Ejournal Universitas Warmadewa
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Boosting Novice Voters: Strategy of the Independent Election Commission for the 2024 General Election in West Aceh District
No full textThis comprehensive study examines the strategies employed by the Independent Election Commission (IEC) to boost the participation of novice voters in the pre-election phase leading up to the 2024 General Election in West Aceh District. Novice voters aged 17 to 21 play a significant role in measuring electoral efficacy and vitality. Recognized by political stakeholders, their engagement affects the electoral landscape due to their diverse characteristics and challenges compared to previous generations, such as lack of interest, awareness, knowledge, and apathy. So, this research was carried out to analyze the strategies used by the IEC towards novice voters. This study adopts David's (2004) strategy theory in strategic management, which includes formulation, implementation, and evaluation. Conducted in West Aceh Regency, this study examines the initiatives and challenges of the IEC in engaging novice voters. Through careful empirical data analysis, this study aims to improve the electoral process and consolidate democracy in Indonesia. The research findings reveal insights into the effectiveness of the IEC's strategies and highlight areas for improvement. This study provides valuable insights for future election planning, encouraging more equitable and inclusive practices. However, several problems in its implementation need to be resolved, mainly the need for more human resources and budget
CONSTRUCTION OF THE EXECUTION ARRANGEMENTS OF LABOR RELATIONS COURT DECISIONS ON TERMINATION OF EMPLOYMENT RELATIONS IN THE TOURISM ACCOMMODATION FIELD BASED ON LEGAL PROTECTION
No full textThis means that there is no law, including the PPHI Law, which specifically regulates the execution of Labor Relations Dispute decisions. As a result, workers affected by layoffs are not guaranteed legal protection with regard to the application of Labor Relations Dispute Decisions (also known as PHI Decisions) in layoff disputes. Instead, it is currently unregulated (empty norms). Based on these conditions, the legal issues raised in this research are to analyze (1) the nature of the execution of PHI decisions in layoffs at Tourism Accommodation Companies; (2) The usefulness and legal certainty of executing PHI decisions for workers at Tourism Accommodation Companies; and (3) construction of arrangements for the execution of PHI decisions to offer defense against layoffs at lodging and tourism businesses. Normative legal research is the methodology employed in this study. The research findings indicate that (1) Ensuring the protection of workers' fundamental rights, as well as equal treatment and opportunity without discrimination based on any basis, is crucial to carrying out PHI decisions related to layoffs at tourism accommodation companies. This is done while keeping an eye on advancements and ensuring the welfare of workers and their families. the business world, especially the tourism accommodation business; (2) The usefulness and legal certainty of the execution of PHI decisions for workers at Tourism Accommodation Companies which have permanent legal force must be able to provide benefits for workers who have been laid off so that the decision does not cause unrest and chaos in the lives of people seeking justice, especially groups of workers who were laid-off. The execution of PHI decisions does not yet have legal certainty because the company as the defeated party generally does not carry out the contents of the decision voluntarily. Apart from that, the execution norms have not yet been regulated; and (3) Construction of arrangements for the execution of PHI decisions to provide legal protection in the layoff process at Tourism Accommodation Companies is carried out in accordance with Article 57 of the PPHI Law to complete the empty norms in the PPHI Law. The empty norms are due to Article 57 of the PPHI Law which refers to the absence of civil procedural law, especially regarding the execution of PHI decisions
ANALYSIS OF TIKTOKSHOP CLOSURE POLICY IN SOCIAL COMMERCE AL ISTIHSAN'S PERSPECTIVE
