Journal of Digital Law and Policy
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    40 research outputs found

    Juridical Analysis Of The Status Of Orient Riwu Kore In The Election Of The Regional Head Of Sabu Raijua Regency In 2020

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    In the 2020 Sabu Raijua regional head election, one of the regional head candidates, namely Orient P Riwukore, was questioned the status of his candidacy in the regional head election because he was suspected of being a citizen of the United States but at the same time he also had legitimate Indonesian citizenship documents. Therefore, this study aims to examine how citizenship is regulated in Indonesian and United States law and whether the Constitutional Court's decision in case number 135/PHP.BUP-XIX/2021 is constitutional. The results showed that Orient Riwu Kore was a citizen of the United States and had lost his Indonesian citizenship. Therefore, the decision of the constitutional court which annulled the victory of Orient Riwukore and his partner and ordered a re-election in Sabu Raijua Regency was a constitutional decision

    The Concept of Synergy Building Awareness of State Defense in the Digital Era

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    State defense has a broad spectrum in various scopes such as politics, social, economic and cultural fields. State defense and national security It is an attitude that every citizen must have. Every citizen especially the younger generation is the next generation  of sustainability in the nation and state. The spirit of nationalism, patriotism, and defending the country can fade partly due to the low awareness of defending the country, not yet optimal synergy in fostering awareness of defending the country in the digital era. Seeing the current era of technology increasingly advanced, from this, the awareness of citizens, especially the younger generation in the digital era in terms of defending the country still needs to be improved, where with progress technology makes it easy for everyone to access, create or share information that is not necessarily clear. Keywords (10pt, bold): defending the country, the digital era, national resilience. &nbsp

    Digital Literacy as An Effort to Build National Resilience In Defending the Country in the Digital Field

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    Technology has a huge impact on human life today. With the internet, humans are easy to dig up various information and almost entirely involve the internet as a medium to facilitate work. Over time, the internet and technology are growing and more information we can get, be it false information or real information. In this digital era, many people are not responsible for using the internet and digital media to spread hoaxes, provocative content, and other anti-Pancasila bullying content  . This  can lead to division and collapse of the integrity of the country. So it takes awareness in us to be digitally literate wisely

    Analysis of the Positive and Negative Impacts of Using Tiktok For Generation Z During Pandemic

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    Social media is broadly commonplace in today's daily life, even some people can't live without it. One of the most downloaded apps this year is Tiktok. Tiktok is the most used application since the pandemic until now. No wonder the impact on many sectors in the world. In this article, the author will analyze the positive and negative impacts of using TikTok for Generation Z during a pandemic. The method used in writing this article is to use a literature study. The writing of this article is based on references from various articles about the use of tiktok, tiktok journals and also Google. The search is limited to generation Z keywords and the use of Tiktok. The results of the study found that TikTok can be used to encourage the creativity of Generation Z to create a work, as a place for self-expression, as a place for education, and entertainment. However, the TikTok application is widely misused by children, adults and parents. As for some of the negative impacts of using the application, namely syndromic, sexual harassment, tutorials in learning and lack of association with people around. In conclusion, the use of Tiktok social media is indeed beneficial, but there are also positive and negative sides. Therefore, more research and further models are needed for its application in its activities

    The State of Digital Freedom in Indonesia an Assessment of Online Censorship, Privacy, and Free Expression

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    This article provides an assessment of the state of digital freedom in Indonesia, with a focus on online censorship, privacy, and free expression. The research methodology used in this study was a combination of normative legal approach and literature review, which provided a comprehensive analysis of the legal framework that governs digital rights in Indonesia. The discussion highlights the importance of human rights in the digital realm, and how the legal framework in Indonesia aligns with international human rights standards. The study found that the current state of digital freedom in Indonesia is mixed, with laws and regulations in place to protect privacy and freedom of expression, but concerns about online censorship and restrictions on these rights in practice. The implementation of laws such as the ITE Law has led to the prosecution of individuals for online speech, raising concerns about the impact on freedom of expression. To improve the state of digital freedom in Indonesia, several suggestions are made. Firstly, the implementation of laws and regulations related to digital rights must be consistent with international human rights standards. Secondly, efforts should be made to address the gaps between the legal framework and the reality of digital rights on the ground. This may involve greater transparency and accountability in the enforcement of laws and regulations related to digital rights. Additionally, there is a need for greater public awareness and education about digital rights, both among citizens and among policymakers and law enforcement officials

    Human Rights Enforcement in Indonesia During a Pandemic: A Critical Study of Dignified Education

