Jurnal Hukum PRIORIS
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KESEJAHTERAAN BURUH ANAK DI PERKEBUNAN KELAPA SAWIT BATU NANTA BERDASARKAN UU NO. 4/1979 TENTANG KESEJAHTERAAN ANAK: Child Labor Welfare in Batu Nanta Palm Oil Plantations Based on Law No. 4/1979 on Child Welfare
Full text linkThis study aims to analyze the welfare of child laborers in palm oil plantations in Batu Nanta Village, Melawi Regency, West Kalimantan, with reference to Law No. 4 of 1979 concerning Child Welfare. The main focus of this study is to identification problem the causes of children working in oil palm plantations in the village and to what extent this phenomenon complies with the child protection provisions in the law. The method used is a normative approach with primary data collection through interviews and direct observation, as well as secondary data from literature and related documents. The research and conclusion findings indicate that poverty, low parental education levels, and local cultural norms that view child labor as part of the process of learning to live are the primary causes of children working. Additionally, the lack of legal oversight exacerbates the issue. This study demonstrates that these conditions contradict the principles of child welfare guaranteed by Law No. 4 of 1979, which emphasizes children\u27s rights to live, grow, and develop in a healthy manner. In conclusion, synergistic efforts between the government, society, and families are needed to ensure child protection in accordance with applicable regulations
PERLINDUNGAN SATWA APPENDIX DAN LINGKUNGAN OLEH PEMERINTAH DAERAH TANJUNG RIAU, BATAM: Protection of Appendix Species and the Environment by the Local Government of Tanjung Riau, Batam
Full text linkIndonesia has both constitutional and international responsibilities to conserve the environment and wildlife, including species listed in the CITES Appendix. Batam City, especially the Tanjung Riau industrial area, is particularly vulnerable to illegal wildlife trade due to its strategic location along cross-border routes. This study aims to examine the legal obligations and the implementation of policies by the Batam City Government in protecting Appendix species and the environment, as regulated under Regional Regulation No. 8 of 2014 and other relevant laws. The research applies a normative juridical method with a descriptive approach, using secondary data analyzed qualitatively and concluded deductively. The findings indicate that protection efforts by local authorities, including BBKSDA and related agencies, remain sectoral and fragmented, lacking adequate human resources and infrastructure support. Institutional coordination, public participation, and monitoring systems in industrial zones are still considered ineffective. The study concludes that current protection measures for Appendix species in Batam are not yet optimal. Therefore, there is a need for strengthened local regulations, adoption of modern surveillance technologies, institutional capacity-building, and increased public engagement to ensure long-term and effective conservation of protected species
EFEKTIVITAS MEKANISME GUGATAN SEDERHANA DALAM PENYELESAIAN SENGKETA PERDATA DI INDONESIA DAN BELANDA: The Effectiveness of the Small Claims Mechanism in Resolving Civil Disputes in Indonesia and the Netherlands
Full text linkCivil justice systems in various countries face challenges in providing fast and affordable access to justice. The small claims procedure emerges as a solution to resolve low-value civil disputes efficiently. This article compares the regulation of small claims procedures in Indonesia and the Netherlands. The problem formulation include the similarities and differences, as well as the strengths and weaknesses, of the small claims systems in both countries. Using a normative juridical method and comparative law approach. The result show that Indonesia limits small claims to cases under IDR 500 million and to simple legal matters, while the Netherlands applies a more flexible system known as kort geding, which has no monetary threshold and allows judges to take a more active role. In conclusion, although both systems aim to expedite dispute resolution, each adopts a different approach based on its respective legal tradition. These findings serve as an evaluative basis for improving the small claims system in Indonesia
PENJATUHAN SANKSI PIDANA TERHADAP ANGGOTA KEPOLISIAN YANG KARENA KEALPAANNYA MENYEBABKAN KORBAN MENINGGAL: The Imposition of Criminal Sanctions on Police Officers Whose Negligence Results in the Death of a Victim
