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All Journal Jurnal Dinamika Hukum Jurnal IUS (Kajian Hukum dan Keadilan) Jurnal Akta DE LEGA LATA: Jurnal Ilmu Hukum Halu Oleo Law Review Journal Analytica Islamica Unes Law Review Jurnal Yuridis Journal of Education, Humaniora and Social Sciences (JEHSS) Kosmik Hukum Pena Justisia: Media Komunikasi dan Kajian Hukum Legalitas: Jurnal Hukum As-Syar'i : Jurnal Bimbingan & Konseling Keluarga JHR (Jurnal Hukum Replik) Randwick International of Social Science Journal International Journal Reglement & Society (IJRS) Iuris Studia: Jurnal Kajian Hukum NOMOI Law Review SOSEK: Jurnal Sosial dan Ekonomi Buletin Konstitusi Proceeding International Seminar of Islamic Studies Volksgeist: Jurnal Ilmu Hukum dan Konstitusi Indonesian Journal Education ALWAQFU Jurnal Hukum Ekonomi dan Wakaf Kanun: Jurnal Ilmu Hukum INSPIRING LAW JOURNAL Melayunesia Law
Koto, Ismail
Universitas Muhammadiyah Sumatera Utara
Religion Arts Humanities Astronomy Economics, Econometrics & Finance Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Mathematics Physics Public Health Social Sciences Other

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The Process of Applying for Protection of Victims' Rights through the Witness and Victim Protection Agency (LPSK) Aziz Hasibuan, Muhammad Anwar; Koto, Ismail
UNES Law Review Vol. 6 No. 2 (2023): UNES LAW REVIEW (Desember 2023)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1685

Abstract

The importance of legal protection for each community is one of the reasons for the issuance of Law Number 13/2006 on Witness and Victim Protection which was enacted on 11 August 2006. This research aims to find out, how the regulations related to victim protection in Indonesia. Then, how is the process of applying for protection of victims' rights through LPSK and finally, how is the influence of the protection provided by LPSK on victims for law enforcement. This research uses a normative method. The procedure for providing protection to witnesses and victims as regulated in Article 28 to Article 32 of Law Number 13 Year 2006 is a process that includes various procedures and requirements that must be fulfilled by witnesses and victims to be able to get protection from LPSK which is sometimes difficult for witnesses and victims. The influence of the Witness and Victim Protection Agency (LPSK) in protecting witnesses and victims has not been maximised, due to the lack of socialisation in the community, especially in the regions, about the existence of the Witness and Victim Protection Agency as an institution tasked with protecting witnesses and victims.
Kebijakan Hukum terhadap Problematika Pemberian Pemenuhan Hak Restitusi Korban Tindak pidana yang diatur KUHAP dan diluar KUHAP Alyafedri, Youfan; Koto, Ismail
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.2006

Abstract

Restitution is compensation given to the victim or their family by the perpetrator or a third party. Victims of criminal acts that can be given restitution are criminal acts of serious human rights violations, terrorism, human trafficking, racial and ethnic discrimination, criminal acts related to children, as well as other criminal acts determined by the LPSK Decree in accordance with the provisions of statutory regulations. . Of course, fulfilling the right to restitution for victims of criminal acts has several problems which are sometimes very detrimental to victims of criminal acts. Providing restitution still has not received attention from the government. It is still not balanced when compared with attention to perpetrators of criminal acts. The aim of this research is 1) to find out arrangements for providing restitution for victims of criminal acts. 2) to find out the implementation of providing restitution as a fulfillment of the rights of victims of criminal acts according to the KUHAP and outside the KUHAP, and 3) to find out the problems of giving the right to restitution to victims of criminal acts regulated by the KUHAP and outside the KUHAP. The method used is normative juridical research. The results of the research show that 1) Arrangements for providing restitution for victims of criminal acts have of course been regulated in the Criminal Procedure Code, namely in article 98, while outside the Criminal Procedure Code, regulations relating to restitution are regulated, one of which is stipulated in Supreme Court Regulation Number 1 of 2022. 2) Implementation of providing restitution in fulfillment of The rights of victims of criminal acts can be exercised in 2 ways, namely before the decision has permanent legal force and after the decision has permanent legal force. 3) The problem of granting restitution rights to victims of criminal acts is of course 3 factors, namely legal factors, law enforcement factors and community factors.
TRADITIONAL KNOWLEDGE IN THE PHILIPPINES Koto, Ismail
Proceeding International Seminar of Islamic Studies INSIS 6 (February 2024)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

