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All Journal AGRISAINTIFIKA Jurnal Ilmu-ilmu Pertanian DE'RECHTSSTAAT QARDHUL HASAN: MEDIA PENGABDIAN KEPADA MASYARAKAT JURNAL ILMIAH LIVING LAW Jurnal Sistem Cerdas Jurnal Surya Kencana Satu : Dinamika Masalah Hukum dan Keadilan Bantara Journal of Animal Science Al-Minhaj Buletin Poltanesa Jurnal Manajemen Sains dan Organisasi (JMSO) Jurnal Bina Pengabdian Kepada Masyarakat Decode: Jurnal Pendidikan Teknologi Informasi Scientium Management Review Journal of Food and Agricultural Product Journal of Technology and Food Processing (JTFP) Journal Of Indonesian Social Society AMMA : Jurnal Pengabdian Masyarakat Karimah Tauhid Indonesian Journal of Multidisciplinary Scientific Studies El-Mal: Jurnal Kajian Ekonomi & Bisnis Islam Indonesian Journal of Community Services Journal of Ekonomics, Finance, and Management Studies Jurnal Riset Multidisiplin Edukasi Educompassion: Jurnal Integrasi Pendidikan Islam Dan Global SCIENTIA JOURNAL : Jurnal Ilmiah Mahasiswa Fortunate Business Review
Nurwati
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Journal : DE'RECHTSSTAAT

 1 
Analysis of Court Decision Rejecting Homologation of the Settlement Proposal Approved by Creditors in the Process of Postponing Payment Obligations Gustini, Rucita; Sihotang, Sudiman; Nurwati
DE'RECHTSSTAAT Vol. 11 No. 1 (2025): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v11i1.16844

Abstract

Postponement of Debt Payment Obligations (PKPU) is an important legal instrument in the Indonesian bankruptcy legal system regulated in Law Number 37 of 2004 concerning Bankruptcy and PKPU. Ideally, PKPU is designed to provide debtors with the opportunity to restructure debts and reach agreements with their creditors through a peace process, with the aim of running the business and optimal debt repayment to creditors. However, in practice, even though the majority of creditors agree to the peace proposal submitted by the debtor, the Commercial Court has the authority to reject the peace agreement or homologation based on certain legal considerations. The purpose of this study is to examine the peace process in the Postponement of Debt Payment Obligations (PKPU) between debtors and creditors, with a particular focus on the requirements and regulations required to obtain approval from the Commercial Court, as well as to examine the impact of rejecting the approval of the peace proposal that has been approved. The study uses a statutory approach and a case approach to examine aspects of the PKPU peace process. The results of the study reveal that the peace agreement by the Commercial Court does not only depend on the approval of creditors but must also comply with the conditions set. Rejection of ratification by the court can result in the debtor being declared bankrupt by law, where this causes the management of the debtor's assets to be transferred to the curator for settlement. This impact not only affects the continuity of the debtor's business but also has the potential to reduce the level of debt repayment to creditors.
THE ROLE OF THE BRIMOB MEMBERS OF THE POLRI IN IMPLEMENTING COMMUNICATION AFFAIRS TO SUPPORT THE OPERATIONAL DUTIES OF THE BRIMOB: Analisis Peranan Anggota Brimob Polri dalam Pelaksanaan Urusan Komunikasi untuk Mendukung Tugas Operasional Satbrimob FH, Ilham Agung Nugroho; Nurwati; Hakim, Aal Lukmanul
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The communication media used by the Mobile Brigade Corps (Satbrimob) must be appropriate for operational purposes. There must be no misuse of communication devices, as communication facilities are still lacking.The purpose of this research is: To determine and analyze the accountability of Brimob members in the Mobile Brigade Corps (Satbrimob) Communications Division. To determine and analyze the obstacles faced by Brimob members assigned to the Communications Division within the Mobile Brigade Corps (Satbrimob). A research method is needed to gather research materials. The research method used is a normative juridical research method, where law is conceptualized as norms, rules, principles, or dogmas. Research findings: In carrying out police operations, Brimob acts as a backup unit for regional units, providing support, command, and control within the regional unit as the user. In police activities, Brimob personnel are directed towards routine activities in preparation and improving their capabilities in handling jihad, riots, search and rescue, and counter-terrorism. Meanwhile, police operations are carried out in the form of regional operational patterns, namely participating in police operations against forms of public order disturbances that disturb the community, especially local contingencies in the region and centralized regional operations, especially against threats on a national and international scale.
THE EXCLUSIVITY OF MUSIC/SONG CREATORS IS GUARANTEED BY COPYRIGHT LAW NUMBER 28 OF 2014 Rumatiga, Hidayat; Aminulloh, Muhammad; Nurwati; Yumarni, Ani; Devi, Sylvia Haura Carolina; Kelutur, Suparlan
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.13427

