ANAYASA : Journal of Legal Studies
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THE INFLUENCE OF THE PERSONAL DATA PROTECTION LAW (UU PDP) ON LAW ENFORCEMENT IN THE DIGITAL ERA
No full textObjective study This study examines the influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. Method used is method study qualitative with type study studies. References . Types of studies References used for digging deep understanding about a topic or phenomenon with an analysis of literature and where are the relevant sources? in study This related influence of the Constitution personal data protection (PDP) law against law enforcement in the digital era. As for the data, it was obtained through study and analysis of various references, like journals, scientific articles, and documents related to the topic being researched. Then, the researcher read an interesting thread and concluded from the results, findings, and study. Results study This leads to the conclusion that complexity influences Constitutional Personal Data Protection and enforcement law in the digital era. Even though the PDP Law provides an important basis, the challenges and dynamics faced need a planned response and coordination from the government, private sector, and public. Overcome problem enforcement The PDP Law in the digital era requires effort, collaboration, and solutions integrated from party authority, sector private, community, and holder interests. With a thorough understanding of the problem, an effective strategy can be developed to ensure that personal data protection remains a top priority in the ever-expanding digital world
RESILIENCE OF NARCOTICS INMATES IN SERVING THEIR SENTENCE IN CLASS IIB DETENTION CENTRE IN PANDEGLANG
No full textThe purpose of this study is to determine the factors that form the resilience of narcotics prisoners and how the process of prisoners becoming resilient individuals. The method used in this research is qualitative method using case studies. Data collection is carried out using in-depth interview methods, participant observation, and documentation. Data analysis techniques use triangulation. This study shows that seven factors can affect resilience, namely: emotional regulation, immune control, optimism, casual analysis, empathy, self-efficacy, and reaching out. The process that prisoners go through is not easy, but the three informants deal with problems in their own way
JURIDICAL ANALYSIS OF THE IMPLEMENTATION OF ITSBAT NIKAH IN THE PRINCIPLE OF LEGAL CERTAINTY IN THE RELIGIOUS COURT DECISION NUMBER 93/PDT.P/2018/PA.TTE
No full textUnderhand marriage or nikah siri has been an issue that has arisen in line with the enactment of Law No. 1/1974 on marriage in Indonesia. Nikah siri refers to a marriage that is not valid according to the applicable law, conducted outside the provisions of the Indonesian marriage law. Marriage, as a social institution, is a means to legitimize sexual relations between husband and wife and to ensure the continuation of human existence. However, nikah siri, which often takes place without parental or government notification, has significant negative legal implications for the parties involved, including non-recognition of the legal status of the wife, disenfranchisement from inheritance or property, and the absence of a formal mechanism for separation. Islamic law stipulates that a marriage is valid if it fulfills its pillars and conditions and no prohibitions are preventing it. In the context of positive law, every marriage must be recorded by applicable laws and regulations. However, the issue of marriage recognition through itsbat nikah in Islamic law creates complexity and the need for clear restrictions on its application. Therefore, official registration by authorized officials is important to maintain order in marriage and provide legal protection for the parties involved
IMPLICATIONS AND CONSIDERATIONS OF THE NEW ELECTRONIC INFORMATION AND TRANSACTION LAW
No full textRegarding regulations related to the electronic world, the purpose of this study is to link the law on Electronic Information and Transactions (ITE Law) No. 1 of 2024 which is the second amendment to Law No. 11 of 2008. The emergence of various problems regarding the ambiguity of protection in the scope of ITE has caused the public to urge the government to revise it as soon as possible. The methodology used in this study is normative juridical type sourced from primary and secondary legal materials. With an approach through legislation (Statute Approach) and a historical approach (Historical Approach). The Law on Information and Electronic Transactions which was born in 2008 (ITE Law No. 11 of 2008) contains provisions governing the electronic realm. Apart from that, the ITE Law has many weaknesses that conclude multiple interpretations of the contents of the article. To overcome this, the government made the first revision contained in Law No. 19 of 2016. The emergence of controversy has not been able to answer the changes in the first change. So there are still articles that reap pros and cons in the form of interpretation. Among them are Article 27, Article 28, Article 29, and Article 36. So the government made a second revision contained in Law No. 1 of 2024