No full textThe policy of closing Social Commerce TikTokShop is an intriguing phenomenon to be analyzed from the perspective of Al Istihsan. This study employs a normative juridical approach with a library research method to elucidate the impact of this policy on legal provisions, particularly Permendag No.31/2023, and the concept of Al Istihsan in Islamic law. Primary legal materials used in this research are relevant legal provisions related to the operation of TikTokShop, particularly Permendag No.31/2023. In the analysis, the author details the violations committed by TikTokShop against these regulations. Additionally, the author utilizes the concept of Al Istihsan as an alternative legal foundation to evaluate the TikTokShop closure policy. Through the library research method, the author outlines research findings from various sources such as books, magazines, journals, articles, and internet sources relevant to the discussed issue. The analysis results indicate that the closure of TikTokShop can be interpreted as an action inconsistent with the concept of Al Istihsan, which emphasizes justice, public interest, and the fair application of law.This research contributes to the understanding of the legal implications of the TikTokShop closure policy and illustrates the relevance of the Al Istihsan concept as an alternative perspective in evaluating legal actions. Therefore, this research is expected to serve as a reference for researchers, legal practitioners, and policymakers in designing more balanced and effective regulations in the current digital era
Legal Review of Transitional Principles (Lex favor reo) in the Criminal Code
No full textChanges in criminal law through the recodification process have resulted in the National Criminal Code. One of the main differences with the Wetboek van Strafrecht Criminal Code (WvS The application of the lex favor reo principle is connected to the Criminal Code. The National Criminal Code's Article 3's lex favor reo principle, which is applied as part of criminal law reform, is conceptually intended to safeguard all Indonesian citizens. In order to investigate legal ideas connected to the lex favor reo principle, this study employs normative juridical research using a conceptual approach. According to the study's findings, Article 3 of the National Criminal Code verifies that any modifications to the law made after a criminal conduct has been committed but before the verdict is handed down, then the provisions that are most favorable to the defendant must be applied. This arrangement is a concrete form of the lex favor reo principle, which aims to provide legal certainty and justice for the defendant
Unlawful Acts as a Result of Payment of Compensation Through Royalty Rights Perpsective of Law Number 28 Year 2014 Copyright
No full textThis research focuses on the analysis of compensation through the payment of copyright royalties on music works in the perspective of Law No. 28 of 2014 on Copyright. musical works in the perspective of Law No. 28 of 2014 on Copyright. This research aims to understand how the law regulates the payment of royalties as a form of compensation to music creators and provides protection and compensation to music creators through the provide protection and compensation to music creators through royalty payments and also This research also aims to analyze the study of Decision No. 122/PK/Pdt. Decision Number 122/PK/Pdt.Sus-HKI/2015/PN.Niaga.Jkt.Pst in which there is a case of Royalty Payment Dispute. The verdict is a case of Dispute over Royalty Payments on the Copyright License of Inul Vizta Karaoke VS Yayasan Karya Cipta Indonesia (YKCI) which PT. Vizta Pratama Inul Vizta Karaoke Manado was sentenced to pay royalty compensation to Yayasan Karya Cipta Indoensia in the amount of Rp15,840,000.00 (fifteen million eight hundred forty thousand rupiah). Through the juridical research method normative research method, this research explores the interpretation and implementation of the law in the context of of the law in the context of royalty payments for copyrighted musical works. The results The results of this research are expected to provide a better understanding of the the rights and obligations of the parties in the context of musical copyright and provide recommendations for the improvement and enhancement of copyright protection in And also expected to increase knowledge for readers and provide awareness for the Indonesian people to better appreciate the and also expected to add knowledge for readers and provide awareness for the people of Indonesia to better appreciate the creators of songs or music by paying royalties or music copyright. song or music by paying royalties or no longer pirate, imitating, falsifying, or recognizing as his own creations on the copyright of others or licensees of the copyright of others. copyright of others or the license holder of the creatio
Review of Islamic Criminal Law on Criminal Sanctions for Persecution of Jumping Bastards in Belawan (Study Decision Number: 559/Pid.B/2022/Pn.Mdn.)
