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Analysis of the Effectiveness of the Application of Restorative Justice in Criminal Cases in Indonesia Alif Darmawan, Rifqi; Mahesa Rizki Diputra, Muhammad; Rahman, Alip; Sutrisno, Anom
Journal of World Science Vol. 3 No. 5 (2024): Journal of World Science
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jws.v3i5.612

Abstract

This research examines the application of restorative justice in Indonesia's criminal justice system, focusing on analyzing its effectiveness in resolving criminal cases. This research aims to examine the application of restorative justice in the criminal justice system in Indonesia, with a focus on analysing its effectiveness in resolving criminal cases. Restorative justice emphasizes victim recovery, offender responsibility, and community reconciliation as an alternative to the traditional punishment-based retributive approach. The research method used is a normative legal study with a qualitative approach and secondary data from a literature review, including books, scientific journals, research reports, and official documents. The research findings show that restorative justice has been successfully applied in several cases, especially minor crimes, with more satisfactory outcomes for victims and better offender rehabilitation. However, there are obstacles, such as limited resources, lack of community understanding, and challenges in the mediation process. Training for mediators, increased public awareness, and supportive policy changes are recommended to improve its effectiveness. The implications of this research indicate the need for legal reforms to integrate restorative justice more broadly in the criminal justice system in Indonesia in order to create a more just and sustainable legal environment.
Analysis of implementation of trade secret legal protection in franchise businesses Karmana, Gadis Reyatezar; Septiani, Dini; Waskim, Waskim; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.844

Abstract

Franchising has significant potential but also high risks due to trade secret violations. Law Number 30 of 2000 regulates trade secrets, but these violations can be detrimental to the party providing the secret. Research on the feasibility of establishing legal protection for trade secrets in franchise companies is crucial. This research aims to examine how franchise businesses have used trade secret legal protections. A qualitative methodology was used, and data collection techniques involved collecting relevant documents. The findings indicate that if trade secrets meet the criteria regulated in Article 1 Paragraph 1 of the Trade Secrets Law, they are entitled to legal protection. Violations may result in criminal sanctions, including imprisonment for up to 2 years or a fine of up to Rp. 300 million.
Legal protection of consumers for transactions in counterfeit goods Septiatiarini, Nadia; Aulia, Puput; Rahmawati, Sindy Dwi; Rahman, Alip; Dikrurahman, Diky
Indonesian Journal of Multidisciplinary Science Vol. 3 No. 6 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v3i6.849

Abstract

This study examines the legal protection against consumers in Indonesia for the transaction of counterfeit goods. It uses normative legal research and everyday life studies to analyze the contemporary situation. The study reveals that legal protection against counterfeit goods is regulated by Law Number 15 of 2001, which criminalizes business actors selling counterfeit goods, and Government Regulation Number 82 of 2012, which emphasizes the need for accurate information about producers, goods supplied, and contract terms. Additionally, Article 8 of Law Number 8 of 1999 prohibits business actors from trading goods or services that do not meet the requirements for labels, information, advertising, or sales promotion.
Legal Protection for E-commerce Business Actors regarding Consumer Reviews Choeirunnissa, Julia; Situmorang , Martin; Zidan, Muhamad; Sutrisno, Endang; Rahman, Alip
Jurnal Impresi Indonesia Vol. 3 No. 5 (2024): Jurnal Impresi Indonesia
Publisher : Riviera Publishing