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    oai:oai.ejournal.catuspata.com:article/61This article was writting to describe government policies in upholding educational rights, especially during a pandemic with its implementation in the field of education according to the theory of dignified justice. Qualitative descriptive method was used in reviewing the problems described, using content analysis method, namely examining the contents of the document. The theoretical basis is used as a guide to adapt the research approach to reality. For the sake of simplicity, qualitative method sources are used in reference studies from various existing research results. The data analysis method uses deductive analysis techniques that use logic to draw one or more conclusions based on a particular field. The role of the state and citizens in dealing with the covid-19 pandemic, especially in the field of education, needs to be synchronized so that citizens, especially middle and lower education, SMA to SD and Kindergarten, the role of parents is very important in the continuity of the online learning process because the teacher's role has changed completely from the beginning. dominated by schools when learning is online, the role of teachers and schools is reduced. This raises its own problems so that the responsibility for education is a shared responsibility in terms of supervision in using online learning media, because this is a disaster category so that human rights violations do not occur, it is necessary to change the view of education that is handed over to schools now it is a shared responsibility so that create a dignified education. The government's policy to protect people's education is always implemented by making education a priority work program of the government, among other programs. This means that the education budget is in accordance with the 1945 Constitution of the Republic of Indonesia Article 31 paragraph (4), "The state prioritizes the education budget at least twenty percent of the state revenue and expenditure budget as well as from the regional revenue and expenditure budget to meet the needs of national education administration

    Legal Perspective of Law No. 28 of 2014: About The Moral Aspects on Digital Works

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    The current utilization of digital content platforms has a serious impact on Intellectual Property Rights. Platforms that display digital copyright works are indeed much in demand by netizens today because it is practical and efficient but not only the perceived benefits of digital content platforms but there is a moral responsibility that must be known by all parties both content lovers and content creators. In today's digital era, copyrighted works in the form of digital content are widely misused by various parties, the occurrence of violations of their main rights moral rights is less realized by various parties. It is the duty of all parties to create the protection of moral rights because rights are elements that must be protected in a digital copyright work. This research aims to find out the regulation of aspects of moral rights in Law No. 28 of 2014 on Copyright. This research uses normative juridical research methods using the legal sources of literature. The protection of moral rights is an important issue in the protection of intellectual property. National regulations are expected to protect the moral rights of copyright creators/owners, especially digital copyright works

    Business Analysis of Illegal Selling and Copyrights Violation on E-Commerce (Case Study Shopee)

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    Nowadays technology is growing rapidly. Buying and selling interactions that are usually done directly can now be done online through E-Commerce applications. Because more and more people are using E-Commerce applications, the government makes regulations regarding the PMSE Government Regulation which was set in 2019. This article was carried out with the aim of finding out whether there are still business actors who do not follow the PMSE Government Regulation. This research focuses more on business actors who sell book products and also software applications on the Shopee application. This research uses three methods, namely conducting a literature study related to the PMSE Government Regulation, exploring the E-Commerce platform, conducting interviews with buyers or book readers and book creators. This study shows the results that there are still business actors who do not follow the PMSE Government Regulations. The implication of finding business actors on E-Commerce Shopee who do not follow PMSE Government Regulations is that in future research they can conduct research on other E-Commerce platforms, for example such as Lazada, Tokopedia, JD ID and other platforms

    Legal Aspect of Cyber Notary in Indonesia

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    The urgency of cyber notary supposed to be a priority nowadays. Business transactions that use offline notary services have now penetrated online in line with technological developments and also the need for effective and efficient transactions. This article was compiled to find out various legal aspects that can support the legality of online notary activities. The method used to compile this article is the literature study method. The literature study method collects several primary, secondary and tertiary materials as a reference in the preparation of this article. Based on the literature study conducted, it can be concluded that the main duties and functions of a notary cannot be replaced directly with an information system. A gradual transformation is needed so that the concept of a cyber notary can run optimally

    The Freedom of Speech Based on Jerinx Case, ITE Law Approach

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    Freedom of expression has actually been guaranteed in the law. As a citizen, having an opinion according to what is considered right is certainly a legal thing. The phenomenon of opinion in various social media is currently being loved. The thing that has often been an issue in recent weeks is the truth about the Covid-19 pandemic. Jerinx, a member of a well-known musician band in Bali, often voices opinions that are different from what actually happened. He considers that this pandemic is just a conspiracy of the global elite. The opinions expressed were conveyed through his social media channels, up to a post that forced Jerinx to go to jail for allegedly violating the rules contained in the ITE Law. The purpose of this study is to analyze the accuracy of the use of Articles in the ITE Law which is alleged to be against Jerinx for the posts he has made. By using juridical-normative research methods based on primary, secondary and tertiary legal materials such as legislation, court decisions, legal theory, and can be in the form of opinions of scholars related to existing problems. The results of this study were then analyzed qualitatively with descriptive-prescriptive presentation. There, a fact was found that all the elements of the articles of the ITE Law had been fulfilled to imprison Jerinx

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