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Upaya Kepolisian Dalam Menanggulangi Kasus Pencabulan Yang Dilakukan Orang Tua Terhadap Anak Di Wilayah Polres Gorontalo Siti Nurhalisa Lahamutu; Moh R U Puluhulawa; Mohamad Taufiq Zulfikar Sarson
Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik Vol. 1 No. 3 (2024): Juli : Demokrasi: Jurnal Riset Ilmu Hukum, Sosial dan Politik
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/demokrasi.v1i3.227

Abstract

This journal discusses the police's efforts to tackle cases of sexual abuse committed by parents against children in the Gorontalo Police area. Through a case analysis approach, this research explores the forms of police countermeasures at the Gorontalo Resort Police, such as pre-emptive countermeasures are initial efforts made by the police to prevent the occurrence of crime so it is usually called initial prevention, and preventive countermeasures are is a follow-up to pre-emptive efforts which aim to prevent, reduce and eliminate crime, namely by avoiding clothing that can cause sexual stimulation of the opposite sex, as well as repressive countermeasures are efforts carried out by the authorities after a crime occurs, such as taking action against the perpetrators accordingly. with his actions. Such as strict law enforcement, fair trials, rehabilitation
Akibat Hukum Yang Timbul Terhdap Tanah Yang Sudah Di Hibahkan Kemudian Di Jual Kembali Rizal Bobihu; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 1 No. 3 (2023): Juli : Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v1i3.1023

Abstract

Land is very beneficial for human life and is a gift from God Almighty. Human life and land are closely intertwined. Humans need a piece of land not only to survive but also to die. As a result, land scarcity is increasingly appearing, even though the need for land is increasing. For human existence, land is an essential component. This is due to population growth which increases every year in direct proportion to the need for land. A number of strategies are used by the community to manage, own, and even trigger land conflicts. This shows that land also has rights, has social purposes, and that the public interest overrides private interests in its use. All land rights have social uses, according to Article 6 of Law Number 5 of 1960 concerning Basic Agricultural Regulations or UUPA. A grant is the gift of an item to someone where the giver is still alive. This study aims to determine the legal status of land that has been donated and then resold and what are the legal consequences arising from the land that has been granted and then resold, in Putiana Village, Orchid District, North Gorontalo Regency in a review of Law Number 5 of 1960. Based on the results of the research it is understood that the withdrawal of gift items according to the Civil Code is regulated in article 1688 which reads that a grant cannot be revoked and therefore cannot be revoked, except in 3 cases, namely if the grantee's conditions are not fulfilled by the recipient of the grant, if the person the person who was given the grant is guilty of committing or participating in an attempt to kill or some other crime against the donor himself, and if the grantor falls into poverty while the one who was given the gift refuses to provide for him. If the recipient of the grant refuses to provide a living or allowance to the grantor, after that the grantor falls into poverty. With the withdrawal or elimination of this gift, all kinds of items that have been donated must be returned to the grantor in a clean condition of the burdens attached to the item. The legal consequence of the decision to cancel a grant that has permanent legal force is that the object of the dispute, namely land, will return to the grantor and their rights. If the object of the dispute has been certified on behalf of the recipient of the grant, then with this decision the certificate becomes null and void.
Tinjauan Yuridis Pembatalan Surat Kuasa Yang Dibuat Oleh Notaris Tanpa Di Hadiri Dan Disetujui Oleh Salah Satu Pihak Mohamad Ikra Husain; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 1 (2024): Januari : Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i1.1836

Abstract

Abstract. Based on the title mentioned in this research, the aim of this research is to determine the juridical assessment of a power of attorney that was canceled by a notary without the presence of one of the parties and with their consent. This research uses a certain type of normative legal research. Library research was used in the process of collecting data from the items examined in this research. To evaluate and discuss research materials based on law, legal norms, legal theory and legal doctrine that are relevant to the main topic, this research uses a normative analysis approach to obtain the data. The results of this research indicate that the legal consequences of revoking a power of attorney carried out unilaterally by the director of PT Oro Jayanto Perkasa can be declared as an unlawful act. The director's legal responsibility for the revocation of the power of attorney made and signed before a notary is that the defendant is required to pay compensation to the plaintiff. So the government and the DPR should have the ability to test the power of attorney regulations in the Civil Code. and there should be outreach to the community to provide a clear understanding of the requirements that must be met in the handover of power
Perlindungan Hukum Terhadap Data Konsumen Yang Melakukan Pinjaman Melalui Aplikasi Online Di Gorontalo Rivaldo Yustitio Syauta; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2561

