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All Journal Jurnal Legalitas Ensiklopedia of Journal JISIP: Jurnal Ilmu Sosial dan Pendidikan JURNAL ILMIAH ADVOKASI JURNAL USM LAW REVIEW Al-Manhaj: Jurnal Hukum dan Pranata Sosial Islam Kanun: Jurnal Ilmu Hukum Amicus Curiae Binamulia Hukum
Gultom, Elfrida Ratnawati
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Religion Arts Humanities Computer Science & IT Economics, Econometrics & Finance Education Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISIS PUTUSAN MAHKAMAH AGUNG NOMOR 873 K/PID/2020 TENTANG PEMERIKSAAN PERKARA NEBIS IN IDEM: Analysis Of Decision Of The Supreme Court Number 873 K/Pid/2020 Concerning The Examination Of The Nebis In Idem Firdaus, Zainudin; Gultom, Elfrida Ratnawati
AMICUS CURIAE Vol. 1 No. 3 (2024): Amicus Curiae
Publisher : Faculty of Law, Universitas Trisakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/7phg5r40

Abstract

The purpose behind this composing is to talk about the assessment of the ne bis in idem case which was reconsidered by the South Jakarta Area Court. Will a case that has been inkracht be resubmitted in an assessment strategy at the Locale Court (Ne bis inidem) and what is the legitimate thought of the board of judges in the High Court choice Number 873 K/Pid/2020 concerning Assessment of the Nebis In Idem Case? This is the primary issue in this postulation. The composition of this postulationdepends on standardizing research, which is enlightening scientific by utilizing optional information which is investigated subjectively with the logical strategy as an end. In view of the examination led, it tends to be presumed that (1). Cases that have been inkracht at the High Court level must be reconsidered at the High Court, as specified in Part XVIII of the Criminal Strategy Code concerning Phenomenal Legitimate Cures by Cassation In light of a legitimate concern for Regulation as well as Legal Survey. Sothat in the event that a reconsideration is completed at the Region Court level, it should utilize another case number that isn't important for the connected subordinate case number. ( 2). The lawful outcomes of the High Court Choice Number 873 K.Pid/2020on the subsidiary of choice number 1036/Pid. B/2018/PN Jkt. Sel put forth the defense Ne bis in Idem in light of the fact that it brought about 2 (two) ultimate conclusions out of 1 (one) case number satisfying the components of Article 76 of the Crook Code.
TEORI HUKUM PEMBANGUNAN ANTARA DAS SEIN DAN DAS SOLLEN Akbar, Kemas Ilham; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2827

Abstract

The current Legal Theory of Development is a product designed by Indonesians, with adjustments that reflect local cultural contexts and values. This theory was formed, grew, and developed from Indonesia's unique conditions, so its application requires special attention to the diversity and social circumstances of local communities. The challenge faced is how to integrate this theory into the national legal system and the extent of its influence on legal reform in Indonesia, both in reality (das sein) and ideal (das sollen). This research uses a normative juridical method with a descriptive approach, in which secondary data is analyzed qualitatively and concluded with a deductive logic approach. The results show that the application of Legal Development Theory in the National Legal System reflects the aspirations of the community in assessing the implementation of the current law. The impact of this theory on the modernization of national law confirms the ideal concept (sollen) which is recognized and reflected in the social reality (sein) of society.Keywords: Legal Development, Das Sein, Das Sollen
PERLINDUNGAN HUKUM TERHADAP BANK SELAKU KREDITUR SEPARATIS DALAM PERKARA PAILIT MELALUI PENDEKATAN TEORI HUKUM ALAM Refra, Dirar Mahdirman; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2819

Abstract

Banks as separatist creditors holding mortgage rights are parties that should be outside the bankruptcy estate when a peron or legal enrtity is declared bankrupt. The bank as the holder of the mortgage is a creditor who long before the bankruptcy of a person or legal entity has been bound through an agreement with the person or legal entity that is bankrupt. The aim of this research is to understand and explore normatively the legal protection of banks as separatist creditors in bankruptcy cases. The research method uses normative juridical research, descriptive in nature, secondary data is analyzed qualitatively and conclusions are drawn using deductive logic. However, in practice the bank’s mortgage is in the hands of the curator, which means that the bank cannot execute it when the mortgage provider is unable to pay. This has resulted in banks as separatist creditors not getting adequate legal protection. The development progress achieved by a country, sepecially in the economic sector, cannot be separated from the role of bankin. This role is able to affect the pace of economic development in a country, one og whin is indonesia.  Keywords: Legal Protection, Bank, Bankruptcy 
PENEGAKAN HUKUM TERHADAP PELAKU BISNIS SKINCARE YANG TIDAKMEMATUHI REGULASI BPOM DI INDONESIA Sofia, Sofia; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2834