Full text linkEvery citizen, including members of the police force, holds equal status before the law, including when involved in actions that result in criminal liability due to negligence. The issues discussed in this research concern the judge\u27s considerations in imposing criminal sanctions for negligence causing death by a police officer, as well as the application of criminal liability for such negligence in Decision Number 55/Pid.B/2024/PN Plk based on Article 359 of the Indonesian Criminal Code (KUHP). The research method used is normative legal research with a descriptive-analytical approach, utilizing secondary data and drawing conclusions through deductive reasoning. The result concludes that Decision Number 55/Pid.B/2024/PN Plk affirms that police officers can be held criminally liable for negligence resulting in death, as regulated in Article 359 of the KUHP. Although the offender acted in the context of duty, the element of negligence remains the basis for imposing criminal sanctions. This decision reflects the application of the principle of equality before the law and serves as an important precedent in upholding the rule of law and accountability of law enforcement officers
PERAN BAPENDA DALAM MENINGKATKAN PENDAPATAN ASLI DAERAH MELALUI PAJAK RESTORAN, KOTA TANGERANG SELATAN, BANTEN TAHUN 2023: The Role of BAPENDA in Increasing Local Revenue Through Restaurant Tax in South Tangerang, Banten in 2023
Full text linkRestaurant tax is a crucial component of local taxes that significantly contributes to the fiscal autonomy of regional governments. This study highlights the vital role of the Regional Revenue Agency in enhancing Local Own-Source Revenue through effective restaurant tax collection in South Tangerang City. The main legal issues examined include the extent to which the collection process aligns with South Tangerang Mayor Regulation No. 65 of 2019, and the challenges faced in its implementation. Employing a normative juridical method with descriptive-analytical analysis, the research utilizes both primary and secondary data, analyzed qualitatively. The findings show that in 2023, restaurant tax revenue exceeded the target by 26.34%, indicating compliance with the Mayor Regulation and reflecting its practical effectiveness. However, several obstacles hinder optimal tax collection, including low taxpayer compliance particularly among MSMEs uneven technological infrastructure such as tapping box installations, insufficient qualified personnel in BAPENDA, and weak coordination among government sectors. the regulation is considered a progressive legal instrument and serves as a model for other regions in developing a modern, transparent, and adaptive tax system that supports regional economic resilience and governance
PENGATURAN DAN PENGELOLAAN PERAMPASAN ASET HASIL TINDAK PIDANA DI INDONESIA DAN AUSTRALIA: Regulation and Management of Asset Forfeiture of Criminal Proceeds in Indonesia and Australia
Full text linkAsset forfeiture is often linked to financial smuggling resulting from a crime. The United Nations Convention Against Corruption (UNCAC), encourages its member states to implement asset forfeiture as part of efforts to eradicate corruption and money laundering. Indonesia through Law Number 31 Year 1999 on the Eradication of Corruption, while Australia through the Proceeds of Crime Act 2002. In this issue there are at least 2 (two) problem formulations, namely: 1). How is the Regulation of Asset Forfeiture of Proceeds of Crime in Indonesia and Australia? 2). How is the Management of the Proceeds of Crime Asset Forfeiture in Indonesia and Australia? The normative research method with the nature of descriptive research. The results of the discussion and conclusions are as follows are namely Australia more comprehensively regulates asset forfeiture while Indonesia is still in the form of an Asset Forfeiture Bill. In Indonesia, the management of asset forfeiture proceeds is managed by the Directorate General of State Assets (DJKN) while in Australia by specialized institutions namely the Australian Financial Security Authority (AFSA), Australian Federal Police (AFP), and Confiscated Assets Account (CAA)
PENGARUH TEKNOLOGI TERHADAP KEPEMILIKAN HAK KEKAYAAN INTELEKTUAL: The Influence of Technology on Intellectual Property Ownership
Full text linkOne of the impacts of rapid technological advancement is the emergence of anti-mainstream thinking. In 2015, an animal protection organization declared that Naruto, a Bornean monkey, had the right to copyright for his own selfie. As Artificial Intelligence technology developed rapidly and its performance surpassed human capabilities, it was argued that Artificial Intelligence should be entitled to Intellectual Property Rights. This paper uses normative research methods with legislative and case approaches. Based on several theories, it can be concluded that a legal subject is anything that can hold rights and obligations under the law. Technically, Artificial Intelligence can indeed perform many tasks usually done by humans, but it must be noted that Artificial Intelligence cannot enjoy its rights and fulfill its obligations. Artificial Intelligence is still a technology in the form of a computer system resulting from human innovation, not something that exists by itself. Therefore, Artificial Intelligence cannot be granted any rights, including Intellectual Property Rights, because the concept of Intellectual Property Rights is a right given to anyone who engages in intellectual activities and produces intellectual works. This right is given so that intellectual work owners can gain economic benefits, promoting the creation of sustainable Intellectual Property products
