Ejournal Universitas Warmadewa
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Penerapan Sanksi Hukum Terhadap Pelaku Pencabutan Penjor Sebagai Rangkaian Upacara Galungan Pada Umat Beragama Hindu di Desa Adat Taro Kelod Kabupaten Gianyar
No full textIndonesia as a rule-of-law country has statutory regulations, relating to criminal sanctions and sentencing. In addition, some laws apply throughout the area called Customary Law, including in Bali. Perpetrators of the destruction of goods as well as religious blasphemy can be punished with the general criminal code or, in comparison with the Applicable Customary Law. This research examines 2 things: 1) How is the existence of the Hindu religious community in carrying out its obligations and legal protection for Hindu religious people in terms of Human Rights? and 2) What is the application of legal sanctions in the event of the revocation of the penjor for Hindus in the Taro Kelod Village area, Gianyar Regency? The method used in this research is Empirical Research. The purpose of this research is to emphasize the study of the protection of penjor removal victims in Taro Kelod Village, Gianyar. With the results of the study showing that a person deliberately destroys goods together and harms someone, it is possible to be subject to Article 170 paragraph (1) and Article 156A letter A concerning religious blasphemy, because the penjor being revoked is a sacred symbol and has religious meaning for Hindus
Hukum Perlindungan Anak Ditinjau Dari Perspektif Pendidikan
No full textPenelitian ini bertujuan untuk mendeskripsikan terkait hukum perlindungan anak yang ditinjau dari perspektif pendidikan. Metode penelitian menggunakan penelitian tipe yuridis normatif dengan sumber data berupa data sekunder dan data primer. Analisis data menggunakan pendekatan kualitatif yaitu mendeskripsikan dan mengintepretasi data yang diperoleh. Penelitian ini membahas pertama, hak anak dalam mendapatkan pendidikan; kedua, pengaturan terkait hukum perlindungan anak dalam memperoleh pendidikan; ketiga membangun kesadaran hukum di sekolah; keempat, peran keluarga dan masyarakat dalam membangun kesadaran hukum anak. Kesimpulan dari penelitian terkait perlindungan mengenai hak anak di atur dalam 1) Undang-Undang Dasar Republik Indonesia Tahun 1945; 2) Undang-Undang Nomor 23 Tahun 2002 tentang Perlindungan Anak; 3) Undang-Undang Nomor 20 Tahun 2003 tentang Sistem Pendidikan Nasional; 4) Undang-Undang Nomor 35 Tahun 2014 tentang Perubahan atas Undang-Undang Nomor 23 Tahun 2002 Tentang Perlindungan Anak; 5) Peraturan Menteri Pemberdayaan Perempuan dan Perlindungan Anak Nomor 12 Tahun 2011 tentang Indikator Kota Layak Anak; dan 6) Peraturan Menteri Pemberdayaan Perempuan dan Perlindungan Anak Nomor 8 Tahun 2014 Tentang Kebijakan Sekolah Ramah Anak. Dalam membangun kesadaran hukum anak perlu adanya kerjasama antara pihak keluarga, sekolah, dan masyarakat agar melahirkan anak yang berkesadaran hukum, berbudi pekerti luhur, dan berkarakter
Keadilan Restoratif Sebagai Upaya Penyelesaian Tindak Pidana Dalam Sistem Hukum di Indonesia
No full textThe justice that has been taking place in the criminal justice system in Indonesia is retributive justice, while what is expected is restorative justice, namely a process where all parties involved in a particular criminal act work together to solve the problem, how to deal with the consequences in the future, not yet regulated by strict norms that prevent criminal cases from having to be resolved outside of court using restorative justice. Based on the background above, researchers are very interested in studying: 1) How is the development of restorative justice in the Indonesian legal system? and 2) What are the principles of restorative justice in resolving criminal cases in Indonesia? The type of research used in this research is normative legal research. The development of restorative justice in the Indonesian legal system is based on the lack of satisfaction from the existing criminal justice system process, where it is felt that it does not meet the needs of the community, because in a criminal justice system process the parties in conflict are not involved but only involve between perpetrators and the state. Victims and the community are not involved in conflict resolution, in contrast to the principle of restorative justice where victims and the community are also involved in conflict resolution. The principle of restorative justice in resolving criminal cases in Indonesia is not something relatively new in Indonesia because it is a dispute resolution model which is one type of alternative punishment in the criminal law system in line with the aim of criminal sanctions according to the concept of customary law, namely restoring cosmic balance, balance between The world was born with the supernatural world, to bring a sense of peace between fellow citizens or between members of society and their community
Critical Analysis of The Republic of Indonesia Police in The Implementation of Cybercrime Law in Indonesia
