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All Journal Jurnal Cakrawala Hukum Widya Yuridika Legal Spirit BHIRAWA LAW JOURNAL
Laila, Khotbatul
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Arts Humanities Law, Crime, Criminology & Criminal Justice Social Sciences

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Hukum Progresif sebagai Solusi Kebebasan Berpendapat dengan Asas Demokrasi Pancasila Laila, Khotbatul
Jurnal Cakrawala Hukum Vol 10, No 2 (2019): Desember 2019
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v10i2.3546

Abstract

Democracy guarantees the basic rights of every citizen to express their opinions freely. freedom that is limited by mechanism. Restrictions on freedom of opinion by mechanisms is so important to be implemented, in order to maintain the basic values of the Indonesian state as a constitutional democratic state. the law was formed to make people happy and give benefit to humans, not humans who are slaves to the law that tend to emphasize procedural justice. The application of progressive law towards the perpetrators of this law, is expected to be able to direct the law produced by the legislative process which tends to be elitist to lead to the interests of justice and the welfare of the people at large. Legislation is indeed one of the bridges to bring people to justice, but it is not the only one. The community realizes that law is a never final process. Regarding the series of laws relating to the mechanism of freedom of opinion, the application of progressive law is used as a means of harmonizing legal law between rigid written rules of law with a dynamic and always developing society.How to cite item: Laila, K. (2019). Hukum Progresif sebagai Solusi Kebebasan Berpendapat dengan Asas Demokrasi Pancasila. Jurnal Cakrawala Hukum, 10(2), 177-186. doi:https://doi.org/10.26905/idjch.v10i2.3546
PERLINDUNGAN HUKUM TERHADAP KONSUMEN ATAS IKLAN YANG MELANGGAR TATA CARA PERIKLANAN Laila, Khotbatul
Jurnal Cakrawala Hukum Vol 8, No 1 (2017): Juni 2017
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/idjch.v8i1.1732

Abstract

The process of the birth of an ad is a very important process for a product marketing of a company because advertising is the lifeblood of a company. Advertising process is a very important step to determine the success of a company for its products. There are advertising rules agreed by several parties to create ads. The rule is called the advertising code of ethics which states that advertising must be honest, responsible and not contrary to applicable law is very relevant to the articles contained in the Consumer Protection Act. Therefore, the importance of avoiding fraud done by the producers, it is necessary to include information related to the product in order to protect the interests of consumers. In Indonesia, there are no laws that specifically regulate the advertising, making the rules about advertising is still subject to some rules of law. Consumers have a lot of confusion when going to claim compensation related violations of violations in the advertising world because it is still a blurring the person in charge of the violation.
Analisis Yuridis Hukuman Mati pada Pelaku Tindak Pidana Pembunuhan Berencana Nahak, Artha Ulina; Laila, Khotbatul; Pakpahan, Hatarto; Sabrina, Nahdiya; Lailawati, Fadilla Dwi
Bhirawa Law Journal Vol 4, No 2 (2023): November 2023
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v4i2.11490

Abstract

Premeditated murder is a criminal offense regulated in Article 340 of the Criminal Code whose criminal sanctions are much more severe than other criminal acts because someone who commits the crime of premeditated murder can be sentenced to the most severe crime, namely the death penalty. This research aims to determine the judge's considerations in imposing a crime on the crime of premeditated murder as well as the juridical analysis of the decision. In this research the author uses a normative juridical research method where what is studied is a court decision that already has permanent legal force. In related research the author used techniques for collecting primary, secondary and tertiary materials which include laws, copies of the Lamongan District Court decision Number 160/Pid.B/2020/PN.Lmg, literacy materials such as books, journals, the internet and also a thesis related to the death penalty and premeditated murder. From the research conducted, the author obtained the results of the panel of judges' considerations in handing down the death penalty to the perpetrator of the crime of premeditated murder without paying attention to the elements of the criminal's influence on the perpetrator's future, as well as elements of planning that were not genuinely proven. The death penalty imposed on perpetrators of the crime of premeditated murder is basically contrary to human rights and sociologically, many death sentences have not been executed since 2016 because of the memoratorium issued by the Indonesian government.
Kemudahan Akses Kutipan Buku Leter C Sebagai Bukti Kepemilikan Hak Atas Tanah Oleh Pemerintah Desa Laila, Khotbatul
Legal Spirit Vol 7, No 2 (2023): Legal Spirit
Publisher : Pascasarjana Ilmu Hukum, Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/ls.v7i2.4773

