Articles
Legal Protection Of Intellectual Property Rights Owned By Mojorangagung Village
Wiwin Yulianingsih;
Sutrisno;
Yana Indawati;
Hervina Puspitosari;
Mas Anienda Tien F
International Journal Of Humanities Education and Social Sciences (IJHESS) Vol 2 No 2 (2022): IJHESS- OCTOBER 2022
Publisher : CV. AFDIFAL MAJU BERKAH
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DOI: 10.55227/ijhess.v2i2.251
The development of the digital world is so rapid and has penetrated the business sector, making companies compete with each other to find candidates for digital marketers to support their business. Therefore, it is not surprising that digital marketers are now a separate profession. In addition to thriving digital marketing services are also run by independent agencies. BUMDes must take part in the development of this digital world, considering that BUMDes also run businesses that require a market as a buyer or target market. So that existing developments need to be followed, digital marketing methods must be mastered, because the world is rushing towards the digital era. BUMDes must be aware of digital marketing. Because in this all-digital era, marketing through digital media is very important, and the market has gradually shifted to digital media. Someone will search for a product by just clicking through the search page on Google, or when someone wants to look for village tourism visits, then he will also search on Google or social media.
Analisis Kendala Penegakan Hukum Pidana Terhadap Pelaku Pengaturan Skor (Match Fixing) Sepak Bola di Jawa Timur (Studi Kasus di Jawa Timur)
Adrian Imam Ramadhan;
Hervina Puspitosari
Sultan Jurisprudence: Jurnal Riset Ilmu Hukum Vol.2 No.2 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa
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DOI: 10.51825/sjp.v2i2.16205
There are Provisions Football is a very popular sport among the people of Indonesia. The total population of Indonesia, which has a total of 365 million, prefers this one ball sport to other sports. With such huge potential resources, many are interested in using football as a medium or intermediary for various messages and information, ranging from its role as a business medium to a political medium. The research method of this writing is empirical juridical, is a legal research regarding the enforcement or implementation of normative legal provisions in action on every particular legal event that occurs in society. The main motive for fixing the score is money. Big capital gambling syndicates dare to make scenarios regarding the outcome of a match because they have a lot of money to play at many points. However, it must be understood that as long as it does not meet certain elements that are criminally regulated, a score setting cannot be included in the category of crime/criminal but will still injure fair play. Three Elements of Legal System, the theory of Lawrence M. Friedman is a factor that influences law enforcement, namely the structural component, the substance component, and the cultural component or legal culture. Law enforcers must be pro-active in enforcing the law on match fixing because in essence, fixing scores or bribes in speak football matches is a general offense. Without a report, the police should do intelligence work for the convenience and good of the sport of football.
Implementasi Rehabilitasi terhadap Anak sebagai Korban Kejahatan Berbasis Seksual (Studi di Unit Layanan Terpadu Perlindungan Sosial Anak Integratif (ULT PSAI) Kabupaten Tulungagung)
Karisma Nilam Ayuandani;
Hervina Puspitosari
Yustisia Tirtayasa Vol. 2 No. 3 Desember 2022
Publisher : Fakultas Hukum Universitas Sultan Ageng Tirtayasa
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DOI: 10.51825/yta.v2i3.16391
Special protection of children who are victims of sexual violence according to The Statute of Child Protection Number 35 of 2014 is carried out through rehabilitation efforts. The same is also regulated in Law Number 12 of 2022 concerning the Crime of Sexual Violence which explains that rehabilitation is the victim's right to recovery efforts. By the mandate of the law, the government and also other state institutions should provide special protection for children, which encourages the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency. This institution has an ideal range of services for children, including services for children who are victims with response including victim rehabilitation. This study will analyze the implementation of rehabilitation by the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency for child victims of sexual violence and the obstacles to its implementation. The research methodology used is empirical juridical with a case study approach. The results of the study show that the implementation of rehabilitation of children who are victims of sexual violence must go through several processes first. The main and first process carried out is data collection and continued with mentoring. Rehabilitation is carried out through several stages, namely the initial approach, assessment, intervention, evaluation, formulation of conclusions, ending with termination. Obstacles in efforts to provide rehabilitation to child victims of sexual violence come from the lack of parental assistance related to recovery rights for children who are victims of sexual violence so that they consider that rehabilitation is a futile effort, the lack of facilities and infrastructure and the emergence of the COVID-19 pandemic makes the lack of reach to victims pose new challenges for social workers of the Integrated Service Unit for Integrative Children's Social Protection of Tulungagung Regency