Abstract

This research aims to find out what form of legal protection there is for consumer data who make loans through online applications in Gorontalo and to find out what efforts consumers can take if there is a dispute with the lender regarding leakage of consumer data. This research is empirical normative legal research conducted at the Gorontalo Regional Police and victims of data misuse by online loans. Primary data and secondary data obtained through library research and field research were then analyzed qualitatively. The research results show that the form of legal protection for consumer data who make loans through online applications in Gorontalo is carried out in three forms, namely: first, protection through regulations, namely in the Personal Data Protection Law, the Consumer Protection Law, and Article 1338 of the Civil Code. Second, protection through law enforcement efforts carried out by the police, as well as preventing misuse of data through legal education as a form of preventive legal protection. Meanwhile, efforts that consumers can take if there is a dispute with a lender regarding leakage of consumer data are legal action taken by the police through reporting complaints from the public to investigations that follow up on complaints from the public, and monitoring and taking action carried out by the OJK as parties who carry out activities regarding the implementation of non-bank banking institutions such as online loans.
Kendala-Kendala Dalam Pengajuan Sertifikat Hak Atas Tanah Sempadan Danau Perintis Kab. Bone Bolango Aditya Pratama Daud; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2646

Abstract

This research aims to find out what the legal procedure is for applying for a title certificate for land bordering the Pioneer Lake District. Bone Bolango and what are the obstacles in applying for a title certificate for land bordering Pioneer Lake District. Bone Bolango. The type of research used is empirical legal research with a sociological juridical research model, a qualitative approach. The research samples were Huluduotamo Village Officials and several community houses on the outskirts of Perintis Lake. Data obtained through primary and secondary data were analyzed qualitatively and then presented descriptively. The results of the research show that the legal procedure for submitting a land title certificate at the Perintis Lake Border, District. BoneBolango, namely Measuring, mapping, land bookkeeping, registration and transfer of land rights as well as providing proof of rights as a strong sign of Bukiti, as well as Obstacles in Applying for Certificates of Land Rights on the Borders of Lake Perintis District. BoneBolango Juridically, this is contrary to article 19 paragraph (2) of the UUPA which states that "land registration in question is a series of activities which include measuring, mapping and recording land, registering land rights and the transfer of these rights as well as providing documents. proof of rights, which acts as a strong means of proof." Based on the existing legal basis, this should be a guarantee that the processing of land rights for every person who wishes to register land rights can guarantee their rights, so that one of the causes or occurrences of obstacles that occur in the field is not in accordance with what is stated in UUPA article 19 paragraph (2).
Analisis Pertanggungjawaban Perekam Film Mnggunakan Kamera Video Dalam Bioskop Yang Diunggah Pada Media Sosial Cahyani Wayuningtias Posangi; Mutia Cherawaty Thalib; Mohammad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2702

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This research is intended to find out (1) whether recording a film using a video camera and uploading it via Instagram story in the cinema constitutes a copyright violation. (2) what are the legal consequences of violations of film recording using a video camera in a cinema that is uploaded and distributed on social media Instagram stories? This research uses a type of normative legal research with a statutory approach, conceptual approach and case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The primary legal materials in this research are legal materials of an authoritative nature such as statutory regulations, court decisions, and treatises, as well as official state documents. Meanwhile, secondary legal materials consist of books, scientific articles and other sources that are considered relevant to the research to be conducted. The results of the research show, firstly, that the act of recording film scenes by members of the public in a cinema, which in turn is uploaded to social media, cannot necessarily be classified as a criminal offence, on the grounds that the elements of this criminal act cannot be fulfilled. On the other hand, the community's intention to violate economic rights for commercial purposes must be fulfilled first to determine the action as a criminal offense. Second, legal protection by the government, in this case the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia for creators or rights holders, can be done in two ways: the first is by instilling a sense of awareness in the community, and the second is by creating a legal protection policy ( new legal protection policy) by revising the Law on Copyright.
Analisis Yuridis Terhadap Perlindungan Hak Kekayaan Intelektual Pada Game Mobile Legend Dan League Of Legend Dalam Perspektif Hukum Indonesia Muhammad Rafly Badu; Muthia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson
Jurnal Relasi Publik Vol. 1 No. 4 (2023): November : Jurnal Relasi Publik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jrp-widyakarya.v1i4.1805

Abstract

This research aims to determine the Juridical Analysis of Intellectual Property Rights Protection in the Mobile Legend and League of Legend Games from an Indonesian Legal Perspective, based on the title raised in this research. This research uses a type of normative juridical research. The process of collecting data from the objects studied in this research uses primary, secondary and tertiary techniques. The data obtained by this research uses a qualitative method which explains the relationship between variables and generalizes the social phenomena studied.The results of this research show that online gaming has become a rapidly growing industry with many opportunities and challenges related to intellectual property rights and the development of the online gaming industry has also brought complex issues related to copyright, trademarks and patents involving various elements. unique in online games. therefore, the role of intellectual property rights in protecting creative works in games, encouraging innovation, and overcoming violations of intellectual property rights. So it is important to collaborate between online game developers, players and the government in creating a clear and fair legal framework to protect intellectual property rights in online games.
Akibat Hukum Terhadap Penarikan Kembali Harta Yang Di Hibahkan Menurut KUH Perdata Rizal Bobihu; Weny Almoravid Dungga; Mohamad Taufiq Zulfikar Sarson
ALADALAH: Jurnal Politik, Sosial, Hukum dan Humaniora Vol. 1 No. 3 (2023): Jurnal Politik, Sosial, Hukum dan Humaniora
Publisher : Sekolah Tinggi Ilmu Syariah Nurul Qarnain Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59246/aladalah.v1i3.348

