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THE ENFORCEMENT OF CYBERCRIME LAW WITHIN THE LEGAL SYSTEM OF INDONESIA Rafie, Patih Ahmad; Merta, M. Martindo; Junaidi, Junaidi
JOURNAL OF HUMANITIES, SOCIAL SCIENCES AND BUSINESS Vol. 3 No. 3 (2024): MAY
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/jhssb.v3i3.1038

Abstract

This study aims to analyze the legal regulations on cyber crime in the Indonesian legal system. The research method used is document analysis, by examining Law Number 11 of 2008 concerning Electronic Information and Transactions (ITE Law) and other related literature. The analysis results show that the legal regulations on cyber crime in Indonesia are governed by the ITE Law, which regulates various criminal actions related to the use of information and communication technology. In addition to the ITE Law, there are also other regulations that govern cyber crimes. However, there is a need for the enactment of the Cyberlaw Bill to provide a more specific and comprehensive legal basis for addressing cyber crimes. With specific laws regulating cyber crimes, law enforcement can be carried out more effectively and efficiently, providing legal certainty for cyber crime victims, and offering better legal protection for them. Therefore, this study concludes that legal regulations on cyber crimes need to be continuously developed and updated in accordance with the development of technology and the evolving trends of cyber crimes.
Covid-19 Pandemic: Force Majeure or Hardship based on the Principle of Good Faith in The Employment Agreement Junaidi, Junaidi; Surahmi, Mila
Journal of Private and Commercial Law Vol 7, No 2 (2023)
Publisher : Faculty of Law, Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jpcl.v7i2.47898

Abstract

A Covid-19 pandemic is an event that occurs beyond the parties' control and the parties' fault. However, applying force majeure and hardship in the event of a failure to fulfill achievements in the work agreement is subjective and cannot be used as a general principle. Its application must be carried out by analyzing case by case because not all entrepreneurs are affected by the Covid-19 pandemic, which then causes entrepreneurs to be unable to fulfill their obligations as debtors in work agreements. The employment relationship between workers and the company must obtain legal protection. The method used in this research is normative juridical. Normative research is where the law is conceptualized as what is written in a statutory regulation (law is books) or the law is conceptualized as a rule or norm that is used as the basis for human behavior as a benchmark for good or bad. The purpose of this study is to obtain a solution to termination of employment due to the Covid-19 pandemic by applying the principle of force majeure or hardship in the employment agreement. Research findings suggest that the principle of hardship has not been regulated in positive law in Indonesia, so business activities in Indonesia in general still depend on the force majeure principle as a clause included in agreements and dispute resolution. Companies that terminate employment relations should be replaced by postponing regular work or renegotiating contracts known as hardship
Implementation of Penal Mediation "Tepung Tawar" as Criminal Case Settlement in Palembang, South Sumatra Junaidi, Junaidi
Teumulong: Journal of Community Service Vol. 2 No. 2 (2024): April 2024
Publisher : Institute of Education and Social Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62568/jocs.v2i2.19

Abstract

Legal pluralism in Indonesia makes it a dynamic legal dynamic. Conflict resolution in social relations, whether it is a civil or criminal matter in Indonesian customary society prefers to be resolved by family or deliberation. In the settlement of criminal cases in Palembang, there is a customary tradition known as "tepung Tawar". This dispute resolution ends with "berangkan-angkanan" (binding brotherhood) which indicates that both parties have reached a consensus/agreement. In writing this Community Service article I will discuss the implementation of the customary tradition of "tepung tawar" in Palembang, South Sumatra Province, this activity aims to provide understanding to the community about restorative justice by means of "tepung tawar" as a medium for conflict resolution.
THE BASIS OF JUDGES ‘CONSIDERATIONS ON DECISIONS OF DIFFERENT RELIGIOUS HERITAGE IN ISLAMIC LAW PERSPECTIVE Junaidi, Junaidi
Nurani Vol 20 No 2 (2020): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v20i2.4453