Abstract

Ease of access to land letter C book excerpts as proof of ownership of land rights by the village government in the context of public information disclosure. The research method uses empirical legal research with a sociological juridical approach. The results of the research show that in providing easy access to quotations from letter C books as proof of ownership of land rights by the village government in the context of public information disclosure, the village government is guided by the provisions of the applicable laws and regulations, although still in a conventional way, namely based on a letter of application from the applicant and then the village government issues a land history statement based on the letter C book in the village to be given to the applicant provided that the applicant is a party who has a legal relationship with the object for which the letter C quotation is requested. If these requirements are not met, the village government will not issue the requested Letter C quotation, except by order of the court. The obstacles faced by the village government in providing easy access to quotations from the letter C book as proof of ownership of land rights in order to realize openness of public information and alternative solutions are the disorderly administration of the village government, especially in the village letter C book, data (information) in the letter C book. but it does not match the reality and the condition of the Letter C book is outdated (difficult to read) as well as political differences during the village head election. Alternative solutions include encouraging PTSL programs in villages, digitizing letter C books, providing outreach to the community about the importance of title ownership certificates as proof of legal ownership.
Kedudukan Hukum Adat: Sebuah Perbandingan Hukum Positif di Beberapa Negara Mulyoto, Galih Puji; Mulyono, Galih Puji; Laila, Khotbatul; Budiastanti, Dhaniar Eka; Bidasari, Anindya; Wisuda, Selvia
Widya Yuridika Vol 7, No 1 (2024): Widya Yuridika: Jurnal Hukum
Publisher : Universitas Widya Gama Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31328/wy.v7i1.4569

Abstract

The existence of customary law in positive law often creates ambiguity in the implementation of law enforcement and legal sources. There is a problem here with this principle placing customary law as a source of law. The purpose of this paper is to provide input on the position of customary law in positive law in Indonesia by comparing several Anglo-Saxon and civil law countries. This research method uses normative legal research with a comparative approach. The results and discussion in this study describe the position of customary law in Indonesia, the Philippines, Malaysia, and Brunei Darussalam. The positive laws of these countries regulate the position of customary law in its position as a source of law and law enforcement. Customary law in the Philippines is a dispute resolution tool related to community problems with customary law so that there is no overlap in the enforcement of laws and regulations. Customary law in Malaysia is not codified in the customary law, it is codified in the law. Courts do not play a role in the development of customary law. Customary law is also developed by the courts. Positive law that applies to all society positive law applies to all society. Brunei Darussalam still lives in society and is still widely used positive law is the law that applies to all communities and customary law is the main source of law in Brunei Darussalam.
Implementasi Pendaftaran Tanah Secara Elektronik di Kabupaten Malang Budiastanti, Dhaniar Eka; Shanty, Wika Yudha; Rahayu, Dewi Ayu; Laila, Khotbatul; Gunawan Putri, Annisa Rizkita
Bhirawa Law Journal Vol. 5 No. 2 (2024): November 2024
Publisher : University of Merdeka Malang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26905/blj.v5i2.14675

Abstract

The digitization era in Indonesia has brought about rapid technological advancement, leading to an increase in digital or electronic forms of human activities, particularly in land-related activities. To avoid land disputes, it is essential to ensure legal certainty regarding land rights status. This is achieved through electronic land registration carried out by the National Land Agency (BPN). Article 2 of the Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 outlines the implementation of electronic land registration. This research aims to analyze the implementation of Article 2 of Regulation of the Minister of Agrarian Affairs/Head of BPN No. 1 of 2021 by the National Land Agency (BPN) of Malang Regency and identify the challenges faced by BPN Malang Regency in implementing the regulation. This research employs an empirical legal research method, which examines the effectiveness of law within society. The findings indicate that electronic land registration at the National Land Agency (BPN) of Malang Regency has been gradually progressing, with thirty thousand lands already registered. Challenges encountered include insufficient human resources, a significant portion of the population lacking technological literacy, and concerns regarding cybercrime and electronic certificate forgery.
Co-Authors Bidasari, Anindya Budiastanti, Dhaniar Eka Galih Puji Mulyoto Gunawan Putri, Annisa Rizkita Hatarto Pakpahan Lailawati, Fadilla Dwi Mulyono, Galih Puji Nahak, Artha Ulina Nahdiya Sabrina Rahayu, Dewi Ayu Wika Yudha Shanty, Wika Yudha Wisuda, Selvia