Abstract

There is a misunderstanding from the user's perspective that musicians are people who need recognition and need money. In fact, musicians really want the exclusivity of musicians guaranteed by law, because the law is biased. In article 9 of the Copyright Law, every use of copyrighted creations that contain commercial use must obtain permission from the creator. Paragraph (3) all people who do not have permission are prohibited from reproducing or obtaining commercial use. This study aims to examine and analyze the exclusive rights of music or song creators guaranteed by law. This study is empirical juridical with sample selection using random sampling and purposive sampling techniques that are adjusted to the selected sample. The data studied include primary data, namely data obtained from information obtained from interviews with related parties from LMK, and secondary data is data that supports information or supports the completeness of primary data, then analyzed descriptively qualitatively. The results of the study indicate that the exclusivity of song/music creators is to obtain moral rights, economic rights and transfer rights. Creators who own creations must obtain benefits from their creations, so if they do not obtain them, legal protection is needed.
JURIDICAL ANALYSIS OF INFORMATION TECHNOLOGY BASED LENDING AND BORROWING IMPLEMENTATION BASED ON FINANCIAL SERVICES AUTHORITY REGULATION NUMBER 10 /POJK.05/2022 Silitonga, Perdy; Nurwati; Sihotang, Sudiman
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON LEGAL BUSINESS, PUBLIC POLICY, AND GREEN TECHNOLOGY
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The increasing use of information technology, especially electronically, has had an impact on the development of money lending and borrowing services that utilize technological networks, no longer only done face-to-face like conventional banks, but can be done remotely using electronic media. The aim of this research is to analyze the implementation of money lending and borrowing and find out the obstacles in the implementation of money lending and borrowing that utilize technological networks and how to overcome them. In implementing electronic lending and borrowing transactions, there is still fraud or misuse of data, even though the government has regulated electronic lending and borrowing in such a way. In its application, the method used is a notmative juridical approach by applying literature studies and statutory regulations using comparative legal methods. For this reason, the research results show that implementing information technology-based money lending and borrowing is indeed very easy, but in reality there are still many obstacles in utilizing other people's data. For this reason, it is necessary to add provisions regarding lending and borrowing in transactions, namely the obligation to carry out re-verification before disbursing funds or carrying out transactions to show that the person carrying out the transaction is the party carrying out the transaction or the same person at the time of initial registration. Specifically, the contract contained in the endowment pledge is a category of tabarru' (voluntary act) contract which in turn has a meaningful relationship with trust.
TRAFFIC POLICE OPTIMIZATION IN ENFORCING TRAFFIC VIOLATIONS IN THE JURISDICTION OF BOGOR CITY POLICE Teguh Permana , Muhammad; Nurwati; Ilyanawati, R. Yuniar Anisa
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Many motorcyclists are aware of the safety riding program that is often published by various parties, especially the traffic police. However, it seems that the introduction and campaign of the safety riding concept alone is not enough to explain to motor vehicle drivers about road safety. Minor to major violations are still often found. Research methods are needed to collect a number of materials used to answer the legal analysis. Starting from the problem, the research method used is the normative legal research method, namely the law is conceptualized as norms, rules, principles or dogmas. The Traffic Police (Polantas) is responsible for traffic regulations on the highway, this unit assists other elements in the police to handle violations of the law on the highway. For this reason, there are four steps that are the main characteristics of the Polantas task, namely traffic law enforcement (both preventive and repressive), public education about traffic, traffic engineering, and registration and identification of drivers and motor vehicles. In addition, Polantas serves the community in managing STNK, SIM, and helping with traffic accidents.
EFFORTS TO PREVENT SECURITY AND ORDER DISTURBANCES BY THE BRIMOB CORP THROUGH PATROLS AND ON-SITE ACTION BASED ON THE DISCRETIONAL AUTHORITY OF THE POLICE Hananto, Dwi; Nuraeny, Henny; Nurwati
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