IMPLEMENTATION OF TERM DEPOSIT GUARANBINDING AT PT. BANK MANDIRI (PERSERO) TBK. MANDIRI PALEMBANG SUPPORT BRANCH OFFICE REGIONAL OFFICE II
No full textThe purpose of this research is to determine the implementation of the binding of term deposit pledge guarantees on PT. Bank M Andiri (persero) T bk. Mandiri Palembang sub-branch office Regional Office I. This researcher used a juridical-empirical research methodology with literature studies and field studies, specifically through an approach to statutory regulations and other legal materials related to the problem as well as through observations and interviews with related parties, including related officials. credit agreement at PT. Bank Mandiri (Persero) Tbk. Mandiri KCP Palembang Regional Office II The results of this research indicate that the implementation of binding collateral for term deposits at PT. Bank Mandiri (Persero) Tbk. Mandiri KCP Palembang Regional Office II by implementing binding guarantees for term deposit pledges at PT. Bank Mandiri (Persero) Tbk. was carried out in five stages, namely the first stage by binding credit as the main agreement where it is stated that the credit guarantee is a deposit. The second stage, namely binding the deposit, is carried out by making a deed of pledge agreement between the deposit owner and the bank. The third stage is handing over the guaranteed deposit slip to the pawn holder, in this case, the bank. In the fourth stage, together with the third stage, the deposit owner or guarantor must authorize the pawn holder or bank to disburse the deposit in the event that the deposit owner or debtor defaults. In the fifth stage, the creditor, as the recipient of the deposit pledge, will block the collateral deposit in accordance with the terms of the credit agreement. This means that as long as the credit from the main agreement has not been repaid, the collateral deposit will be blocked
THE NATURE OF LAW IN PERSPECTIVE COMPARATIVE LAW
No full textUnderstanding the legal system as a complete unit, including institutions, procedures, and legal rules, where one element or sub-system has a relationship with other sub-systems. Law as a system has complexity and multiple perspectives, both the law in our own country, such as customary law, Islamic law, and our positive law, as well as western law, such as common law and the civil law system. We can see this complexity and multi-perspective, for example, in Islamic law, which considers religion and law to be one. Meanwhile, the Western legal system, especially in mainland Europe, is carried out through the formation of codification, in contrast to customary law, whose legal identity grows with the identity of the community that forms it, while positive law or national law in our country, Indonesia, which cannot be denied, still uses most of the written law that comes from "inheritance."" invaders. However, the differences in legal systems essentially mean that law always leads to the realization of justice, order, and order in society
LEGAL ANALYSIS OF DISCIPLINARY SANCTIONS BY TEACHERS TO STUDENTS AT SCHOOL
No full textEducation has a vital role in shaping the character and quality of human resources, with student discipline as one of the key elements in creating a conducive learning environment. This study aims to analyze the law related to the granting of disciplinary sanctions by teachers to students in schools, focusing on the legal challenges faced by teachers in enforcing discipline. Through a normative juridical approach, this study examines the Supreme Court Decision Number 1554 K/Pid/2013 which affirms that teachers cannot be punished when carrying out their professional duties, including in the provision of disciplinary sanctions. In addition, regulations such as Articles 39 and 40 of Government Regulation No. 19 of 2017 provide a legal basis for teachers to enforce discipline without fear of legal consequences. As such, the study highlights the importance of legal protection and the development of clear policies to support effective and safe education efforts
THE EFFECTIVENESS OF LAW ENFORCEMENT AGAINST PERPETRATORS OF DESTRUCTION OF TOURISM OBJECTS IN NORTH TORAJA
No full textThe research aims to analyze the enforcement of sanctions against perpetrators of vandalism at tourist attractions in North Toraja and the obstacles to implementing sanctions in law enforcement against perpetrators of vandalism at tourist attractions based on Regional Regulation Number 7 of 2016. The research employed an empirical research method, using statutory and conceptual approaches. This research used primary and secondary data. Primary data was obtained through field research using interviews and observations, while secondary data was obtained through a literature study. The data obtained was then analyzed qualitatively and described to answer the research problem.
