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All Journal Humani (Hukum dan Masyarakat Madani) Jurnal Ius Constituendum Pena Justisia: Media Komunikasi dan Kajian Hukum JHCLS Journal of Legal and Cultural Analytics (JLCA) Journal of Law, Poliitic and Humanities HUMANITIS : Jurnal Humaniora, Sosial dan Bisnis International Journal of Law, Crime and Justice
Martono Anggusti
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Religion Humanities Education Environmental Science Health Professions Law, Crime, Criminology & Criminal Justice Public Health Social Sciences

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Legal Protection for Girls in the Distribution of Inheritance Based on Batak Toba Customary Law (In Janjiraja Village, Samosir Regency) Roma Cita Sibatuara; Martono Anggusti; Roida Nababan
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13689

Abstract

The Batak Toba customary law adheres to a patrilineal inheritance system, where male children are the primary heirs of family assets, while female children only receive symbolic portions in the form of gifts or jambar. This study aims to examine the legal protection for female children in inheritance distribution in Janjiraja Village, Samosir Regency, focusing on customary practices and gender equality. The research uses a juridical-sociological method, combining legal analysis with observations of the implementation of customs in the community. The findings show that although there are protective mechanisms such as parjambar and family discussions, their implementation is hindered by the patrilineal culture, lack of understanding of national law, and social pressures from the customary environment. However, there is a shift in attitudes among the younger generation, who are more supportive of gender equality, influenced by education, urbanization, and national legal frameworks. This study concludes that legal protection for female children in Batak Toba inheritance requires an approach that combines customary values with gender equality principles, leading to a more equitable distribution of family inheritance.
Juridical Review of the Legal Status of Children Born Through Womb Renting in Indonesia Marnipera Ngerika Sihombing; Martono Anggusti; Roida Nababan
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13703

Abstract

Womb rental is a method of obtaining offspring by using another woman's womb to contain an embryo derived from the egg and sperm of a married couple. After the child is born, it will be handed back to the married couple who owns the embryo. The implementation of uterine leasing is prohibited in Indonesia because it is contrary to applicabl’e laws and regu’lations and contrary to religious norms. This st’udy aims to determine the legal status of children born through uterine leasing based on positive law in In’donesia. This researc’h uses norm’ative legal resea’rch. Based on the res’ults of the stu’dy, if the st’atus of the surro’gate mother is a g’irl or widow, th’en the child is an unmarried ch’ild, where children born out’side of marria’ge only have a ci’vil relation’ship with their moth’er and th’eir mother's fam’ily. If the s’tatus of the surr’ogate mother is bou’nd by a legal marriag’e (has a husb’and), then the ch’ild born is the legiti’mate child of the su’rrogate mother and her hu’sband.
Copyright Protection Against Songs Involving Artificial Intelligence (AI) In the Music Industry Based on Indonesian Copyright Law Tarigan, Stevani; Martono Anggusti; Roida Nababan
Jurnal Ius Constituendum Vol. 10 No. 1 (2025): FEBRUARY
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/11314

Abstract

This writing aims to determine the legal protection of copyright to songs involving Artificial Intelligence in the music industry based on Law Number 28 of 2014 concerning Copyright and who is entitled to ownership of the copyright. The use of Artificial Intelligence technology in the creation of a song and works in other fields is increasing in number which causes disputes over copyright ownership issues to be a concern for musicians, especially in the music industry. Improvement of Indonesian copyright regulation is a special challenge for the Indonesian government to compile a special policy about copyright that uses Artificial Intelligence technology. The method used is normative juridical with statutory and conceptual approaches, as well as analysis of relevant international regulations. The results of the writing show that Artificial Intelligence is considered a tool, not a legal subject, so copyright in works involving Artificial Intelligence is still given to humans who act as initiators or instructors in the creative process. Regulations in Indonesia have not been fully adaptive to the development of Artificial Intelligence, so a review is needed to accommodate this technological innovation. It is recommended that there be cooperation with international organizations such as WIPO to develop harmonious and comprehensive policies for protecting copyright in the digital era.
Legal Review of Small and Medium Enterprises Who Choose Not to Scale Up Their Business Canryfay Elisabet Lumban Gaol; Martono Anggusti; Meli Hertati Gultom
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13652