Abstract

A grant is the gift of an item to someone where the giver is still alive. Materially, the existence of a grant has something to do with inheritance. In contrast to a will, a grant is a lifetime expenditure of assets based on affection for the benefit of a person or for the benefit of a social, religious, scientific body, also to someone who has the right to be his heir. The purpose of this study is to find out the law on the withdrawal of donated assets according to the Civil Code, to find out the legal consequences of withdrawing donated assets according to the Civil Code, and to find out the settlement of the withdrawal of donated assets according to the Civil Code. The research conducted is legal research which is descriptive analysis in nature and uses normative juridical research. Through descriptive research, researchers try to describe events and events that are the center of attention without giving special treatment to these events. This study uses secondary data by processing data from primary legal materials, secondary legal materials and tertiary legal materials. Based on the results of the research it is understood that the withdrawal of gift items according to the Civil Code is regulated in article 1688 which reads that a grant cannot be revoked and therefore cannot be revoked, except in 3 cases, namely if the grantee's conditions are not met, if the person who was given the gift is guilty of committing or participating in an attempt to kill or some other crime against the donor himself, and if the grantor falls into poverty while the one who was given the gift refuses to provide for him. If the recipient of the grant refuses to provide a living or allowance to the grantor, after that the grantor falls into poverty. With the withdrawal or elimination of this gift, all kinds of items that have been donated must be returned to the grantor in a clean condition of the burdens attached to the item. The legal consequence of the decision to cancel a grant that has permanent legal force is that the object of the dispute, namely land, will return to the grantor and their rights. If the object of the dispute has been certified on behalf of the recipient of the grant, then with this decision the certificate becomes null and void.
Perlindungan Hukum Bagi Kreditur Apabila Akta Jaminan Fidusia Tidak Didaftarkan Oleh Notaris Nagita Pujiastuti Djafar; Nirwan Junus; Mohamad Taufiq Zulfikar Sarson
Jurnal Hukum dan Sosial Politik Vol. 2 No. 1 (2024): Februari : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i1.2196

Abstract

This research aims to determine the legal protection for creditors if the fiduciary guarantee deed is not registered by a notary, and the legal implications if the fiduciary guarantee is not registered by a notary. The method used in this research uses the Juridical Sociology method.The results of the research show that a fiduciary agreement which makes the object of collateral (in the form of objects) in a subsidiary agreement (acessoir) of the main agreement has weak legal protection for creditors if the agreement is not registered by a Notary through the Fiduciary Guarantee Institute, as stipulated in the Law Number 42 of 1999 concerning Fiduciary Guarantees. The legal implications for creditors' rights because they do not comply with the principle of publicity as per the applicable consensus, in this case is Law Number 42 of 1999 concerning Fiduciary Guarantees which regulates Preferential Rights and Executorial Rights.For the implementation of financing by making objects into objects, an agreement process should be carried out in accordance with the Fiduciary Guarantee consensus by referring to Law Number 42 of 1999, by fulfilling the principle of publicity as the main legal principle in material guarantee law.
Faktor-Faktor Penyebab Tidak Terdaftarnya Hak Tanggungan Nurul Syazwani Sabang; Mutia Cherawaty Thalib; Mohamad Taufiq Zulfikar Sarson
Jurnal Hukum dan Sosial Politik Vol. 2 No. 2 (2024): Mei : Jurnal Hukum dan Sosial Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i2.2944

Abstract

The aim of this research is to find out what the legal consequences are of bad credit agreements where mortgage rights are not registered at the Gorontalo City National Land Agency office and to find out the factors that cause mortgage rights not to be registered. The type of research used is Normative Empirical research, using data types consisting of primary data, secondary data and tertiary data. Data collection techniques were carried out using interview, observation and literature techniques. Then the data is analyzed descriptively or provides an overview or explanation of the research subjects and objects as the results of the research conducted. The results of this research show that cases of bad credit agreements where mortgage rights were not registered at the national land agency office have occurred in the city of Gorontalo. So the legal consequence obtained from this case is that the bank as the creditor cannot prosecute in court because the mortgage which is used as collateral is not registered. Clearly this is detrimental and does not provide legal certainty for both parties concerned, especially because registration of mortgage rights determines the birth of mortgage rights. Then there are several factors that cause the mortgage rights not to be registered, namely, negligence on the part of the land owner, administrative obstacles, financial difficulties, approval from related parties and so on.