The research results show that the sanction enforcement of Regional Regulation Number 7 of 2016 concerning the Implementation of Tourism in North Toraja has not complied with these regulations. In particular, cases of destruction of Ke'te' Kesu' carried out by perpetrators that are imposed with customary punishment, it is marked by the large number of unresolved cases and weak enforcement of sanctions. Obstacles in implementing sanctions in law enforcement are caused primarily by delays in information to the Civil Service Police Unit resulting in initial administrative action before being handed over to the Prosecutor's Office. Another obstacle is the absence of a memorandum of understanding between the Police, Prosecutor's Office, and Court, as well as budget limitations which affect the capacity of the Civil Service Police Unit (Satpol PP) to protect tourists. A comprehensive approach is needed, including law enforcer training, inter-agency coordination, public legal education, and review of Regional Regulations to improve the fairness and appropriateness of sanctions
LEGAL PROBLEMS FOR QUICK RESPONSE CODE INDONESIAN STANDARD (QRIS) USERS IN ONLINE PAYMENT TRANSACTIONS
No full textThis research aims to contribute knowledge about the legal protection of QRIS-based online payment systems in the modern era through the development of information and technology in the world of digital commerce. This is certainly the background of various unlawful actions against the use of fake QRIS codes, where perpetrators manipulate the printed barcode scans to be incompatible with the original QRIS owner. In the preparation of this article, the research method used is use normative juridical method where the focus of the problems discussed as data material refers to legal principles and norms that have been contained in related laws and regulations. The results of this study show that the legal regulation procedure for online transactions through the QRIS system is considered to lack proper regulations on the protection of users or business actors. All forms of regulations that regulate several legal products that lead to online transactions such as QRIS need to be updated to become an accurate legal umbrella for online-based transactions that have developed today
THE SUPERVISION OF THE INTERNAL GOVERNMENT INTERNAL SUPERVISORY APPARATUS (APIP) ON THE ABUSE OF AUTHORITY IN GOVERNMENTAL POSITIONS IN JENEPONTO REGENCY
No full textThe objective of this research was to examine the oversight conducted by the Government's Internal Control Apparatus (APIP) regarding the misuse of official authority within the Jeneponto District Government. This research employs a qualitative methodology with a sociological research approach. The informants include the Auditor of the Jeneponto Regency Government Internal Supervisory Apparatus, the Head of the Sub-Division of Discipline Development, Welfare, and Facilitation of the ASN Profession at the Jeneponto Regency Personnel and Human Resources Development Agency (BKPSDM), the Secretary and Acting Head of Treasury at the Jeneponto Regency Financial and Asset Management Agency, the Head of Budget at the Jeneponto Regency Financial and Asset Management Agency, and the Regent of Jeneponto. Data collection methods encompass observation, interviews, and documentation. Subsequently, the techniques for processing and analyzing data are executed through three distinct phases: data collection, data reduction, data presentation, and conclusion drawing. The outcomes indicate that: 1) The supervision by the Government Internal Supervisory Apparatus (APIP) over the abuse of authority in the Jeneponto Regency Government is not fully optimizing APIP's role in supervising, guiding, evaluating, and monitoring the duties and functions of regional apparatuses in the execution of bureaucratic activities. This is evidenced by the presence of several civil servants who have been implicated and directly involved in legal proceedings due to exceeding their official authority. 2) There is a shortage of qualified auditors, with the current number of personnel being insufficient relative to the number of civil servants requiring oversight across 11 sub-districts and 113 villages