Abstract

This study aims to analyze the role of law for Micro, Small, and Medium Enterprises (MSMEs) in Indonesia who choose not to scale up their businesses. This phenomenon is an important issue because this decision can have various consequences for MSMEs, including limited opportunities for expansion and competitiveness in an increasingly competitive market. Business scale-up itself is a strategy for developing small businesses so that they can grow larger in work capacity and competitiveness. The reluctance of MSMEs to increase their business scale is influenced by several factors, such as understanding the law, applicable regulations, and challenges in development related to the economic potential and contribution of MSMEs to national GDP. The research method uses a normative legal approach through literature studies and case approaches. The results of the study show that although MSMEs play an important role in supporting the Indonesian economy, many business actors feel comfortable with the current conditions and are reluctant to take risks to develop. Factors of apathy, limited human resources, and lack of technology adoption are the main obstacles to increasing business scale. The government has made various efforts, including through Law Number 20 of 2008 and Law Number 6 of 2023, to support the development of MSMEs. However, the implementation of these policies still faces challenges in the effectiveness of implementation at the regional and national levels. This study recommends strengthening synergies between the government, business actors, and the private sector in an effort to increase the competitiveness of MSMEs in a sustainable manner.
Legal Protection of UMKM in Digital Marketing Based on Law No 20 Of 2008 and Law No 8 of 1999 Jordy William Hutagalung; Martono Anggusti; Ria Juliana Siregar
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13775

Abstract

The development of information and communication technology (ICT) has had a major impact in various fields, including in the business sector. One of the main influences is the shift towards a digital world that affects various sectors, including Micro, Small, and Medium Enterprises (MSMEs), in managing their markets through digitization. This digitalization process has made it easier for MSMEs to grow, develop, and market their products to international consumers.  MSMEs play a very important role in the Indonesian economy, contributing greatly to gross domestic product (GDP), job creation, and income generation. Various digital platforms, such as social media, e-commerce, and websites, allow MSMEs to reach consumers around the world. However, this digital transformation also brings challenges for MSMEs, such as legal issues, data privacy, and potential misuse of information. Indonesian regulations, such as Law No. 20/2008 on Micro, Small, and Medium Enterprises (UMKM Law) and Law No. 8/1999 on Consumer Protection (Consumer Protection Law), emphasize the importance of the legal system for MSMEs in the face of digital developments. These laws provide guidelines for MSMEs to operate effectively in the ever-changing digital ecosystem.
Criminal Liability of Perpetrators of Extortion Crimes Using Escort and Security Services as a Mode for Container Trailer Truck Transport Fleets (Study of Decision No. 952/PID.B/2021/PN.JKT.UTR) Johansen E.H.Hasugian; Martono Anggusti; Lesson Sihotang
Journal of Legal and Cultural Analytics Vol. 4 No. 1 (2025): February 2025
Publisher : PT FORMOSA CENDEKIA GLOBAL

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55927/jlca.v4i1.13864

Abstract

The phenomenon of crime occurs every day and is experienced by Indonesian society, such as mugging, armed robbery, theft, robbery, assault, rape, murder, and youth brawls, which are known as street crimes. One of the cases that often occurs is extortion. The crime of extortion can occur anywhere and anytime, harming the victim and society. Therefore, extortion perpetrators are given severe sentences to provide a deterrent effect. Extortion is an act that aims to benefit oneself by using violence or threats so that the victim gives something. This crime violates legal norms and has a detrimental impact on the victim, so it requires legal resolution. This study uses a normative legal method with a statute approach, a fact approach, and a case approach. Based on Decision No. 952/Pid.B/2021/PN Jkt.Utr, the judge determined extortion as a crime that meets the objective and subjective elements in Article 368 of the Criminal Code. Further analysis is needed to understand the judge's considerations and the application of the principle of justice in the decision.
The Company's Responsibility Regarding Unilated Termination That Impact On Workers' Rights Is Reviewed From Law No. 6 of 2023 Concerning Job Creation Prayusti Sarah Simarmata; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 3 (2025): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i3.1266

Abstract

Layoffs refer to the termination of the employment relationship between employers and workers, which can occur for various reasons. When an employment contract ends due to the expiration of the agreed-upon term, it typically does not cause problems for either party, as both are aware of the end date and can prepare for the change. However, layoffs resulting from disruptions or unforeseen circumstances have a significant impact on both parties, especially workers, who often hold a weaker economic position compared to employers. A key element of legal protection against unilateral layoffs is the presence of an effective conflict resolution mechanism. This study aims to examine the responsibility of companies in unilaterally terminating employees, focusing on their obligation to provide workers' rights and the implementation of these provisions under Law No. 6 of 2023. The research utilizes a normative legal approach with a focus on statutory regulations. Legal sources include the Employment Law as primary material, scientific literature and books as secondary sources, and dictionaries as tertiary materials. Data analysis was conducted qualitatively, drawing on theoretical studies involving legal principles, concepts, and rules.
Legal Analysis of the Responsibility of Expedition Companies X to Service Users Goods that are Damaged or Lost During Stacking in the Stacking Field Richa Yohana Rusli Siahaan; Martono Anggusti; Jinner Sidauruk
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1278