This knowledge does not need to be explainable within the philosophical framework of modern science. However, what is important is the community's recognition that this knowledge helps to maintain and improve their health for the sake of social continuity and relationships between them which are based on their own culture, history, heritage and awareness. With this limitation, the meaning of traditional medicine is also very broad because it is very depends, on the recognition of indigenous people as owners. A study cannot be said to be research if it does not have a research method. The research method is a process of collecting and analyzing data that is carried out systematically, to achieve certain goals. Data collection and analysis is carried out naturally, both quantitatively and qualitatively, experimentally and non-experimentally, interactively and non-interactively. The research method used is normative juridical research, namely legal research conducted by examining literature or secondary data. In qualitative research, the process of obtaining data is in accordance with the research objectives or problems, studied in depth and with a holistic approach. Discussions regarding the protection of IPR in developing countries have not succeeded in taking into account cultural differences that influence the understanding of "property", or what belongs to individuals. It is also important to link IPR law with the socio-cultural realities of the people of developing countries as a more effective approach to ensuring the enforcement of IPR law in developing countries.
LEGAL SANCTIONS FOR INTELLECTUAL PROPERTY RIGHTS VIOLATIONS IN INDONESIA Koto, Ismail
Proceeding International Seminar of Islamic Studies INSIS 5 (March 2023)
Publisher : Proceeding International Seminar of Islamic Studies

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Abstract

Intellectual property rights not only recognize individual intellectual property rights but also the existence of communal intellectual property rights. Recognition of communal intellectual property rights governs intangible cultural heritage through various expressions, representations, practices, skills, knowledge and instruments. They also consider culturally related objects, artefacts, and environments for various groups and communities and in some cases, individuals recognized as part of the cultural heritage. The research method used is normative juridical research, namely legal research conducted by examining literature or secondary data. Submission of claims for copyright infringement can also be carried out criminally. UUHC has formulated actions that are categorized as copyright crimes. Originally, this copyright crime was an offense, but was later changed to a complaint offense under Article 120. By becoming a complaint offense, the action taken is solely based on a complaint from the creator or copyright holder who feels aggrieved, so that law enforcement becomes less effective. disputes that give rise to legal consequences, either because of a violation of positive law rules or because of a conflict with the rights and obligations of a person regulated by positive law provisions.
Providing Health Services For The Public in Hospitals Based on A Justice Theory Perspective Nainggolan, Ibrahim; Koto, Ismail; Koto, Zulkarnain
Jurnal Hukum Replik Vol 12, No 1 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i1.10810

Abstract

In the rapidly evolving field of medicine, the role of hospitals is crucial in promoting community health. The progress and setbacks of hospitals hinge significantly on the success of the individuals working within them, including doctors, nurses, and other staff. Aristotle's theory of justice, asserting that justice is not only a general virtue but also a specific moral virtue related to human conduct in particular fields, becomes pertinent in the healthcare domain. This theory revolves around establishing positive relationships among individuals and maintaining a balance between two parties. The measure of this balance involves both numerical and proportional equality, as Aristotle conceives justice in terms of equality. Numerical equality dictates that every individual is regarded as equal in a unified unit, such as the equality of all individuals before the law. Proportional equality, on the other hand, involves giving each person what is rightfully theirs based on their abilities and achievements. The application of Aristotle's theory of justice in the healthcare services for the Indonesian populace is evident in the various government-initiated healthcare assurance programs like the Workers' Social Security, Askes, and the Social Security Administration Body. This endeavor aims to ensure that the entire spectrum of society receives equal healthcare services, as it is considered the inherent rights of citizens and the community.
A Juridical Review of Transgender Heirs from the Perspective of Islamic Law and Civil Law Fathin, Fathiyyah Jamil; Koto, Ismail
Jurnal Hukum Replik Vol 12, No 2 (2024): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v12i2.12312