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58344/jii.v3i5.4852

Abstract

Customer reviews in e-commerce play an important role in influencing the decisions made by customers. Before making a purchase, many people read positive customer reviews because they can offer useful information to potential buyers and increase their overall level of trust in the product. The purpose of this research is to analyse the good faith of business actors and how it impacts the law stipulated in the Consumer Protection Law. This research utilizes a normative legal research study whose findings show that consumers are not liable for criticism that harms businesses, according to the Consumer Protection Law (UUPK). In particular, Article 5a requires consumers to pay special attention to product descriptions listed in stores. In the e-commerce business world, business actors utilize the latest technology such as the internet to facilitate their business activities, yes; they get a number of benefits such as serving customers and making it easier to access distant information more quickly. If business actors receive negative reviews from consumers that do not match the facts so as to cause losses to business actors, the legal protection for business actors based on a positive legal perspective will be analysed. Based on the results of the analysis, it is found that giving negative reviews by consumers without a clear explanation and not according to the facts can harm business actors. This is considered a bad faith action by consumers.
Legal Protection for Small and Medium Enterprises (SMEs) in Facing Unfair Business Competition Indah Lestari, Putri; Wardi, Wardi; Basujata, Tatang; Rahman, Alip; Dikrurahman, Diky
Journal Research of Social Science, Economics, and Management Vol. 4 No. 1 (2024): Journal Research of Social Science, Economics, and Management
Publisher : Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jrssem.v4i1.690

Abstract

In the context of toxic business competition, this research investigates the legal protection of Micro, Small, and Medium Enterprises (MSMEs) in Indonesia, particularly in partnerships with large corporations. The primary emphasis is on the implementation of Law Number 5 of 1999, which prohibits monopolistic practices and unfair business competition, and Law Number 20 of 2008, which pertains to small and medium-sized enterprises. Data was collected from literature studies, pertinent regulations, and in-depth interviews with relevant stakeholders using a qualitative approach and a case study design. The research results show that although the legal framework already exists, effective implementation still requires improvement. MSMEs face various challenges in partnerships with large companies, including access to resources and greater risks in business transactions. Recommendations are prepared to strengthen legal protection through regulatory revisions, strengthening legal institutions, legal education, developing partnerships, and stricter law enforcement. The main aim is to increase fairness in business relations between MSMEs and large companies, as well as support inclusive and sustainable economic growth in Indonesia. It is hoped that the implications of this research can provide a positive contribution in renewing policies that support the development of MSMEs as the backbone of the national economy.
Juridical Study of Customary Law In The Indonesian National Legal System Setiawan, Irgi; Muzaffar Wahyu, Ariq; Rahman, Alip; Sutrisno, Anom
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.317

Abstract

Customary law, as an integral part of the cultural and social identity of Indonesian society, has an important role in shaping the norms and values that prevail in various communities. This study aims to examine the juridical aspects of the recognition and application of customary law within the national legal framework, focusing on the constitution, laws, and regulations governing customary law. The research method used is the normative juridical method with an analytical-descriptive approach. The data analysed consisted of primary legal sources, such as the 1945 Constitution, laws, and court decisions, as well as secondary legal sources, including legal literature and previous research. The results show that although customary law is constitutionally recognised, there are significant challenges in its implementation at the national level. This is mainly due to the existence of legal dualism, norm conflicts between customary law and national law, and the lack of harmonisation in legislation governing the existence of customary law. The study concludes that further efforts are needed to harmonise customary law with national law through legislative reform, legal education, and public awareness raising. Thus, customary law can function effectively and fairly in the national legal system, while preserving Indonesia's cultural diversity.
Legal Aspects In Handling Money Laundering Cases In Indonesia Riswanto, Riswanto; Akbar Rachmatullah, Muhammad; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 8 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i8.318

