Jurnal Hukum
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Music Copyright Protection in the Digital Era: Legal Framework and Strategies for Enforcement
Get PDFThis research investigates the factors contributing to global music copyright infringement in the digital era, the legal framework established by Indonesian Law Number 28 of 2014 on Copyright, and strategies for strengthening protection. Using a doctrinal legal research approach, the study incorporates statutory and comparative legal analyses to assess the effectiveness of Indonesia’s copyright laws and proposed strategies. The findings indicate that digital piracy globally is primarily driven by technological advances, the ease of sharing pirated content, and inconsistent international copyright laws. These issues have resulted in significant financial losses for creators and the rise of new forms of piracy. In Indonesia, while Law Number 28 of 2014 provides robust protections for creators, including economic and moral rights, enforcement remains problematic due to low public awareness and the rapid pace of technological advancements. Key institutions, such as the Directorate General of Intellectual Property (Direktorat Jenderal Kekayaan Intelektual/DJKI) and Collective Management Institutions (Lembaga Manajemen Kolektif Nasional/LMKN), play a critical role in enforcement but need further support. The study recommends strengthening legal frameworks, international harmonization, and leveraging technological solutions such as blockchain to improve copyright enforcement in Indonesia and ensure fair compensation for artists
The Urgency of Restorative Justice in Renewing Criminal Law
Get PDFThis change in the concept of punishment is partly due to the consequences of imprisonment having greater negative effects and not proving its success in reducing crime rates. The purpose of this writing is to analyze the retributive justice paradigm in current criminal law enforcement, and to analyze the urgency of restorative justice in criminal law reform in Indonesia. The research uses a normative juridical approach and the specifications of this research use descriptive analysis methods. The results of this research are that the punishment system through imprisonment makes a prisoner isolated from society and family, so that psychologically the prisoner can experience stress and decline in mental health. The concept of restorative justice offers a recovery process that involves the perpetrator and victim or the victim's family directly in solving the problem. The application of restorative justice returns the conflict to the parties in order to emphasize human rights and the need to restore the impact of social injustice in a simple way, still providing the perpetrators with justice rather than formal (legal) justice where victims do not get justice. Restorative justice also seeks to restore security, personal respect and dignity to the victim
Strengthening Corporate Governance Through Legal Compliance and Ethical Codes of Conduct
Get PDFThis study investigates the role and implementation of a company's code of ethics as a cornerstone of good corporate governance. The research aims to examine the contents of corporate codes of ethics, the enforcement of sanctions for violations, and the mechanisms for preventing actions that contravene ethical standards. The code of ethics serves as a guiding framework for employees, fostering professionalism, integrity, and commitment. It encapsulates normative ethics and facilitates the practical application of corporate values in daily activities. Findings reveal that the structure and content of codes of ethics vary across organizations, ranging from concise to highly detailed formats. Employees affirm their adherence through integrity and compliance pacts, establishing a mutual agreement on the disciplinary measures for breaches. Sanctions for violations are proportionate to the nature of the offense and may include multiple forms of disciplinary action. An appeal mechanism and oversight by designated supervisors ensure the fair implementation of sanctions. Furthermore, the Board of Directors plays a pivotal role in exemplifying ethical behavior and reinforcing compliance through decisive actions. This research underscores the importance of a well-defined and enforced code of ethics in fostering an ethical corporate culture and ensuring accountability within organizations
Analysis of the Legal Basis of Marriage Agreements and Their Implications for the Position of Inheritance Property
Get PDFThis study explores the legal foundation of marriage agreements in Indonesia, specifically examining Law Number 1 of 1974 on Marriage and Constitutional Court Decision No. 69/PUU-XIII/2015. The primary focus of this research is to understand how marriage agreements impact the distribution of inheritance and their implications in resolving inheritance disputes. Meanwhile, Constitutional Court Decision No. 69/PUU-XIII/2015 expands the scope for creating and modifying marriage agreements during the marriage, providing additional flexibility that was previously unavailable. The methodology employed in this research is a normative juridical approach. A literature review method is used to gather relevant data and information from various legal sources. The primary legal materials used in this research include the Civil Code, Law Number 1 of 1974 on Marriage, and Constitutional Court Decision No. 69/PUU-XIII/2015. Additionally, secondary legal sources such as academic literature, legal journals, textbooks, and scientific articles are also utilized to enrich understanding and provide a broader theoretical context and perspective in the analysis. The findings indicate that a valid marriage agreement provides legal protection and certainty in the distribution of inheritance, while agreements not in accordance with positive law are at risk of being rejected in inheritance disputes
The Environmental Legal Responsibility of Cigarette Companies in Community Economic Empowerment
Get PDFLegal and environmental responsibility is part of a concept in business known as corporate social responsibility, because the concept of corporate social responsibility broadly includes responsibility in the economic and environmental sectors. This study aims to examine the strategy for implementing legal responsibility in the social and environmental sectors in empowering the community's economy and the forms of implementing corporate social responsibility in the social/community sector. Through an empirical or non-doctrinal legal approach with primary and secondary data and using qualitative analysis, answers to this research question can be found. The results of the study state that the strategy for implementing social responsibility in the social/community sector is carried out through several strategies, namely identifying stakeholders, setting priorities, focusing on important issues, partnerships with external parties and companies, transparency and reporting, as well as measurement and evaluation to achieve a balance between achieving profits and social and environmental responsibilities. Several large cigarette companies in Kudus have carried out their Corporate Social Responsibility obligations through several activities such as empowering Village-Owned Enterprises, empowering MSMEs and holding training related to empowering the community's economy