No full textThe purpose of this research, which is based on an evaluation of Indonesia's cybercrime legislation, is to examine the difficulties encountered by the Indonesian National Police in carrying out their duties to combat cybercrime and computer crime, and to draw conclusions about how recent technological advancements have contributed to an increase in both the frequency and severity of these crimes. This study employs a philosophical and analytical approach to normative law as its research methodology. It examines applicable statutes and regulations, as well as legal theory and current practices in law enforcement. Cybercrime is on the rise, and the study's findings suggest that this trend is directly tied to the expansion of information technology, which in turn allows cybercriminals to employ more complex strategies. Not having clear legislative restrictions pertaining to cybercrime, insufficient preparation on the part of law enforcement, subpar system security, and an uninformed public are the primary challenges. Some of the proposals include creating communication platforms amongst law enforcement agencies to boost collaboration in the fight against cybercrime, educating the public and conducting targeted investigations using cutting-edge technical methods, and expanding outreach and education efforts to the general population
Protection against heirs who make transactions of sale of inheritance land without the consent of other heirs according to law (Study Putusan 70/PDT.6/2006/PN. MDN)
No full textSoil is essential for life, and Indonesian law regulates land ownership, including the transfer and inheritance of land rights. Disputes often arise when land is sold without the consent of all heirs, leading to legal challenges. This study addresses two main research problems: the procedures for selling inherited land and the responsibilities of defendants in case No. 70/Pdt.6/2006/PN. Mdn. It aims to examine these procedures and determine defendant responsibilities. Using a juridical-normative approach, the study relies on legal principles and secondary data from legal documents, laws, and court decisions. Data collection methods include literature review and field research. Findings indicate that selling inherited land requires the consent of all heirs and compliance with legal requirements. Disputes arise when these requirements are not met, leading to legal actions that can invalidate transactions and restore original positions. Adhering to legal protocols is crucial to prevent disputes and protect heir rights
RESPONSIBILITIES OF MOBILE PHONE COUNTER BUSINESSES IN MEDAN TEMBUNG DISTRICT REGARDING EXCHANGING MOBILE PHONE SPARE PARTS PERSPECTIVE OF FATWA NUMBER 112/DSN-MUI/IX/2017
No full textThis research aims to find out why business actors exchange cellphone spareparts. How responsibility of business actors in the practice of exchanging mobile phone spare parts without the customer's knowledge, review Fatwa number 112/DSN-MUI/IX2017. This research uses empirical juridical methods or also commonly called sociological juridical. The responsibility of mobile phone counter business actors regarding the exchange of mobile phone spare parts from the perspective of fatwa number 112/DSN-MUI/2017 is compensation for repairing cellphone spareparts which should not have been exchanged but were exchanged by the cellphone counter because the manufacturer tried to break the agreement at the beginning of the transaction
Legal Analysis of Marketing Using Photos of Other People's Products Perspective of Fatwa Number 1 Of 2005 Concerning Protection of Intellectual Property Rights (Shopee Case Study)
No full textThis study aims to analyze the legality of marketing using photos of products owned by others from the perspective of MUI Fatwa No. 1 of 2005 on Intellectual Property Rights Protection. The focus is on marketing activities conducted on the Shopee e-commerce platform. The research involves observing several seller accounts on Shopee that use photos of other sellers' products without permission. This practice raises questions about its validity according to Islamic law as regulated by the fatwa related to intellectual property rights. To achieve this objective, the author employed a conceptual approach and field case studies. The results indicate that marketing using other people's product photos without permission violates the principles of intellectual property rights protection as stipulated in MUI Fatwa No. 1 of 2005. Although such practices may be considered valid in terms of the transaction, they fall into the category of fasid (defective) sales, and the perpetrators are deemed sinful
Legal Protection of Personal Data in Online Loan Transactions according to the Consumer Protection Law
