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Tinjauan Yuridis Terhadap Perilaku Aparatur Negara Republik Indonesia Dalam Tatanan Administrasi Negara Christine S.T. Kansil; Nethania Aurelia Madelin
UNES Law Review Vol. 6 No. 4 (2024): UNES LAW REVIEW (Juni 2024)
Publisher : LPPM Universitas Ekasakti Padang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1937

Abstract

State officials are people who are used as instruments in government. Even though it has been regulated in the law regarding Government Administration, in practice there are still many problems that hinder it. The behavior of state officials who tend to abuse their authority is a problem that hinders the proper running of government administration. This paper aims to reduce the problems caused by several state officials who tend to abuse their authority. In Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, it is written that an official who commits an act of corruption because he abuses the authority of his position, resulting in harm to the state, then this behavior constitutes an abuse of the authority of his position. The method used in this writing is normative and quantitative. Apart from that, this research uses legislation and case decisions as a primary legal material approach and literature studies as a secondary legal material approach. Article 17 paragraphs (1) and (2) of Law No. 3 of 2014 regulates the prohibition of abuse of authority, where government officials are prohibited from abusing their authority.
The Responsibility Of Business Actors In The Distribution of Blue-Labeled Skincare Products Through E-Commerce Based on Law Number 8 of 1999 Ardhelia Putri Salsabila; Christine S.T. Kansil
Jurnal Ius Constituendum Vol. 10 No. 2 (2025): JUNE
Publisher : Magister Hukum Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/jic.v10i2.12066

Abstract

This study analyzes the legal responsibility of business actors in distributing blue-labeled skincare products through e-commerce platforms, particularly in relation to violations of Law Number 8 of 1999 on Consumer Protection, BPOM regulations, and the Electronic Information and Transactions Law. The urgency of this research arises from the widespread circulation of unauthorized dermatological products sold without BPOM approval, posing serious health risks to consumers in the digital marketplace. Employing a normative juridical method with a statutory and literature approach, this study examines the fragmentation of regulatory frameworks, liability avoidance strategies, and the ineffectiveness of current enforcement mechanisms. The findings reveal that business actors exploit regulatory gaps to avoid accountability and that existing laws are reactive and insufficient for digital contexts. This research contributes novelty by integrating pharmaceutical and e-commerce law in analyzing liability and proposes regulatory reforms that include platform liability mandates, automated monitoring systems, and public awareness campaigns. The study concludes that stricter law enforcement, increased regulatory oversight, and comprehensive stakeholder education are essential to protect consumers and ensure legitimate commerce in Indonesia's digital era.
Perlindungan Hukum Youtuber Atas Publikasi Video yang Telah Dimonetisasi Pendistribusian Royalti oleh Lembaga Manajemen Kolektif Vernando Samosir, Anju Doli; Christine S.T. Kansil
UNES Law Review Vol. 6 No. 2 (2023)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i2.1635

Abstract

The existence of regulations regarding Collective Management Institutions (LMK) in Law 28/2014 and the existence of monetization on YouTube should prevent YouTubers from copyright violations, because Article 87 of Law 28/2014 regulates that the use of works and/or is not considered a violation of Law 28/2014. Related Rights products commercially by users as long as the user has carried out and fulfilled the obligations in accordance with the agreement with LMK. However, there is one very interesting case to be studied in Decision 41PK/Pdt.Sus-HKI/2021 where the Defendant is the creator and owner of video content through the account/channel of YouTuber Gen Halilintar which has been monetized and has paid royalties to LMK, namely Wahana Musik Indonesia (WAMI) was sued by PT Nagaswara Publisherindo which is the copyright holder of a song creation (music and lyrics) entitled "Lagi Syantik" "Ciptaan". The purpose of writing this article is to find out and describe YouTubers' legal protection for video publications that have been monetized for distribution of royalties by LMK (Study Decision No. 41PK/Pdt.Sus-HKI/2021). The research method used is normative legal research. The results and conclusions show that legal protection is given to YouTubers who have monetized and paid royalties to their creators through LMK but must still pay attention to moral rights over the creation, namely by not making modifications to the creator's work.
Pelanggaran Kode Etik Kepolisian Negara Indonesia Terkait Penyelewengan Wewenang Pejabat Kepolisian Christine S.T. Kansil; Sheren Regina Vedora
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1936