DISPARITAS PUTUSAN HAKIM DALAM DALUARSA GUGATAN PHK PADA PENGADILAN HUBUNGAN INDUSTRIAL: Disparity in Judges\u27 Decisions in the Expiration of Termination Lawsuits at the Industrial Relations Court
No full textInitially in the Legislative Regulations, Article 82 of Law Number 2 of 2004 concerning Settlement of Industrial Relations Disputes should have been the legal basis used by the judge in deciding the case. Article 1969 of the Civil Code stipulates that the expiration period for cases of employment termination is 2 years. Changes occurred later where Law Number 06 of 2023 concerning Ratification of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation became law removing articles related to expiration, namely Article 89 and Article 171. Constitutional Court Decision Number 94/even later decided that the expiration period would only last one year. Various changes to statutory regulations governing changes in regulations regarding the expiration date for filing a lawsuit at the Industrial Relations Court have actually been discussed in several national journal articles in Indonesia, but the impact on filing lawsuits and the results of decisions at the Industrial Relations Court ultimately creates legal uncertainty for the parties. The formulation of the problem in this paper is how judges in their judgment assess whether a lawsuit in the Industrial Relations Court has or has not expired and how the disparity in Industrial Relations Court decisions in terms of expiration affects legal certainty regarding the expiration of the lawsuit
TINJAUAN TEORI KRIMINOLOGI DALAM KEJAHATAN SIBER (KASUS KEBOCORAN DATA NASABAH) : Overview of Criminological Theory in Cyber Crime (Customer Data Leakage Cases)
Full text linkInternet or mobile banking is an application or service that connects a device to a banking system. Internet and mobile banking services have many benefits, especially facilitating transactions that only use electronic devices that have internet access. However, with such facilities there are also risks and threats to the users of the tenology services. In some cases, banks may experience digital service disruption caused by hacker attacks. Hacker attacks include cybercrime and violations of the law. Criminological theory can be used to enforce criminal law because it provides answers to the questions of how or why a person and certain behavior are considered evil by society. This study tries to explore criminological theories that can be used in cybercrime in cases of customer data leakage. With the method of juris-empirical research, the author hopes to study the criminological theory in cybercrime, so that the theory can be used to counter its crime in the case of customer data leakage. The conclusion of this study is that there are four criminological theories that can be used to analyze cybercrimes in hacker cases involving customer data leaks, namely: anomie theory, differential association, social control, and neutralization. This criminological theory can be used as a government strategy to take penal and non-penal policy steps against cybercrime in Indonesian banking
HAKIKAT KEBENARAN DAN KESETARAAN YANG DICARI DALAM PRINSIP MENDENGAR PIHAK-PIHAK : The Essence of Truth and Equality Sought In The Principle of Hearing The Parties
Full text linkIn civil litigation, the phenomenon of judgments that do not reflect the fairness or balance of the litigants undermines justice and legal certainty. Although the legal principle of hearing both parties is a manifestation of balance in judicial procedures, the judge\u27s decision does not provide strict punishment for violations of legal principles, only violations of the code of ethics so that they are often violated in practice. Basically, this process focuses on the truth that will be sought and found for a fair and balanced trial in a civil case. This research uses a qualitative approach, with primary and secondary data sources which will then be analyzed with analytical descriptive techniques to answer legal issues. The results of the study concluded that in principle the judge looks for formal (relative) truth in the evidence presented by the parties, but if the judge is not sure it is okay to make a legal breakthrough by seeking material truth in the evidentiary process at trial to get a fair and balanced verdict. This study recommends that judges should actively seek truth in the civil cases they handle even though civil judges are civil judges in principl