Abstract

This study aims to explore the legal status of transgender or transsexual heirs, the portion of inheritance they are entitled to, and legitimate strategies for addressing inheritance disputes. The research employs a normative juridical approach, utilizing a written survey procedure to analyze relevant legal frameworks. The findings reveal that, under Islamic law, transsexual individuals are typically viewed based on their biological sex prior to undergoing gender reassignment surgery, with differing interpretations across various schools of thought regarding their inheritance rights. Additionally, civil laws in different countries may influence how transsexual heirs are treated, depending on the legal and social context of each nation. Resolving inheritance issues involving transsexual individuals is often complex, due to the need for clarity regarding gender identity and the variation in legal perspectives. Overall, the understanding and application of inheritance laws concerning transsexuals are still evolving, underscoring the necessity for thoughtful reform to ensure equality in inheritance matters.Keywords: transgender, inheritance law, Islamic law, civil law
IMPLEMENTATION OF LEGAL STUDIES LEARNING FOR EARLY CHILDHOOD EDUCATION AT RA KAWAKIBI DELI SERDANG Rahimah, Rahimah; Koto, Ismail
NOMOI Law Review Vol 4, No 2 (2023): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17373

Abstract

This research was conducted to determine the legal learning strategies and models for early childhood education which were implemented at RA Kawakibi Deli Serdang . This research uses a qualitative case study method, uses the Miles Hubberman model analysis technique. This research was conducted at RA Kawakibi Deli Serdang . The focus of this research is on models of learning legal aspects for young children, with the hope of internalizing and increasing understanding of legal values from an early age, so that young children are able to implement legal values both in the family , school and community environments, as quoted by Zeece states that the development of children's sensitivity and understanding of what other people think, feel and do is important for the effective functioning of their social world. This understanding is able to enable children to recognize, organize and explain, and sometimes predict, the behavior of other people ( Zeece , 2000). Based on research conducted, the legal learning model for early childhood is: (1) introducing law in the simplest way, (2) integrated with learning in other aspects, (3) learning in a contextual way. Meanwhile, the influencing factors are: (1) teachers' knowledge of the law, (2) parents' knowledge of the law, and (3) capacity and ability to be responsible for the law.
ENFORCEMENT OF LAW ON CONSUMER PROTECTION TO INCREASE THE VALUE OF JUSTICE Nainggolan, Ibrahim; Koto, Ismail; Simatupang, Rajarif Syah Akbar
NOMOI Law Review Vol 4, No 2 (2023): November Edition
Publisher : NOMOI Law Review

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30596/nomoi.v4i2.17398

Abstract

The problems faced by society are not only related to the choice of goods, but are much more complex and involve the perception of all parties, both business actors and consumers, regarding the importance of consumer protection. Consumer protection law or consumer law can be understood as all legal provisions that regulate the rights and obligations of consumers and producers arising from efforts to fulfill their needs. The word comprehensive is intended to describe that it covers all differences in law according to its type. This research is normative legal research, namely legal research that places law as a building system of norms. Normative legal research is law that is conceptualized in terms of norms or rules that apply in society. In regulating consumer protection legal regulations in fulfilling the value of justice in Indonesia today optimally and providing opportunities for consumers and economic actors to achieve their rights and fulfill their obligations equally.
Legal Protection of Consumers in Buying and Selling Dropshipping In The Perspective Of Islamic Law And Laws and Regulation Koto, Ismail
Inspiring Law Journal Vol 1, No 1: Juli - Desember
Publisher : Inspiring Law Journal