Abstract

According to the Regulation of the Head of BPOM No. 23 of 2019 concerning Cosmetic Requirements Article 2, business actors are required to ensure that cosmetics produced for domestic distribution and/or imported for distribution in the territory of Indonesia meet the technical requirements of Cosmetic Ingredients. It is not uncommon for skincare entrepreneurs to not comply with the rules and regulations of the "Food and Drug Supervisory Agency (BPOM)." This study aims to investigate how law enforcement works against skincare businesses that violate BPOM regulations and their consequences for buyers and sellers. From the results of the research conducted by the author, the author obtained the formulation of the problem "Are there obstacles in the SKINCARE business that does not comply with BPOM in Indonesia?" and "are there obstacles in the skincare business that does not comply with BPOM in Indonesia? 'so that this study is expected to produce views and knowledge for consumers and business actors in increasing knowledge and compliance in the skincare manufacturing industry, especially in terms of compliance with applicable laws. The method used is a normative method using a "statutory approach" by reviewing and understanding the relevant literature. The results show that efficient law enforcement not only maintains consumer health, but also encourages business actors to comply with applicable parameters.Keywords: Law Enforcement, Busines Actors, Skincare, BPOM
PERSPEKTIF KETIDAKPASTIAN STATUS HUKUM RUMAH SUSUN BUKAN RESIDENSIAL MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2011 TENTANG RUMAH SUSUN Rahman, Garry Triargo; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2821

Abstract

Abstract: The elimination of the pure non-residential function of apartment buildings in Apartments Law creates legal uncertainty, leading to issues in certifying the rights of non-residential apartment units, including their legal entity status. The method used is normative, employing secondary data analyzed descriptively with conclusions drawn qualitatively. The legislative gap caused by lawmakers' oversight has led to uncertainty and a lack of legal protection for non-residential apartment buildings without any corrective measures from lawmakers. Consequently, this paper highlights the lawmakers' lack of engagement with stakeholders and apartment building experts, resulting in a focus on residential and mixed-use functions, overlooking the legal reality of pure non-residential apartment buildings that have existed since 1985.Keywords: Legal Status, Apartment, Non-Residential
URGENSI PEMBENTUKAN KOMISI ETIK KECERDASAN ARTIFISIAL (AI) DI INDONESIA Mendrofa, Idaman Jaya; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2824

Abstract

Abstract: To ensure that AI technology is used in a way that is beneficial and does not harm society, this study aims to investigate the need for Indonesia to establish an Artificial Intelligence (AI) Ethics Commission. The main issue raised in this study is whether Indonesia needs to immediately establish an AI Ethics Commission. The methodology used is normative research with descriptive analysis, and secondary data is collected from various legal sources and related literature. Based on the research findings, an ethics commission is very important to monitor and enforce the AI code of ethics in accordance with the regulations of the National Science and Technology System Law (UU IPTEK). In short, the establishment of an Artificial Intelligence Ethics Commission will encourage the ethical use of AI and reduce the possibility of misuse of technology. The establishment of this commission is suggested by this study as a calculated step to support moral standards in the use of AI in Indonesia.Keywords: Urgency, Ethics Commission, Artificial Intelligence
URGENSI PEMBENTUKAN LEMBAGA APPRAISAL HAK CIPTA MUSIK SEBAGAI PEMENUHAN KEPASTIAN HUKUM DALAM PEMBIAYAAN JAMINAN FIDUSIA Randhy, Muhammad; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2828

Abstract

Fiduciary guarantee financing has penetrated into the world of music. However, in terms of the implementation of fiduciary jaminn financing through music copyrights, there are still problems related to the role of the appraiser as a determinant of the valuation of music copyrights. It becomes a further problem because the current legal aturn has not clearly regulated who and how the role of the music copyright appraiser so as to cause legal uncertainty in the implementation of the financing scheme.  This research is a normative research that uses secondary data in its implementation. The secondary data consists of primary, secondary, and tertiary legal materials obtained through literature study. After the data is collected, it will be processed with qualitative data processing methods. The results showed that a special appraisal institution for music copyright is needed to improve the accuracy and objectivity of valuation, which has not been fully done by public appraisers. This institution can support copyright-based financing that is more optimal and safe for financial institutions.Keywords: Music Copyright, Fiduciary Guarantee, Appraiser, Valuation
SANKSI PIDANA PELAKU PERDAGANGAN ORANG ONLINE MELALUI UNDANG-UNDANG NOMOR 11 TAHUN 2008 DAN TRANSAKSI ELEKTRONIK PASAL 27 AYAT 1 Nurmayana, Suri; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2836