No full textOnline loans that make it easy to get funding turn out to have a negative effect. In some cases, it can be found that there are debtors who choose to end their lives because they are not mentally strong in facing the threat accompanied by the spread of personal data. Lack of caution in filling out the terms and conditions submitted makes the chances of personal data leakage even greater. For this reason, legal protection is needed for debtors in terms of personal data. The purpose of the research is to find out the implementation of personal data rules in online loan transactions linked to the UUPK, to know the legal protection of debtors against personal data that is leaked without the knowledge of the debtor and what legal remedies can be taken by debtors in the misuse of personal data. The method uses a normative juridical approach, with secondary data in the form of data obtained based on literature studies and supporting data. There are still collection actions carried out by one of the online loan application services by distributing the debtor's personal data to several contacts of fellow debtors either through SMS or email short messages. This is contrary to the UUPK and also POJK 22/2023 Article 62 paragraph (2) letter c which explains that collection officers are not allowed to collect from parties other than Consumers
Legal Views of Religious Leaders of Simangambat District, North Padang Lawas Regency Regarding Attending the Invitation of Walimatul 'Ursy Who Carried Out Endeng-Endeng
No full textThis research is motivated by a social phenomenon about the Endeng-Endeng tradition in Walimatul 'Ursy in Simangambat Village, North Padang Lawas Regency which has often occurred. This study aims to find out how the legal views of religious leaders in Simangambat District regarding the legal status of attending the invitation of Walimatul 'Ursy who carry out Endeng-Endeng. This research is an empirical legal research with a legal sociology approach, primary data sources are obtained from interviews with a number of religious and community leaders, and the author's observations. Secondary data sources are obtained from a number of references and research results. Data analysis is used using qualitative analysis. The results of the study show that the legal view of religious leaders in Simangambat District allows them to attend Walimatul 'Ursy who carries out Endeng-Endeng, if there are no elements of immorality in it such as liquor. However, if the Endeng-Endeng activity contains elements of showing off birahi, because those who are not mahrams gather to perform the Endeng-Endeng dance, and there are intoxicating drinks, then the ruling is makruh which if not attended will be better. Religious leaders also suggested that it was better to attend Walimatul 'Ursy after the Endeng-Endeng event on the grounds that rejecting affirmation took precedence over obtaining benefits
Implementation of the Duties of the Batu Bara Regency National Narcotics Agency (BNNK) Regarding Empowering the Community in Preventing Abuse and Illicit Trafficking of Narcotics from an Islamic Criminal Law Perspective
No full textDrug Abuse and Illicit Trafficking is a serious problem that has a wide impact on the health, security, and welfare of the community including in Batu Bara Regency. The Batu Bara Regency BNN is an institution that has a role in implementing its duties and authorities. This study is important to understand the extent to which the duties and functions of the Batu Bara Regency BNN are running effectively through community empowerment. Community empowerment in preventing drug abuse and illicit trafficking and drug precursors is a strategy that aims to increase the active role of the community in efforts to prevent and overcome narcotics problems. This research method is qualitative descriptive using primary data obtained through field studies and interviews. The results of this study are that the Batu Bara Regency BNN has implemented its duties and authorities well, and has maximized the target. This can be seen from the fact that throughout the existence of the BNN, the State's target for the Batu Bara Regency BNN has all been achieved and even exceeded. However, it would be even better if there was more support such as budget support, human resource support, involvement of the Batu Bara Regency government and the private sector to contribute to the prevention and illicit trafficking of narcotics. The View of Islamic Criminal Law on Narcotics and the Duties and Authorities of the National Narcotics Agency in Community Empowerment is that narcotics and the control of their abuse are in line with the principles of maintaining the welfare of the people (hifz al ummah) and protecting the five main objectives of sharia (maqasid al-shariah): religion, soul, mind, descendants, and property. In Islamic criminal law, narcotics are likened to khamr and there are no types or groups of narcotics. Sanctions for narcotics crimes in Islamic law, the perpetrator is sentenced to ta'zir. Based on Surah Al-Maidah verse 90, it is clear that the prohibition on drinking khamr, the nature of khamr is intoxicating, as well as drugs have the same nature as khamr, so the law is the same as khamr, namely haram