. This study provides important insights into the relationship between religious norms and the photographer profession within a local cultural context, as well as recommendations for photographers to adapt to the MUI decision while remaining professional and respecting religious values
Juridical Analysis of the Decision of PTUN Number: 93/G/2019/PTUN-MDN concerning Disrespectful Dismissal and the Application of the Non-Rectoractive Principle in the Perspective of Fiqh Siyasah
No full textThis research analyzes the Decision of the State Administrative Court (PTUN) Number 93/G/2019/PTUN-MDN, which relates to cases of dishonorable dismissal of employees and the application of the non-retroactive principle. This research uses a normative juridical approach to evaluate how the PTUN applies the principle of non-retroactivity in the context of administrative law and the principles of administrative justice. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate these decisions from the perspective of Fiqh Siyasah, namely public law in Islam. This research aims to examine the suitability of PTUN decisions with the principles of administrative law and non-retroactive principles and to evaluate the decision from the perspective of Fiqh Siyasah, namely public law in Islam. A normative juridical approach is used to analyze the relevant legal norms and the principles of Fiqh Siyasah applied in the decision. This research assesses the application of the non-retroactive principle in the context of employee dismissal and how PTUN decisions are in accordance with the principles of justice and legal certainty. PTUN Decision Number 93/G/2019/PTUN-MDN shows the correct application of the non-retroactive principle, namely that administrative actions such as dishonorable dismissal must be based on the regulations in effect at the time the action was carried out, not the regulations in effect afterwards. Implementation of this principle protects employee rights and ensures certaint