Abstract

Giving inheritance to heirs of different religions is considered a violation of Islamic law, because it is considered not to maintain Islam. property owned by Muslims should be used as a way to worship, not given to non-Muslims. In the settlement of the case of the Pengadilan Tinggi Agama Palembang, decision Number 05/Pdt.G/2015/PTA.Plg, referring to the Yurisprudensi Mahkamah Agung Number: 51K / AG / 1999, which basically states that heirs who are not Muslim can still get assets from the heir Those who are Muslims based on the "WasiatWajibah" which share the same as the part of the daughter of some heirs, so that non-Muslim children are entitled to a share of the inheritance of a Muslim heir as recipients of the obligatory will. What has been decided by the judge to decide the case has deviated from the rules of Islamic law because of the issue of inheritance disputes with Muslim heirs who must comply with the rules of Islamic Inheritance Law.
ISSUE OF GRANT PROPERTY WITHDRAWAL IN ARTICLE 712 OF SHARIA ECONOMIC LAW COMPILATION AND ARTICLE 212 OF ISLAMIC LAW COMPILATION Junaidi, Junaidi; Surahmi, Mila
Nurani Vol 21 No 1 (2021): Nurani: jurnal kajian syari'ah dan masyarakat
Publisher : Universitas Islam Negeri Raden Fatah Palembang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.19109/nurani.v21i1.7977

Abstract

Grant is a unilateral agreement by a grantor that is carried out by the grantor to the grantee who gives goods free of charge to the grantee. This grant is carried out between the grantor and the grantee is still alive and well. In practice, there were many cases where grants were revoked or withdrawn by the grantor for certain reasons. Therefore, this study was conducted to determine the law of withdrawal of grants by the grantors. The research method used is juridical normative and the approach method used in the research is the library research approach. In Article 712 of the Sharia Economic Law Compilation explains that the grant property can be withdrawn by the grant if the grantee approves, whereas, in Article 212 Islamic Law Compilation, the grant cannot be withdrawn under any circumstances, except for a grant related to his child. issue of the difference between the withdrawal of grant property found in the Sharia Economic Law Compilation, if the grantee agrees and voluntarily returns the grant property that has been received and in the Islamic Law Compilation, the grant property can be withdrawn, namely a parent's grant to his child, this is because the grant property can be counted as inheritance as stipulated in Article 211 of Islamic Law Compilation. These two compilation laws are used and applied in the Religious Courts to resolve disputes for Muslim parties.
Legal Reform of Artificial Intelligence's Liability to Personal Data Perspectives of Progressive Legal Theory Junaidi, Junaidi; Pujiono, Pujiono; Fadzil, Rozlinda Mohamed
Journal of Law and Legal Reform Vol. 5 No. 2 (2024): Justice and Law Reform in Various Perspectives
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/jllr.vol5i2.3437

Abstract

Advances in technology help people carry out their activities more easily. One of them is artificial intelligence which is used in various fields. However, the use of Artificial Intelligence has a negative impact, such as the emergence of Artificial Intelligence actions that violate ethics, legal regulations, or harm other parties that must be accounted for. The purpose of the research is to find out the legal liability of Artificial Intelligence for misuse of personal data based on progressive legal theory and the protection of personal data against the use of Artificial Intelligence based on Law Number 27 of 2022. The research method used normative legal research focuses on active legal inventories, legal principles and doctrines, legal discovery in specific cases, legal systems, levels of uniformity, comparative law and legal history. The research found that the use of Artificial Intelligence in collecting and analysing personal data can threaten individual privacy. Indonesia already has Law Number 27 of 2022 concerning Personal Data Protection, for the application and implementation of the law there is no governing Government Regulation, so that the legal protection provided is still not optimal. For this reason, it is necessary to have laws and regulations that specifically regulate the use of Artificial Intelligence, so that violations of the law that result in losses due to the use of Artificial Intelligence that can collect and analyse personal data can be held legally responsible.
SOSIALISASI KEBIJAKAN KPPU TERKAIT SINERGI BUMN: MEMASTIKAN PERSAINGAN USAHA YANG SEHAT DAN BERKEADILAN Rafie, Patih Ahmad; Junaidi, Junaidi; Merta, M. Martindo
PORTAL RISET DAN INOVASI PENGABDIAN MASYARAKAT Vol. 3 No. 1 (2023): DECEMBER
Publisher : Transpublika Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55047/prima.v3i1.1035