Abstract

In light of "Law Number 11/2008 on Electronic Information and Transactions," this study addresses the criminal penalties for internet trafficking. Trafficking through online platforms is becoming more common as a result of the quick advancement of information technology, which presents significant difficulties for law enforcement. Examining the relevant legal provisions and the execution of criminal penalties in court-decided instances is the goal of this study. The following are issues with writing about the study: (1) Which sections of Law Number 11 of 2008 are pertinent to the criminal penalties for internet traffickers? (2) Based on previous court rulings, how are criminal penalties for traffickers using internet platforms being applied? It is intended that by thoroughly examining laws and writing, it will fulfill a function and demonstrate a commitment to the efficiency of law enforcement and the safety of human trafficking victims in the digital age. This study attempts to shed light on how well laws work to deter and punish those who engage in online human trafficking by using a normative juridical approach backed by a review of court rulings. The study aims to investigate how the law can best protect victims, especially in the increasingly complicated digital age. It is anticipated that the findings of this study will significantly aid in the creation of laws that are more efficient and sensitive to the difficulties posed by human trafficking in the digital sphere.Keywords: Online Pimps, EIT Law, Article 27 Paragra, Criminal Law, Online Human Trafficking, Law Enforcement Officers
TINJAUAN ATAS KONFLIK PROSEDUR VERIFIKASI PENDAFTARAN MEREK DI DIREKTORAT JENDERAL KEKAYAAN INTELEKTUAL Morinka, Kara; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 2 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2826

Abstract

Abstract: The occurrence of conflicts in trademark registration verification at the Directorate General of Intellectual Property (DJKI) Indonesia, governed by Law Number 20 of 2016 concerning Trademarks and Geographical Indications, arises from subjectivity in the assessment of trademark similarities, registrations made in bad faith, and a lack of transparency in the verification process. This study focuses on analyzing the principle of due diligence by DJKI in preventing trademark conflicts. The research aims to discuss the optimization of the trademark registration verification process to enhance legal protection for trademark owners. The methodology employed is normative legal research with a legislative approach, involving an examination of Law Number 20 of 2016 and other relevant regulations. This study is expected to contribute to the development of legal science and provide strategic input for DJKI  to improve public services. In conclusion, the application of stricter due diligence principles and transparency in the verification process can minimize conflicts and enhance legal protection for trademark owners in Indonesia.Keywords: Conflict, Trademark Registration, Verification
PENINGKATAN KESEJAHTERAAN TENAGA KERJA DALAM UNDANG-UNDANG CIPTA KERJA BERDASARKAN TEORI HUKUM PEMBANGUNAN Herriyanto, Fajar; Gultom, Elfrida Ratnawati; Rahmawan, Dhany; Indirahati, Novina Sri; Bustani, Simona
Ensiklopedia of Journal Vol 7, No 2 (2025): Vol. 7 No. 2 Edisi 3 Januari 2025
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v7i2.2820

Abstract

Abstract: The Law of Job Creation is a strategic step of Indonesian Government to improve the economy through investment and accelerate job creation. However, government needs to ensure that basic labor rights are not ignored. The main problem is whether the Job Creation Law answers the modern employment challenges, such as job security, flexibility, welfare and labor rights protection. This research is expected in contributing to the Indonesian laws, as well as providing policy recommendations to ensure that legal reforms are truly promote labor welfare. A qualitative method with approach of normative and descriptive analysis with the main data source coming from laws and regulations are used in this research. Quantitative methods are used to analyze the Job Creation Law impact. Judging from the empirical data, there was a decrease in the wage,  failure to reduce the unemployment rate and reduce labor welfare after the Law’s implementation. The Law does not fully reflect the principles of development law, especially in protecting labor welfare. Although this law encourage economic growth through increased investment, several provisions that weaken labor protection must be reconsidered. There are many shortcomings in the Law’s implementation and can only be successful if it provides positive impacts on the welfare of the workforce.Keywords: Job Creation Law, Labor, Welfare, Development
Co-Authors Ahmad Fatoni Akbar, Kemas Ilham Anggun, Rizku Fouriza Aprilia, Claressa Begishev, Ildar Dhany Rahmawan Farawansa, Syukron Mahal Firdaus, Zainudin Herawati, Tanti Herriyanto, Fajar I Gede Yudi Arsawan Indirahati, Novina Sri Kolono, Sucipto Kristiani, Verlia Mansur, Habil Ma’ruf Mendrofa, Idaman Jaya Morinka, Kara Nurmayana, Suri Rahman, Garry Triargo Randhy, Muhammad Refra, Dirar Mahdirman Shabrina, Ghina Simona Bustani, Simona Siti Nurbaiti Sofia Sofia, Sofia Therik, Danish Ferdie Tungmiharja, Wilson