Abstract

Money laundering poses a serious threat to the integrity of the financial system and the stability of society, prompting the need for effective handling from all parties involved. This research discusses the legal aspects of handling money laundering cases in Indonesia. Using a descriptive-analytical qualitative approach, this study analyses the existing legal framework, its implementation in law enforcement practice, and the challenges faced by law enforcement officials in handling money laundering cases. Data was collected through literature study and analysis of money laundering cases that have been decided by the court. The results show that although Law No. 8/2010 has provided a strong legal foundation, there are still challenges in its implementation including limited resources, inter-agency coordination, and the development of increasingly sophisticated money laundering methods. Based on these findings, this research presents policy recommendations to strengthen law enforcement in handling money laundering offences in Indonesia.
Analysis of the Legal Effects of Default in the Sale and Purchase Agreement for Agricultural Facilities against the Parties (Case Study of District Court Decision Source Number 30/Pdt.G/2022/PN Sbr) Rahmah Nurazizah, Maulina; Shabrinah, Luthfiyah; Mayana, Sinta; Rahman, Alip; Dikrurahman, Diky
Asian Journal of Social and Humanities Vol. 2 No. 9 (2024): Asian Journal of Social and Humanities
Publisher : Pelopor Publikasi Akademika

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59888/ajosh.v2i9.326

Abstract

The legal basis for assessing a default case is Article 1238 of the Civil Code which explains that a default occurs when the debtor does not fulfill its obligations according to the agreement. A tort lawsuit is a civil lawsuit that refers to default in an agreement and is submitted through a lawsuit letter, where letter evidence has an important role in proving the claim. In the decision of this case, the court considers the evidence and suitability between the claim and the relevant legal basis for making a decision in the case. Factors such as the location of the collateral object, differences in the name of the landowner, and the clarity of the goods auctioned are the main considerations in determining the granting of the lawsuit and the rejection of the application for auction of collateral. The results showed that the Source District Court used Article 1238 of the Civil Code as a legal basis in assessing cases of default in the sale and purchase agreement of agricultural facilities, with a letter of agreement as the main evidence. The factors that caused some of the Plaintiff's claims to be granted and some of the Defendants' requests for auction of debt collateral were the discrepancy between the description of the lawsuit and the evidence of the letter submitted, especially regarding the location of the collateral object, differences in the name of the landowner, and the vagueness of the goods to be auctioned.
The Impact of Social Media on Social Interaction and Self-Identity in Indonesian Society Panca Nugraha, Aditya; Kurnia, Andini; Irawan Pratama Putra, Puji; Rahman, Alip; Dikrurahman, Diky
Journal of Social Research Vol. 3 No. 9 (2024): Journal of Social Research
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/josr.v3i9.2254

Abstract

The development of information and communication technology has changed the way humans interact. Social media, as one of these technological products, has become an inseparable part of everyday life. In Indonesia, social media use has increased significantly, especially among the younger generation. This research aims to identify the positive and negative impacts of social media on social interaction in Indonesian society. This study used qualitative research methods. The data collection technique in this research is a literature study. The data that has been collected is then analyzed in three stages: data reduction, data presentation, and drawing conclusions. The research results show that social media brings significant changes in social interactions and self-identity, including enriching social experiences, developing self-identity, simplifying the communication process, helping to build new communities, assisting individuals in expressing themselves, and increasing social awareness. However, this positive impact is also balanced by negative impacts, such as excessive use of social media leading to dependence and addiction, cyber bullying, privacy theft, social comparison, fake news, and the use of fake identities. The findings of this study have significant implications for policymakers, educators, and social media platform developers. Understanding the dual impact of social media on society can inform the creation of policies and educational programs that promote responsible social media use while mitigating its negative effects.
Policy On The Formulation of Criminal Law On Illegal Firearm Ownership In Criminal Law Reform In Indonesia Mundzir Rasyid, Abal; Safiranata, Arisandy; Athur, Mohamad; Rahman, Alip; Dimyati, Agus
Devotion : Journal of Research and Community Service Vol. 6 No. 1 (2025): Devotion: Journal of Community Research
Publisher : Green Publisher Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59188/devotion.v6i1.25410

Abstract

Firearm abuse is the most frequent case today. A firearm for the general public is an object/tool used to attack or defend oneself which as a result if shot by a firearm can cause serious injury or death and one of the most disturbing crimes for the community is the crime of using firearms. The flow of crime using the threat of violence and with firearms is indeed very disruptive to public security and order, causing concern in the community.