No full textThis study examines how judges determine criminal sanctions for perpetrators involved in the persecution of jumping squirrels under Islamic Criminal Law, focusing on Case Decision Number 559/Pid.B/2022/PN. Mdn. Using a normative legal research method, this literature-based analysis scrutinizes primary and secondary legal materials through a case and analytical approach. The study reveals that the judge classified the perpetrator's actions as 'persecution that resulted in death,' leading to a 5-year prison sentence, which was reduced due to the perpetrator's polite behavior and remorse. According to Article 351 Paragraph (3) of the Criminal Code, the standard penalty for persecution causing death is 7 years in prison. The judge's decision deviates from this guideline, reflecting a more lenient approach possibly influenced by the perpetrator’s conduct and regret. Under Islamic Law, such acts fall under 'murder by mistake,' where the perpetrator, lacking intent to kill, causes death through negligence. In Islamic Criminal Law, this would typically warrant diat (compensation), not ta’zir (discretionary punishment). However, since Indonesian law does not fully adhere to Islamic principles, the ta’zir punishment is deemed appropriate within the Indonesian legal context. This research contributes to legal development in Indonesia and serves as a reference for future studies on similar themes, advocating for better alignment and understanding between Islamic and national legal practices
The Crime of Corpse Theft in Cemeteries in the Perspective of Islamic Criminal Law
No full textThe theft of corpses in Indonesian cemeteries, often for black magic and rituals, is a growing concern. The Criminal Code (KUHP) penalizes this act with up to one year and four months in prison and a fine of 4,500 rupiahs under Article 180. The Draft Criminal Code proposes harsher penalties, including up to two years in prison and a higher fine, under Article 271. This study examines corpse theft from the perspective of Islamic criminal law and assesses the relevance of current KUHP sanctions. The findings reveal that Islamic law strictly prohibits corpse theft, categorizing it as a serious violation of human dignity and a jarimah hudud crime for sariqah, rather than jarimah ta'zir. However, ta'zir sanctions apply if the conditions for hudud are unmet. This research aims to contribute to the discourse on the various forms of theft in society, emphasizing the importance of context and the evolving nature of legal issues in Islamic criminal law
Analysis of Health Istitha'ah For the Postponement of The Departure of Hajj Pilgrims According to The Perspective of Fiqh Siyasah
No full textThe Indonesian government has made health istitha'ah a mandatory condition for the Hajj pilgrimage. On January 9, 2024, the government updated the regulations concerning health istitha'ah, making it a prerequisite for the repayment of BIPIH (Hajj costs). This research uses normative research methods or library research from various trusted sources. The results of this research show that the government made changes to regulations because many Indonesian Hajj pilgrims died in the holy land in the past, and it is hoped that this change can prevent Hajj pilgrims from dying. This new regulation is not intended to make things difficult for Hajj pilgrims, their departure will only be postponed and put back in the queue, and if the following year they have recovered, they can depart. According to Siyasah Fiqh, this change is good, because it prioritizes the safety of the Hajj pilgrims. Apart from that, this decision is also in line with the rules in Al-Darurah Fiqh, namely, avoiding damage takes priority over achieving benefit
Accountability of The Government of The Republic of Indonesia For Illegal Migrant Workers
No full textThe accountability of the Indonesian government towards illegal migrant workers. This study examines how the government is accountable to illegal Indonesian migrant workers. This study aims to find out the causes, obstacles, and legal protection of illegal Indonesia migrant workers. This study uses a normative approach used to examine the protection of migrant workers in the context of government accountability for illegal migrant workers. The data sources used are primary data and secondary data and data analysis using qualitative descriptive analysis. The results of the study can be concluded that illegal Indonesian migrant workers do not receive strong legal protection and accountability from the government like legal migrant workers. This study recommends the need for stricter supervision of institutions that open service services to work abroad and for the public to be aware of false information about the rapid departure of Indonesia's migrant workers
Implementation of Tropical Architectural Concepts as a Basis for Design of the Pantai Pasir Putih Tourism Area
No full textIndonesia, being the largest archipelagic nation, has exceptional natural resources that can be used as a standard for the growth of the tourism industry. The Pasir Putih Tourist Destination in Bolaang Mongondow Regency is a natural-maritime tourist area that emphasizes outdoor tourism and recreational activities. Currently, the Pasir Putih Destination Area needs serious attention because of its limited capacity for efficient usage as a vital tourism area. The Bolaang Mongondow Regency is an a part of the North Sulawesi Province. The limited visitor numbers, deterioration of tourist amenities, and inadequate facilities and infrastructure made the Pasir Putih tourism site very unappealing to both domestic and local tourists. The purpose of this research is to examine a tropical architectural approach that can be implemented as a basis for creating the Pasir Putih tourist destination that is able to accommodate all visitors' needs. This study employs qualitative methodologies, utilizing data collection techniques such as literature reviews, observations, interviews, and comparison analyses. The results of the research show that to make the Pasir Putih Beach area a tourist destination that is able to accommodate all visitors' needs, facilities and infrastructure that are in accordance with the suitability standards of the tourist destination area need to be equipped. The tropical architecture approach is implemented to overcome tropical climate problems, especially in coastal areas by planting vegetation, cooling at night, minimizing heat gain from solar radiation in buildings, maximizing heat release in buildings, and implementing tropical designs for beachfront buildings