Many criminal cases occur in the Jabodetabek area with various types, including murder, rape, robbery, mugging, ganging up, theft, pickpocketing, to the lightest such as bullying. This study aims to determine and analyze efforts to prevent disturbances to security and order by the Brimob Corps through patrols and on-site action based on the discretionary authority of the Police. Empirical legal research is research that examines community behavior as a legal issue. In this study, the object of study is deviant behavior in the form of disturbances to security and order. To make patrol activities effective, namely: (1) Preparation of personnel, (2) Provision of facilities, (3) Knowing field conditions, (4) Patrolling at the right time, (5) Coordinating with village governments, mass organizations, and figures in each area to be patrolled. Discretion is the authority given to police officers to act based on their considerations in certain circumstances. The actions that can be taken are: (1) Preventing criminal acts which include: Soft hand-to-hand control, Hard hand-to-hand control, Control of blunt weapons, chemical weapons including tear gas, chili spray or other tools according to police standards, (2) Arresting the perpetrator, (3) Confiscating all evidence, (4) Taking action to stop activities which have the potential to cause disturbances to security and order.
EFFECTIVENESS OF THE MINISTRY OF COMMUNICATION AND INFORMATION IN HANDLING THE MISUSE OF PERSONAL DATA Riswanih, Ira; Nurwati; Aridhayandi, M. Rendi
DE'RECHTSSTAAT 2024: SPECIAL ISSUE ON DJUANDA INTERNATIONAL CONFERENCE ON SOCIAL SCIENCES (DICSS) 2024
Publisher : Fakultas Hukum Universitas Djuanda