Abstract

The state has the right to govern its territory and citizens, but this cannot be done without the assistance of state institutions. One such institution that helps in the administration of governance is the Indonesian National Police, whose duties are regulated by Undang-Undang Nomor 2 Tahun 2002. In carrying out their duties, the Indonesian National Police have a code of ethics as a guide for their members to reflect the comprehensive character of a police officer. However, as time progresses, changes occur in the ethics and morality of police members, which led to the establishment of Peraturan Kepolisian Negara Republik Indonesia Nomor 7 Tahun 2022 Tentang Kode Etik Profesi dan Komisi Kode Etik Kepolisian Negara Republik Indonesia. Violations of this code, particularly by high-ranking officials, such as the case of Teddy Minahasa, a former high-ranking police officer, hinder the enforcement of law. Therefore, it is crucial for the Indonesian National Police to follow and practice ethics in their duties, such as state ethics, institutional ethics, community ethics, and personal ethics. By adhering to these ethics, it is hoped that police members can carry out their duties with commitment, honesty, and high responsibility, for the safety, welfare, and unity of the nation. However, to address these violations, it is necessary to enforce the law firmly and to continuously prevent and cultivate police members to understand and internalize these ethics in every aspect of their life and duties.
Tinjauan Yuridis Terhadap Perilaku Aparatur Negara Republik Indonesia Dalam Tatanan Administrasi Negara Christine S.T. Kansil; Nethania Aurelia Madelin
UNES Law Review Vol. 6 No. 4 (2024)
Publisher : Universitas Ekasakti

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31933/unesrev.v6i4.1937

Abstract

State officials are people who are used as instruments in government. Even though it has been regulated in the law regarding Government Administration, in practice there are still many problems that hinder it. The behavior of state officials who tend to abuse their authority is a problem that hinders the proper running of government administration. This paper aims to reduce the problems caused by several state officials who tend to abuse their authority. In Article 3 of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001, it is written that an official who commits an act of corruption because he abuses the authority of his position, resulting in harm to the state, then this behavior constitutes an abuse of the authority of his position. The method used in this writing is normative and quantitative. Apart from that, this research uses legislation and case decisions as a primary legal material approach and literature studies as a secondary legal material approach. Article 17 paragraphs (1) and (2) of Law No. 3 of 2014 regulates the prohibition of abuse of authority, where government officials are prohibited from abusing their authority.
Analisis Penggunaan Rupiah Digital dalam Mencegah Risiko Disintermediasi Sistemik pada Bank di Indonesia Yervant Tavish Serafin Sitompoel; Christine S.T. Kansil
AL-SULTHANIYAH Vol. 14 No. 2 (2025): AL-SULTHANIYAH
Publisher : Institut Agama Islam Sultan Muhammad Syafiuddin Sambas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37567/al-sulthaniyah.v14i2.4543

Abstract

The Digital Rupiah (Central Bank Digital Currency/CBDC) was designed as a risk-free, publicly accessible Central Bank currency, promising payment system efficiency. However, the presence of the Digital Rupiah creates a structural threat to financial stability through risk disintermediation, namely the large-scale transfer of savings from commercial banks to the Digital Rupiah. This phenomenon has the potential to trigger a very rapid digital bank run, exceeding the mitigation capabilities of existing banking regulations (lex generalis). This study uses a juridical-normative method to analyze the legal landscape arising from the interaction between the Digital Rupiah and the current banking regulatory framework, particularly regarding liquidity protection. The purpose of this study is to provide a reference for new legal instruments to create restrictions. These restrictions serve as preventive legal instruments to ensure the Digital Rupiah functions as a means of payment, not a substitute for commercial bank deposits, thereby ensuring the continuity of the national banking intermediation function. The results of the juridical analysis indicate that the legal instrument of lex generalis banking is unable to address the risk disintermediation of the Digital Rupiah.