Universitas Muhammadiyah Ponorogo Scientific Journal
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Perkembangan Hukum Ekonomi Indonesia Melalui Cyber Notaris
No full textThis research aims to analyze the development of Indonesian economic law through the implementation of the cyber notary system. The method used is a normative approach. The data used are legal materials, both primary (legislation), secondary (doctrine, jurisprudence), and tertiary (dictionary, legal encyclopedia), to analyze and interpret legal norms. Data sources include laws and regulations, jurisprudence (court decisions), legal doctrine (opinions of legal experts), and other legal materials such as draft laws and minutes of discussion. The results show that cyber notarization increases the value of electronic documents by legalizing them, for example, in addition to digitizing notary operations. Nevertheless, the implementation of this project will take a considerable amount of time due to the many components that must be prepared. It is stipulated in Article 1868 of the Indonesian Civil Code that an authentic deed is a legal document made before a public official and in a certain form stipulated by law
Keselarasan Konstitusionalitas Program Pensiun Tambahan dalam Kerangka Hukum Pengembangan dan Penguatan Sektor Keuangan
No full textThe additional pension program mandated in Article 189 paragraph (4) of Law Number 4 of 2023 concerning the Development and Strengthening of the Financial Sector (UU PPSK) aims to improve old-age protection for workers and harmonize existing pension programs. However, the discourse on wage deductions to pay additional pension contributions has raised concerns among workers, especially those with middle to lower incomes. This study examines the constitutionality of the additional pension program and the forms of legal protection for people who are unable to pay contributions. The research method used is normative legal research with a statutory and conceptual approach. The results show that the additional pension program has the potential to conflict with citizens' constitutional rights to social security and decent work. Legal protection for people who are unable to pay contributions can be carried out through government supervision, administrative sanctions, and efforts to restore participant rights. However, the implementation of the additional pension program still faces significant challenges, such as weak fundamental economic conditions and potential overlap with the existing social security system. Regulatory harmonization, strengthening supervision, and focusing on optimizing existing programs are needed to ensure the effectiveness of pension programs in ensuring the welfare of all Indonesian workers
Efektivitas Penyelesaian Hukum Akibat Sound Horeg Melalui Restoratif Justice
No full textThis research aims to examine the effectivenessof legal settlements regarding the nouise disrtubances caused by sound horeg through a restorative justice approach . sound horeg refers to high-decibel audio devices used in community events such as birthdays, circumcisions, and carnivals. Excessive and unregulated use of these devices often disturbs public comfort and order. This can be considered an unlawful act, as it violates established noise level thresholds and infringes on the public’s right to a peaceful and healthy environment. The research adopts a normative juridical method with statutory and conceptual approaches. Data sources include literature review of relevant regulations such as the Criminal Code, Law No. 32 of 2009 on Environmental Protection and Management, and Ministerial Regulations on noise level standards. Secondary data were obtained from articles, news reports, community complaints, and scientific journals. The findings show that a restorative justice approach is more effective in resolving legal issues related to sound horeg compared to repressive methods. Restorative justice emphasizes deliberation, restoration of social relations, education for offenders, and continuous supervision. This approach helps minimize social conflict, enhances legal awareness in the community, and supports the creation of sustainable public order
Hak Waris Bagi Anak Yang Lahir dari Perkawinan di Bawah Tangan
No full textUnregistered marriages (perkawinan siri) remain a common practice within Indonesian society. Although such marriages are considered religiously valid, they hold no legal standing under state law due to the absence of official registration with civil authorities. This lack of legal documentation leads to significant legal issues, particularly regarding the legal status of children born from such unions, including civil rights such as recognition, financial support, and inheritance. This study aims to examine the protection of the rights of children born from perkawinan siri from the perspectives of Islamic law, Christian doctrine, and Indonesian positive law, with the goal of identifying a common ground that ensures justice and child welfare. This research adopts a normative legal method (juridical-normative approach), incorporating statutory, conceptual, and comparative legal approaches. The data used in this study are secondary data, consisting of primary legal materials (laws and court decisions), secondary legal materials (legal literature and scholarly journals), and tertiary legal materials. Data were collected through library research. The data analysis technique employed is qualitative analysis, which involves examining the content and interpretation of relevant legal norms and religious teachings, as well as comparing them to identify alignments or discrepancies in the protection of children’s rights born out of unregistered marriages. In Islamic law, children born from biological relationships are entitled to protection, even if they are born outside of legally registered marriages. Within Christian teachings, perspectives vary across denominations; however, there is a general emphasis on the legitimacy of civil law. Under Indonesian national law, the legal status of such children may be acknowledged as long as the evidentiary requirements prescribed by law such as recognition by the father or a court ruling are fulfilled. This study highlights the critical importance of marriage registration as a form of preventive legal protection, ensuring the clarity of a child's legal status and the fulfillment of their rights. Furthermore, empirical findings reveal a persistent gap in legal awareness among the public and a disconnect between legal norms and their implementation, underscoring the need for active roles by the state and religious institutions in promoting legal education and policy reform