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Abstract

This research is a descriptive analysis with a comparative law approach. This type of research is normative juridical. The data sources of this research are revelatory data sources and secondary legal sources. The data collection tool for this research is document study. To analyze the data obtained, qualitative data analysis was used. Based on this research, it is implemented that the concept of a dropshipping trading system both in Islam and the existing laws in Indonesia is not much different, it's just that what distinguishes dropshipping in Islamic law in buying and selling makes an agreement called a contract or an agreement regarding the product that is traded. disagreements with the form of supervision of the regulatory-law which is not only supervised by the government but also supervised by parties who have worked together to oversee dropshipping trading activities
Legal Protection for Workers with Fixed-Term Employment Agreements Before and After the Job Creation Law Hanifah, Ida; Koto, Ismail
Kosmik Hukum Vol. 25 No. 2 (2025)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v25i2.25755

Abstract

Workers perceive that several new provisions regarding Fixed-Term Employment Agreements are detrimental to their rights. According to research findings, an agreement is considered valid if it meets the provisions stipulated in Article 1320 of the Civil Code. The requirements for a valid agreement are regulated in Article 1320 of the Civil Code. Article 1 Paragraph (14) of Law Number 13 of 2003 concerning employment, an employment agreement is: "An agreement between workers/laborers and employers or employers containing work conditions, rights and obligations of the parties." Employment agreements are divided into Fixed-Term Employment agreements and permanent employment agreements. The provisions regarding employment agreements made in writing have been regulated in Article 54, paragraph 1 of Law Number 13 of 2003 on Manpower. The provisions, nature, and type of work for a fixed-term employment agreement can be seen in Article 59. Changes in the duration of Fixed-Term Employment Agreements are regulated in Article 59, Paragraph (4) of the Manpower Law, which states that a Fixed-Term Employment Agreement can be made for a maximum period of two years and may be extended only once for a maximum period of one year. This means that if an employer applies a renewal system, the maximum duration for a Fixed-Term Employment Agreement is four years. However, in Article 81, Number 12 of the Job Creation Law, which amends Article 56 of the Manpower Law, Paragraph (3) stipulates that the employment contract determines the duration of a Fixed-Term Employment Agreement. Article 59 of the Job Creation Law eliminates the specific duration requirement for Fixed-Term Employment Agreements.
Co-Authors Abd. Rasyid Syamsuri Alyafedri, Youfan Asliani Harahap Aziz Hasibuan, Muhammad Anwar Benito Asdhie Kodiyat, M.S Bunyamin Chansrakaeo, Ruetaitip Duma Indah Sari Lubis Erni Elvisyahri Erwin Asmadi Faisal Faisal Fathin, Fathiyyah Jamil Fauzi, Ahmad Hanifah, Ida Heni Pujiastuti HERI APRIANDA FAISAL Ibrahim Nainggolan Ida Hanifah Ida Hanifah Ida Nadirah Ilham Syahputra Angkat Jacob, John Tumba Jaholden, Jaholden Koto, Zulkarnain Koto, Zulkarnein Lidia Salma Sagala Lubis, Ikhsan Mhd Teguh Syuhada Lubis Mutiara Fadia Silalahi Nadirah, Ida Nainggolan, Ibrahim Onny Medaline Perdana, Surya Rachmad Abduh Rahimah Rahimah Rahimah Rahmat Ramadhani, Rahmat Rajarif Syah Akbar Simatupang Ramlan Ramlan Ruetaitip Chansrakaeo Sahari, Alpi Salamat Siregar, Padian Adi Saragih, Rayani Sari Lubis, Duma Indah SATIYA CITRA DEWI Siregar, Salman Siregar, Taufik Soraya Sakinah Surya Perdana Sutrisno Sutrisno Sutrisno, Sutrisno Tarigan, Romy Affandi Tarmizi Taufik Hidayat Lubis Taufik Siregar Tengku Erwin Syahbana Triono Eddy Ummi Salamah Lubis Vita Mayastinasari Zainuddin Zainuddin, Zainuddin Zulkarnein Koto