Abstract

The primary objective of this community service initiative is to augment public comprehension and awareness, particularly among business entities and stakeholders associated with State-Owned Enterprises (BUMN), regarding the regulations governing fair and robust business competition. The overarching goal is to stimulate greater adherence to these regulations and foster transparency in the operational practices of BUMNs. Through these endeavors, we aim to pinpoint and address challenges inherent in business competition practices, ultimately fostering an environment conducive to innovation and sustainable economic development. The methodology employed in this community service involves the orchestration of a comprehensive series of workshops. These workshops serve as a platform for disseminating knowledge on fair and healthy business competition regulations, elucidating best practices in the synergies of State-Owned Enterprises, and facilitating discussions on compliance and transparency. By creating an open forum for dialogue and learning, participants are equipped with the tools and insights needed to navigate the intricacies of business competition regulations effectively. The tangible outcomes of this community service initiative are multifaceted. Firstly, there is a discernible enhancement in public understanding and awareness of the regulatory framework governing fair and healthy business competition.
Model Tradisi Adat “Tepung Tawar” Dalam Penyelesaian Konflik Pengelolaan Sumber Daya Alam Junaidi, Junaidi
Zaaken: Journal of Civil and Business Law Vol. 5 No. 2 (2024): Juni 2024
Publisher : Universitas Jambi, Fakultas Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.22437/zaaken.v5i2.37586

Abstract

The numerous disputes over the exploitation of natural resources mark this condition. Conflict resolution without going through the judicial route by utilizing the customary system has been passed down through generations in the life of customary law communities in Indonesia. The way to resolve conflicts based on Indonesian customary traditions aligns with values of justice that are prioritized over legal certainty. Conflict resolution through a familial approach is called "tepung tawar" and is one type of local wisdom practiced by the community in South Sumatra. The research discusses how the "tepung tawar" model is used in resolving natural resource conflicts and the strengthening of "tepung tawar" in customary institutions as legislation. This research method uses normative legal research. Tepung tawar is a method of non-litigious conflict resolution through deliberation, where by discussing, both parties can reach an agreement that is mutually beneficial in a peaceful manner. Tepung tawar in customary law can serve as a foundation for resolving conflicts related to natural resource management. Serious efforts are needed to empower customary law by the government through its regulation in legislation.
PENAL MEDIATION THROUGH THE CUSTOMARY TEPUNG TAWAR TRADITION IN MEDICAL MALPRACTICE RESOLUTION Junaidi, Junaidi
Cepalo Vol 9 No 1 (2025)
Publisher : Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25041/cepalo.v9no1.3943

Abstract

Medical malpractice refers to treatment by doctors or healthcare professionals that deviates from established standards or violates legal and ethical norms. However, Article 310 of Law Number 17 of 2023 on Health lacks clarity, as it does not explicitly define mediation as an alternative dispute resolution mechanism or address the resolution of criminal offences arising from medical malpractice. This research aims to propose penal mediation through the tepung tawar tradition as a means to achieve justice and introduce innovative reforms in criminal law. Using a normative juridical approach, which relies on library research and secondary legal sources, this research explores the tepung tawar tradition as a model for resolving medical malpractice cases through penal mediation, enabling amicable settlements that eliminate both civil and criminal liability. Therefore, harmonizing customary law with formal legal frameworks is essential to ensuring broader and more equitable justice in addressing medical malpractice in Indonesia.
MODEL OF CYBERBULLYING DETECTION ON SOCIAL MEDIA USING MULTI-LABEL DEEP LEARNING: A COMPARATIVE STUDY Lemi Iryani; Junaidi Junaidi; Paisal Paisal; Mariana Purba; Nia Umilizah; Bakhtiar Bakhtiar; Nur Ani
JITK (Jurnal Ilmu Pengetahuan dan Teknologi Komputer) Vol. 10 No. 4 (2025): JITK Issue May 2025
Publisher : LPPM Nusa Mandiri

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33480/jitk.v10i4.6004

Abstract

Cyberbullying is the deliberate act of using technology to harm others. This study aims to analyze 400 Instagram comments obtained via API from previous research. The data were labeled into three classes: negative (containing cyberbullying), positive (non-bullying, supportive), and neutral (neither positive nor negative). The data for experiment was divided into 70% for training and 30% for testing. The research methodology consists of three main stages. The first stage is text preprocessing, which includes tokenization (splitting comments into tokens), filtering (removing unimportant words or stop-words), and stemming (converting words with affixes into their root forms). The second stage is classification analysis using BiLSTM, LSTM, RNN, and CNN-1D methods. The third stage is evaluation by comparing the model's classification results with manually labeled data using accuracy as the evaluation metric. The results show that the BiLSTM model performed the best, achieving an accuracy of 98.51% on the training data and 81.82% on the testing data. The BiLSTM method used in this study can be further adapted to enhance the effectiveness of cyberbullying detection in various applications.