Praktik Kecantikan Tanpa Izin Sebagai Tindak Pidana: Upaya Hukum Dalam Pemulihan Kerugian Korban
No full textThe development of the beauty industry in Indonesia has contributed to the rise of illegal beauty practices carried out by non-medical personnel without official permits, which can jeopardize the health and safety of consumers. These unlicensed beauty practices constitute a violation of the Medical Practice Act, which prohibits non-medical service providers from performing medical procedures without authorization. This study aims to analyze unlicensed beauty practices as criminal acts and the legal avenues available for victims to seek compensation for damages. The research method employed is a literature review, analyzing regulations, scientific journals, and relevant cases. The results of the study show that unlicensed beauty practices not only violate administrative aspects but also pose significant health risks. Victims can seek compensation through criminal and civil legal channels; however, challenges in law enforcement and the low level of public legal awareness hinder recovery efforts. This study provides recommendations to improve supervision, strengthen regulations, and raise public awareness about the dangers of illegal beauty practices
Pemberian WIUPK kepada Organisasi Kemasyarakatan Keagamaan: Analisis terhadap UU Minerba dan PP Nomor 25 Tahun 2024
No full textThis study This study aims to examine the relationship between the provisions of Law Number 3 of 2020 concerning Mineral and Coal Mining (Minerba Law) and Government Regulation Number 25 of 2024, specifically regarding the mechanism for granting Special Mining Business Permit Areas (WIUPK) to religious-based community organizations. The Minerba Law explicitly prioritizes granting IUPK to State-Owned Enterprises (BUMN) and Regional-Owned Enterprises (BUMD), while private businesses can only obtain IUPK through an auction process. However, Article 83A of Government Regulation Number 25 of 2024 gives priority to business entities owned by religious organizations without an auction mechanism, even though legally these businesses are still classified as private businesses in accordance with the provisions of the Limited Liability Company Law. This provision creates regulatory disharmony that has the potential to create legal uncertainty and inequality in mining governance. This study uses a normative legal method with a statutory and conceptual approach. Preliminary findings indicate that Government Regulation No. 25 of 2024 violates the principle of lex superior derogat legi inferiori, which states that lower-level regulations must not deviate from higher-level regulations in the national legal hierarchy. Therefore, a revision of the Mineral and Coal Mining Law is needed to provide a clear and consistent legal basis, as well as strengthening the oversight system for community-owned business entities to ensure transparent, accountable, and sustainable governance practices in accordance with good governance
Akibat Hukum Pembatalan Jual Beli di Aplikasi E-Commerce sebagai Perbuatan Itikad Tidak Baik Berdasarkan KUH Perdata
No full textThe transformation of digital technology and the development of the internet have revolutionized trade activities, one of them is through electronic commerce (e-commerce). This business model offers ease of transactions, time efficiency, and expanded market reach without geographical boundaries. However, this convenience raises legal issues, one of them is unilateral transaction cancellation by the buyer, particularly with the Cash on Delivery (COD) method. From the perspective of Indonesian civil law, unilateral cancellation without a valid reason constitutes a form of default and a violation of the principle of good faith as regulated in Clause 1338 verse (3) of the Civil Code. This study aims to identify legal provisions related to bad faith in unilateral cancellation and to analyze the forms of legal protection for sellers in e-commerce. This study uses a normative juridical research type with a statutory approach. Data collection techniques include literature studies, including primary legal materials such as the Civil Code, Clause No. 8 of 1999 concerning Consumer Protection, and Clause No. 11 of 2008 concerning Electronic Information and Transactions, as well as secondary and tertiary legal materials. The analysis method in this study is qualitative, conducted through an interpretation of the processed legal materials. The results show that unilateral cancellations, particularly in COD systems, cause losses for sellers both financially and non-financially, including damaged goods, repackaging costs, lost potential profits, and psychological stress. Legal protection for sellers includes the right to receive payment as agreed, protection from bad faith consumer actions, and the right to claim compensation under Clause 1243 of the Civil Code. Prevention efforts can be implemented practically, such as reporting to the platform and deactivating the COD option, or legally through lawsuits for breach of contract or unlawful acts. This study presents a novelty approach to the concept of bad faith, which can be considered to be unilateral cancellation
