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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 Kanun: Jurnal Ilmu Hukum INSPIRING LAW JOURNAL
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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Restorative Justice for Victims of Cyber Sexual Harassment: Realizing Justice for Victims Zulkarnein Koto; Sutrisno Sutrisno; Vita Mayastinasari; Ismail Koto
Pena Justisia: Media Komunikasi dan Kajian Hukum Vol. 21 No. 2 (2022): PENA JUSTISIA
Publisher : Faculty of Law, Universitas Pekalongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31941/pj.v21i2.3091

Abstract

Sexual violence on social media is one of the negative impacts of technological developments. Sexual violence on social media can have both physical and psychological impacts on victims. This study focuses on an analysis of the urgency and orientation of implementing restorative justice in cyber sexual harassment crimes. This research is a normative legal research with a conceptual and statutory approach. The results of the study confirm that the urgency of RJ's approach in cyber sexual harassment crimes is because the characteristics of cyber sexual harassment crimes are the existence of victims' losses both physically and psychologically so that RJ-based law enforcement efforts are needed which emphasize victim recovery as well as perpetrator awareness. The orientation of realizing justice for victims through RJ has actually been facilitated in the TPKS Law. This emphasized that victims have the right to medical, social and mental rehabilitation, social empowerment, compensation, and social reintegration. The guarantee for the fulfillment of victims' rights further emphasizes that the main orientation of the TPKS Law is efforts to recover victims. In addition, the TPKS Law has also formulated an RJ orientation for perpetrators that prioritizes social and medical rehabilitation for perpetrators.
The Optimization of Legal Protection of Costums Intellectual Property Traditional Cultural Expressions of Malay Customs Ida Nadirah; Onny Medaline; Alpi Sahari; Ismail Koto
JURNAL AKTA Vol 10, No 4 (2023): December 2023
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v10i4.33435

Abstract

This research aims to discuss Costums Intellectual Property in the field of Traditional Cultural Expression of Malay Customs which has promising economic potential in the field of tourism, both domestic tourism and foreign tourism potential. But until now it has not been protected optimally. This can be seen every year when the Malaysian Visit year will be displayed in many brochures promoting their tourist visits, traditional cultural expressions belonging to the indigenous Malay Peoples of Indonesia The purpose of this study is to analyze how many inventories and registrations of Costums Intellectual Property of Traditional Cultural Expressions of Malay Customs have been protected in the Regional Office of North Sumatra. The approach used in this study is a normative and empirical approach, namely through the review of laws and regulations related to the Protection of Costums Intellectual Property (KIK), especially related to Traditional Cultural Expressions of the Malay Indigenous Peoples of North Sumatra and conducting direct interviews with the head of the Intellectual Property Registration division of the North Sumatra KUMHAM Regional Office. The results showed that the level of awareness of indigenous peoples and local governments to protect their Costums Intellectual Property specifically in the field of traditional Malay Customary Cultural Expressions was very low, as seen from the data of the last three years, the inventory and registration of traditional Cultural Expressions of Malay indigenous peoples only amounted to twelve types of traditional culture.
The Criminal Law Policy on the General Election System in Indonesia Mhd Teguh Syuhada Lubis; Rayani Saragih; Ida Hanifah; Ismail Koto; John Tumba Jacob
Jurnal Dinamika Hukum Vol 23, No 3 (2023)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2023.23.3.3782

Abstract

General elections are a crucial pillar of democracy in Indonesia, allowing citizen participation in selecting leaders and shaping policies. Strong criminal law policies are necessary to preserve the integrity of elections, despite challenges in consistent law enforcement and clear definitions of election violations. The aim of this research is to assess the implementation and effectiveness of criminal law policies in preventing and addressing election violations in Indonesia and to identify their impact on the election process. The research findings indicate that the implementation of criminal law policies in preventing and addressing election violations is crucial. This is achieved through stringent election regulations, strict enforcement of criminal sanctions, careful monitoring and investigation, and swift handling of violations. The effectiveness of criminal law policies is also evident in deterring violations, ensuring transparency in funding, and active citizen participation in monitoring. Criminal law policies have a significant impact on the election process. Positive impacts include efforts to prevent election crimes, protect voting rights, and address election law violations through strict regulations. Prevention of election crimes such as spreading false information and the use of violence is tightly regulated to maintain election integrity. Protecting voters' rights is a focal point, with prohibitions against bribery and intimidation practices. However, the negative impact lies in the potential misuse of criminal law for political purposes, which can undermine the principles of presumption of innocence and human rights.
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.
Authority of the Commercial Court in Settling Trademark Rights Disputes Koto, Ismail; Nainggolan, Ibrahim; Rahimah, Rahimah
Jurnal Hukum Replik Vol 13, No 1 (2025): JURNAL HUKUM REPLIK
Publisher : Universitas Muhammadiyah Tangerang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31000/jhr.v13i1.14447