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Abstract

The Ministry of Communication and Information (KOMINFO) has an important role in handling the phenomenon of cybercrime, especially misuse of personal data. The total number of alleged cases of violations of personal data protection from 2019 to May 14, 2024 reached 124 cases. The most violations were data leaks, which were 111 cases. This places Indonesia in the top 10 countries with the most data leaks from January 2020 to January 2024 according to Surfshark, a virtual private network (VPN) company from the Netherlands. Because of this case of personal data leaks, many other institutions have also felt the impact and the impact is not only felt by related institutions but also by the Indonesian people. The Electronic Information and Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP) were formed because of the urgent need for the people, nation, and state of the Republic of Indonesia today and in the future to be able to compete in the era of globalization. The purpose of this study is to determine how effective the Ministry of Communication and Information is in handling cybercrimes related to misuse of personal data that often occurs in the era of globalization, not only that, this study was also conducted to determine how harmonious the relationship between the Ministry of Communication and Information with other institutions is so that handling misuse of personal data can be carried out more optimally. This study uses a normative legal approach. This study focuses on the analysis of laws and regulations related to the ITE Law and the PDP Law. This type of normative research uses qualitative analysis, namely by analyzing data from library research then processing, generalizing, and analyzing it to answer the problem, then conclusions are drawn regarding the effectiveness of the Ministry of Communication and Information (KOMINFO) in handling cybercrimes related to misuse of personal data. This study shows the findings that there is a fairly severe gap that can be experienced by the Ministry of Communication and Information in carrying out the job description related to personal data protection. This gap does not only come from outside but also from within the Ministry of Communication and Information itself. So if the gap is not immediately closed and fixed, it will have an impact on the programs of the Ministry of Communication and Information, other institutions, and the wider community. The focus of this research will be limited to the many changes that have occurred in the Ministry of Communication and Information itself. This research is relevant to the legal and policy context, especially related to personal data protection. By analyzing this personal data protection policy, it is expected to provide useful input for policy makers, especially for the Ministry of Communication and Information in fixing the gaps that occurred previously so that they do not happen again in the future.
Co-Authors -, Riki Nova Nugraha Aal Lukmanul Hakim Achmad, Qorie Claudi Agus Setiya Alam, Ryan Saputra Alidin, La Ode Asfahyadin Amalia, Nadia Amelia, Mira Aminulloh, Muhammad Aminuloh, Muhamad Amrizal Anang Setiawan Andrew Ramadhani Annisa Pertiwi Aridhayand, M. Rendi Aridhayandi , M. Rendi ARIFUDDIN Arrafi, Adham Azzulyo Astuti, Aprianti Azzahra, Melani Bilqis, Renata Farha Buana, Gilang Cakra Dadang Suprijatna Darmansyah Devi, Sylvia Haura Carolina Diah Eka Maulina DIAN WULANDARI Eko Nursalim, Eko Endeh Suhartini Erbiana, Nyi Mas Gianti B. Faelasup, Faelasup Fatimah Syamsul Fauzi Mukhtar, Ahmad Rafi Fera, Melly Ferdiyansyah Fery Ramadhan, Muhamad FH, Ilham Agung Nugroho Ginung Pratidina Gustini, Rucita Hananto, Dwi Handayani, Rizky Hariyamoko, Nanda Pungkas Tri Haryanda Putra, Bima Hasannah, Baiq Uswatun Henny Nuraeny Hidayat, Husain Rahmat Hosna, Asmakul Husin Husna, Lenny Ilham Ramadhan Ilyanawati , Yuniar Anisa Ilyanawati, R. Yuniar Anisa Juharsah Kelutur, Suparlan Khunaepi, Rivay Lingga, Dwi Wantoro M Rendi Aridhayandi M. Rendi Aridhayandi Ma'arif, Rizal Syamsul Mahrani, Sri Wiyati Maricar, Yasmin Mufti Muhamad Aminulloh Muhamad Hasdar Muhammad Nabil MULYADI Muslim, Adib Syaiful Mutmainah, Syahidah Nur hidayat, Rizki Nur hidayat Patwayati Prasja, Teguh Rama Pratama, Satria Cipta Agung Prayoga, Muhmmad Zulpani Puspita, Sasi Kirana Putri, Putri Noviyanti Qolyubi, Asep Thobibudin Raden Djuniarsono Rahayu, Elly Ramadhan, Mochamad Bayu Randi, Mohammad Jusuf Ridho, Muhammad Sayyid Rasyid Riswanih, Ira Rosidah, Nuraedi Rumatiga, Hidayat Saepudin Saputra, Fitrio Eko Satriya, Yanuar Hary Setiaji, Krisna Setyaningsih, Sulasyi Shiddiq, Rahmat Sihotang, Sudiman Silitonga, Perdy Sunarko Suryani, Danu Syafitri, Sulistiani Syawalina, Ratri Tantri Maya Leni Teguh Permana , Muhammad Teguh Rama Prasja Tianto, Aditya Dellis Tri Surya, Bagiyo Tulloh, David Wahyu Pramusinto Wahyuniati Hamid William Ramdhan Wiwin Handoko Yudi Santoso, Yudi Yumarni, Ani Yunika Purwanti