Penerapan Keadilan Restoratif dalam Penyelesaian Tindak Pidana Kekerasan dalam Rumah Tangga di Wilayah Hukum Polrestabes Medan Tahun 2022 - 2024
No full textCriminal case settlement can be done in two ways, namely litigation (through the trial process in court) and Non-litigation (outside the court). The non-litigating method is currently known as Restorative Justice. Restorative Justice can be applied in minor crimes including Domestic Violence (KDRT). In response to the large number of domestic violence cases reported in the jurisdiction of the Medan Police, Restorative Justice was applied as an effort to resolve the crime of domestic violence. Based on Perpol No. 8 of 2021, the police have a significant role in applying the principles of Restorative Justice in resolving domestic violence cases. This study aims to examine the application of Restorative Justice in the resolution of domestic violence crimes as well as the challenges and obstacles experienced by the Medan Police Department. The type of research used is empirical juridical research and uses a case approach. The data source in this study is the primary data source obtained from the field by interviewing the Medan Police Department, then the data analysis technique used is qualitative analysis. The result of this study is that the Medan Police apply the principle of restorative justice in resolving domestic violence cases by facilitating dialogue between the perpetrator and the victim in a professional, neutral manner and ensuring that the victim does not experience intimidation and feel pressured by ensuring that the victim can voice what he feels and what impact he experiences as a result of the violence committed by the perpetrator. The victim is compensated for the losses he has suffered. In implementing restorative justice, the Medan Police did not find any challenges, but there were obstacles experienced by the police, namely incitement from other parties such as family and others, thus hindering the implementation of restorative justice
Pemblokiran Tanah dalam Sengketa Perbuatan Melawan Hukum: Studi Kasus Putusan Nomor 11/Pdt.G/2017/PN. Btg
No full textLand research in the perspective of Indonesian agrarian law is not only seen as a material object, but also as a gift from God Almighty which must be managed for the greatest prosperity of the people as regulated in Article 33 paragraph (3) of the 1945 Constitution and the 1960 UUPA. However, in practice, land often gives rise to disputes due to administrative weaknesses or conflicts of interest, such as in the case of PT Wersut Seguni Indonesia against the heirs of Denny Charso, where land purchased with company funds was registered in a personal name. This dispute demonstrates the important role of the land blocking mechanism as a preventive legal instrument to prevent the transfer of rights before a legally binding decision is made. The research method used is normative juridical with a descriptive-analytical nature. The approaches used are the statute approach and the conceptual approach. The types of data used include primary legal materials, namely the UUPA, PP No. 24 of 1997, Permen ATR/BPN No. 13 of 2017, and related court decisions; secondary legal materials, in the form of agrarian legal doctrine and literature; and tertiary legal materials, in the form of legal dictionaries and encyclopedias. Data collection techniques were carried out through library studies and document analysis, with the analysis carried out qualitatively normatively to interpret legal rules and practices in resolving land disputes. Article 7 paragraph (1) of the Minister of ATR/BPN Regulation No. 13 of 2017 only regulates blocking in criminal cases, whereas field practice shows that blocking is also necessary in civil disputes, such as lawsuits for Unlawful Acts (PMH) and breach of contract. This limitation creates legal uncertainty for the injured party. Therefore, there needs to be a revision of the regulations so that blocking can be applied consistently in all types of cases, so that the law is not only present as a rigid norm, but also as a means of humanistic protection, protecting the rights of the community, maintaining a sense of justice, and preventing further losses
Analisis Penegakan Hukum Pidana dalam Menangani Ujaran Kebencian Berbasis Sara di Platform Media Sosial
No full textThis research examines the application of legal provisions related to religious-based hate speech in social media, focusing on the provocation cases that occurred during Pope visit to Indonesia in September 2024. The case involved the arrest of seven individuals, including a civil servant, suspected of making provocations such as bomb threats and church burning incitements on various social media platforms. Using a juridical-empirical approach, this research analyzes the application of the Electronic Information and Transaction Law, Anti-Terrorism Law, and related regulations in the law enforcement process. Data collection methods included interviews with law enforcement officials, legal document analysis, and case studies. The findings reveal that while Indonesia's legal framework is relatively comprehensive in regulating hate speech, its implementation still faces challenges related to the interpretation of free speech boundaries, coordination among law enforcement agencies, and technical capacity in cybercrime investigations. This research recommends strengthening law enforcement capacity, enhancing digital literacy among citizens, and harmonizing regulations regarding hate speech and online extremism to create more effective law enforcement while respecting human rights principles