The Revitalizing Indonesia's Religious Courts System: The Modernization Impacts and Potentials of E-Court
Get PDFThe electronic court (E-Court) system implemented in this study utilizes online technology to facilitate the legal process. This system is based on the principles of fast, simple, and low-cost, and it is designed to address the challenges of traditional court procedures. The objective of this research is to evaluate the effectiveness of E-Court implementation in the Kendal and Semarang Religious Courts in accordance with the Supreme Court Regulation No. 1 of 2019, No. 3 of 2022 and No. 7 of 2022 as well as the Directorate General of Religious Courts Agency No 5374/DJA/HM.01/X/2019, in achieving the principles of fast, simple, and low-cost. This study employs a juridical-empirical approach, using data gathered through interviews, observations, and literature review. The findings indicate that the online justice system, implemented with the aim of expediting the legal process, has been well received by the community, and has proven to be highly efficient in the Kendal and Semarang Religious Courts. Overall, this research highlights the importance of E-Court implementation in delivering fast, simple, and low-cost for the community, while acknowledging the need for continued efforts to enhance the system's accessibility and inclusivity
Legal Uncertainty Regarding the Status of Children Born Out of Wedlock in the Perspective of Hifdzu al-Nasl
Get PDFThe concept of hifzu al-nasl in maqasid sharia emphasizes the importance of protecting one's nasab, providing legal protection, and fulfilling children's rights to achieve a prosperous life in this world and the hereafter. The aim of the resulting research is to analyze the concept of hifdzu al-nasl in maqasid as-syariah in legal certainty regarding the status of children outside of marriage. This research uses a doctrinal research approach. In the context of hifzu al-nasl, the principles of maqasid as-syariah emphasize the need to protect the nasab, uphold the rights of children, and guarantee the welfare of descendants to achieve justice in this world and the hereafter. The novelty of this research highlights the importance of an integrative approach between positive law and Islamic law to overcome legal uncertainty surrounding illegitimate children, as well as expanding the meaning of hifzu al-nasl by including recognition of children's rights without linking them directly to biological birth
Criminological Perspective in Crime Prevention of Land Grabbing
Get PDFLand grabbing, a pervasive issue with significant social, economic, and environmental consequences, is often rooted in unlawful land appropriation, highlighting the need for effective legal reforms and policy implementation. This study explores the issue of land grabbing in Indonesia from a criminological perspective, focusing on the intersection of criminal law enforcement and social policy. The research aims to analyze the causes, effects, and potential solutions to land grabbing, with a particular emphasis on social defense and justice. Using a normative juridical approach, the study examines relevant legal norms, regulations, and frameworks, which address land grabbing and its law enforcement. Findings suggest that a comprehensive approach involving legal enforcement, public education, improved land administration, and active community participation is essential to reduce land grabbing. The study concludes that a balanced integration of legal measures and social interventions is necessary to protect property rights, promote justice, and create a fairer and more stable environment for land ownership in Indonesia
Social Security Programs in Islamic Law: A Comparative Study of Fatwa Institutions on Indonesia’s Health Insurance
Get PDFThis research addresses the divergence of scholarly opinions regarding the legal status of Indonesia's National Health Insurance (BPJS Kesehatan) and its implications for Sharia compliance. The controversy arises from varying arguments put forth by the Indonesian Ulema Council (MUI) and Nahdlatul Ulama as the largest Islamic organization in Indonesia, which has implications for the pro-people government program. The study aims to identify and analyze the factors contributing to the disparities in fatwas issued by MUI and NU concerning national health insurance. Additionally, it examines the role of scholars in shaping public policies to ensure their alignment with Sharia principles. The method used in thos study is by employing a descriptive-analytical approach, this research combines document studies and interviews for data collection. Qualitative analysis, guided by ushul fiqh and fiqh siyasa principles, is used to evaluate the controversies surrounding national health insurance issues. The research reveals that discrepancies in fatwa rulings are rooted in differences in the focus of study. MUI emphasizes the contractual aspect, deeming National health insurance incompatible with Sharia principles. In contrast, NU highlights the program's societal benefits, considering it Sharia-compliant due to its social insurance components. This study demonstrates that scholars' involvement in policy formulation is essential to ensure compliance with Islamic law. The divergence of fatwas regarding national health insurance underscores the need for greater scholarly input in shaping pro-people government programs. This research offers a comprehensive analysis of the national health insurance controversy from a scholarly perspective, shedding light on the critical role of scholars in policy-making processes in predominantly Muslim countrie
Ensuring Land Status Security to Accelerate the Rejuvenation of Small-Scale Oil Palm Plantations in Indonesia
Get PDFThis study examines the role of land status in accelerating the Small-scale Palm Oil Rejuvenation (Peremajaan Sawit Rakyat or PSR) program in Indonesia, particularly in light of the Job Creation Law and its derivative regulations. The research aims to evaluate the effectiveness of these legal provisions in addressing challenges within the palm oil sector, especially for small farmers, by ensuring land status certainty. A normative legal research approach, utilizing NVivo 12 Plus software for data analysis, was employed to analyze secondary data from regulations, journal articles, government reports, and online media. The study finds that resolving land status issues is crucial for the effective implementation of the PSR program, highlighting the need for improvements in geospatial data support, synchronization of statutory regulations, and coordination among ministries and local governments. The results emphasize the importance of continuous policy review and legal adjustments to overcome the complexities of land tenure in the palm oil industry. This research provides practical insights for stakeholders to reform land policies and enhance the implementation of the PSR program, ultimately contributing to the growth and sustainability of smallholder palm oil plantations in Indonesia