Abstract

Sea transportation plays a very important role in international trade as one of the main components in the process of distributing goods. Nonetheless, the losses incurred in sea transportation activities are often greater than the losses caused by the transportation process itself, such as damage, shortages, and loss of goods that can occur during the process of unloading goods at the port by freight forwarding companies by sea. This study aims to analyze the limits of obligations and legal relationships between freight forwarding companies, carriers, and sea freight forwarding companies in the context of sea transportation activities. Using a normative legal research methodology, this study utilizes legal resources that include relevant laws and regulations as well as applicable court decisions, with a legislative approach and a case approach. The results of this study show that, first, the limitation on the responsibility of the expedition company regulated in Article 87 of the Commercial Code (KUHD), as well as the limitation of the carrier's liability regulated in Article 40 and Article 41 of Law Number 17 of 2008 concerning Shipping, unlawful acts under Article 1365 of the Civil Code, and the responsibility of the sea transportation expedition company in terms of providing convenience, licensing, supervision, and the implementation of order in sea transportation activities, as stipulated in Cassation Decision Number 2665 K/Pdt/2022 which corroborates the decision of the Medan District Court in case Number 728/Pdt.G/2016/PN.Mdn, is in accordance with and includes legal objectives which include legal certainty, justice, and benefits for all parties involved.
STRATEGI ADVOKAT DALAM MENGHADAPI KASUS KONSTITUSI DI MAHKAMAH KONSTITUSI Daniel Sitohang; Martono Anggusti
HUMANITIS: Jurnal Homaniora, Sosial dan Bisnis Vol. 3 No. 3 (2025): Maret
Publisher : ADISAM PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Access to justice is a constitutional right of every citizen, including the right to file cases with the Constitutional Court. However, in practice, several obstacles hinder the fulfillment of this right, particularly for underprivileged communities. One of the main issues is the limited availability of legal assistance in constitutional cases, where many petitioners lack legal representation when submitting their cases to the Constitutional Court. This study employs a normative juridical method with a conceptual approach and literature review. The findings indicate that the role of advocates in constitutional cases is crucial to ensuring the protection of citizens' constitutional rights. However, challenges such as the low involvement of advocates in constitutional cases, limited legal aid funding, and a lack of public legal awareness contribute to the suboptimal access to justice. As a solution, this study proposes the establishment of Constitutional Advocates under the Secretariat General of the Constitutional Court. The presence of Constitutional Advocates is expected to ensure that every citizen, particularly the underprivileged, receives adequate legal assistance in constitutional cases. With supportive regulations and increased legal awareness in society, Indonesia’s constitutional justice system can become more inclusive and equitable.
PERANAN SOMASI SEBAGAI UPAYA HUKUM PENANGANAN PERKARA TENDER Daniel Fransisco Rossi; Martono Anggusti
HUMANITIS: Jurnal Homaniora, Sosial dan Bisnis Vol. 3 No. 4 (2025): April
Publisher : ADISAM PUBLISHER

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

A summons is a legal tool used to provide official notification to a party suspected of violating provisions or agreements, before taking further legal action. In the context of a dispute, a summons serves as an attempt at peaceful resolution, giving the parties involved the opportunity to correct mistakes without going through the court process. In addition, a summons creates evidence of good faith in resolving a dispute, and can be a legal basis if the case continues to litigation. Through a summons, the injured party can increase legal awareness and encourage more constructive negotiations, which are expected to reduce conflict and facilitate a more efficient resolution. The main function of a subpoena is as a means of negotiation and settlement outside of court, which aims to prevent conflict escalation and accelerate peaceful resolution.
Co-Authors Abdulrahman Sama-alee Adira Sitanggang Agusmidah Agusmidah Ayu Margareth R. Sitinjak Binsar Manogu Tua Canryfay Elisabet Lumban Gaol Daniel Fransisco Rossi Daniel Sitohang Debora Debora Debora Dwi Natalia Martama Hutabarat Esther, July Fithriatus Shalihah Herlina Manullang Irfandy H Simanungkalit Jeki Saroha Tamba Jinner Sidauruk Johansen E.H.Hasugian Jordy William Hutagalung Joyce Vania Sarumaha Krisdian Rizki Havana Ndraha Lesson Sihotang Lista Ade Sumiati Bondar Mantoma Tawanda Daeli Manurung, Gydeon Irmawan Marnipera Ngerika Sihombing Masni Purba Meli Hertati Gultom Nababan, Natal Frantomas Nola Putra E. C Simanungkalit Prayusti Sarah Simarmata Rajali H. Aji Ria Juliana Siregar Richa Yohana Rusli Siahaan Roida Nababan Roma Cita Sibatuara Rosiana Agnes Rizky Sovia Febrina Tamaulina Simamora Tarigan, Stevani