Abstract

Trademark rights are regulated in Law No. 20 of 2016 concerning Trademarks and Geographical Indications. According to Law No. 20 of 2016 concerning Trademarks and Geographical Indications, to obtain rights to a trademark, the trademark must be registered with the Directorate of Trademarks of the Ministry of Law and Human Rights of the Republic of Indonesia according to the constitutive system, in other words, to obtain legal protection for trademark rights, the trademark must be registered by its owner with the Trademark Directorate and after being officially registered in the name of the owner, a trademark certificate will be issued. Law No. 20 of 2016 concerning Trademarks and Geographical Indications, specifically in Article 21 paragraph (1) letters b and c, Article 83 paragraph (2), and reinforced by the Explanation of Article 21 paragraph (1) letter b, Explanation of Article 76 paragraph (2), and Explanation of Article 83 paragraph (2). Indonesia adopts a Trademark registration system with a constitutive system. This system requires trademark registration so that a trademark can receive protection, this system is also known as the first to file system. The applicable procedural law in the process of filing a dispute in the field of intellectual property rights is the Civil Procedural Law as with the civil procedural law in civil cases handled by the District Court in the general judicial body environment. The process of filing a lawsuit for an intellectual property rights dispute has been regulated through laws and regulations in Indonesia, in accordance with the provisions of the applicable law on each intellectual property right, where the lawsuit is processed through the Commercial Court
Criminal Legal Responsibility for Motorcycle Taxi Drivers as Narcotics Couriers Tarigan, Romy Affandi; Jaholden, Jaholden; Koto, Ismail
Indonesian Journal Education Vol. 4 No. 3 (2025): Indonesian Journal Education (IJE)
Publisher : Lembaga Riset Mutiara Akbar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56495/ije.v4i3.1305

Abstract

This study examines the legal accountability of motorcycle taxi drivers who act as narcotics couriers in Indonesia. Using a normative juridical method with an analytical prescriptive approach, the research analyzes laws and regulations related to narcotics crimes, the criminal responsibility of drivers, and the juridical review of the Unaaha District Court Decision Number 132/Pid.Sus/2020/PN.UNH. The findings indicate that the driver was proven to have unlawfully distributed Class I narcotics under Article 114 paragraph (2) of Law Number 35 of 2009 on Narcotics. Although the driver initially claimed ignorance of the package contents, evidence from the trial demonstrated elements of intent or gross negligence. The study concludes that criminal liability depends on the driver’s awareness and intention; deliberate participation constitutes a punishable offense, whereas genuine unawareness may exempt the driver from liability. This research underscores the importance of assessing mens rea (intent) and actus reus (action) in determining accountability in narcotics-related offenses.
LEGAL DISCOVERY REGARDING AGE LIMIT REQUIREMENTS FOR PRESIDENTIAL AND VICE-PRESIDENTIAL CANDIDATES IN GENERAL ELECTIONS (A Study of Decision Number 90/PUU-XXI/2023) Siregar, Salman; Eddy, Triono; Koto, Ismail
Journal Analytica Islamica Vol 14, No 2 (2025): ANALYTICA ISLAMICA
Publisher : Program Pascasarjana UIN Sumatera Utara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30829/jai.v14i2.26198

Abstract

This study examines the legal aspects of the Constitutional Court (MK) Decision No. 90/PUU-XXI/2023, focusing on legal discovery, the age limit for presidential and vice-presidential candidates, and the legal consequences of the ruling. The research employs a normative juridical approach with a descriptive-analytical method, using statutory and case approaches and secondary data sources, including primary, secondary, and tertiary legal materials. The findings indicate that the MK ruling introduces new norms, positioning the Court as a positive legislature, with a ne ultra petita decision consistent with judicial authority principles. The minimum age limit of 40 years for candidates remains reasonable compared to global leadership trends (20–50 years). The principles of intergenerational and equality justice, as mandated by Pancasila’s fifth principle, have been implemented since the 2024 election by allowing experienced young public officials to participate. The MK decision is final and binding, and must be accommodated by Parliament in forming or amending legislation, reaffirming the MK’s role as the guardian and ultimate interpreter of the constitution
Co-Authors Abd. Rasyid Syamsuri Alyafedri, Youfan Asliani Harahap Aziz Hasibuan, Muhammad Anwar Benito Asdhie Kodiyat, M.S Chansrakaeo, Ruetaitip Duma Indah Sari Lubis Erni Elvisyahri Erwin Asmadi Faisal Faisal Fathin, Fathiyyah Jamil Fauzi, Ahmad Hanifah, Ida Heni Pujiastuti Ibrahim Nainggolan Ida Hanifah Ida Hanifah Ida Nadirah Ilham Syahputra Angkat Jaholden, Jaholden John Tumba Jacob Koto, Zulkarnain Lubis, Ikhsan Mhd Teguh Syuhada Lubis Nainggolan, Ibrahim Onny Medaline Perdana, Surya Rachmad Abduh Rahimah Rahimah Rahimah Rahimah, Rahimah Rajarif Syah Akbar Simatupang Ramlan Ramlan Rayani Saragih Ruetaitip Chansrakaeo Sahari, Alpi Salamat Siregar, Padian Adi Sari Lubis, Duma Indah Siregar, Salman Siregar, Taufik Soraya Sakinah Surya Perdana Sutrisno Sutrisno Tarigan, Romy Affandi Tarmizi Taufik Hidayat Lubis Taufik Siregar Tengku Erwin Syahbana Triono Eddy Vita Mayastinasari Zainuddin, Zainuddin Zulkarnein Koto