PEMENUHAN GANTI RUGI DAN/ATAU MELAKUKAN TINDAKAN TERTENTU ATAS KERUSAKAN LINGKUNGAN HIDUP OLEH PT. GREENFIELDS FARM 2 BLITAR
Ramadhan Kahfi Fahlafi;
Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher
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DOI: 10.53363/bureau.v3i1.230
A healthy environment is a human right that is guaranteed by the 1945 Constitution of the Republic of Indonesia. Law of the Republic of Indonesia Number 32 of 2009 concerning the Protection and Management of the Environment gives the government and/or local government, communities and environmental organizations the right to file a claim for compensation. losses from pollution and/or environmental damage. This is in accordance with the principles of environmental law, namely the polluter pays principle. This study aims to find out how to fulfill compensation and/or take certain actions for environmental damage by PT. Greenfields Farm 2 Blitar and what are the inhibiting factors in fulfilling compensation and/or taking certain actions by PT. Greenfields Farm 2 Blitar. This study uses empirical juridical research methods. Data collection was carried out by means of literature studies and interviews. Data analysis was carried out using descriptive analytical methods and using a qualitative approach. The results of the study show that there is a reference in calculating the amount of compensation that can only be determined by an expert on the basis of the Minister of Environment Regulation Number 7 of 2014 concerning Environmental Losses Due to Pollution and/or Environmental Damage. In fulfilling compensation and/or taking certain actions there are 3 (three) inhibiting factors in fulfilling compensation for environmental pollution and/or damage, namely legal factors such as the absence of a clear legal basis to calculate the valuation of compensation for the community due to environmental damage, law enforcement factors such as the absence of a deterrent effect in imposing administrative sanctions, and societal factors such as a lack of awareness of the importance of the environment
Perlindungan Hukum Bagi Anak Sebagai Korban Tindakan Persetubuhan
Yolanda Puspita Dewi;
Hervina Puspitosari
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 2 No. 12 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia
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DOI: 10.59141/comserva.v2i12.714
As a democratic country, Indonesia is one of the countries that has experienced an increase in the number of cases of sexual intercourse. These criminal acts occur mostly from the environment and the surrounding community. This despicable thing is a criminal act that tarnishes related to good rules of religion, immorality and decency. Currently this is also happening in big cities. For example, in the city of Surabaya, with the rise of cases of sexual intercourse, people are increasingly worried, especially their closest family members. This disgraceful act is part of a very serious legal customer and there must be strict and severe sanctions that must be stipulated so that a complex case study is necessary. In uncovering the case, there was such a despicable act that targeted the victim to the children of the perpetrator against the victim. Investigators need to understand the aspects that are the cause or factor of the existence of such a disgraceful act of intercourse with the victim among children so that the investigator can know how to do it by providing protection to victims of immoral acts towards children. The problems and objectives that are wanted in this scientific study with the aim of finding out and understanding the aspects that are the causes or factors for these immoral acts and understanding what obstacles the investigation team receives to explain the reasons for the disgraceful act of intercourse that targets child victims happened in the city of Surabaya. In addition, this research is also intended to find out what efforts are made by law enforcers to protect victims of these immoral acts, especially child victims and obstacles in deciding on these protection efforts. Implementation of this research is intended by carrying out steps such as interviews, literature review, or review of scientific references. The results of this study indicate that the legal protection provided by investigators is: medical examinations for victims of sexual intercourse, namely by carrying out Visum et Rapertum, the investigators carry out rehabilitation for victims by presenting a psychologist to restore the disturbed psyche of the victim, this is very important to do.
Analisis Perlindungan Hukum Terhadap Anak Sebagai Pelaku Tindak Pidana Pencurian dengan Diversi Berdasarkan Undang-Undang No 11 Tahun 2012 Tentang Sistem Peradilan Pidana Anak
Sri Rahayu Oktavia;
Hervina Puspitosari
COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat Vol. 2 No. 12 (2023): COMSERVA : Jurnal Penelitian dan Pengabdian Masyarakat
Publisher : Publikasi Indonesia
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DOI: 10.59141/comserva.v2i12.717
The Surabaya District Attorney's Office has implemented the concept of diversion settlement against children in conflict with the law as perpetrators of criminal acts with a total number of successful diversion attempts, namely in 2019 a total of 87 cases, in 2020 71 cases and in 2021 39 cases. This study uses a normative juridical method with descriptive analytical research specifications. This study aims to determine legal protection for children with diversion at the Surabaya State Prosecutor's Office as well as obstacles and efforts to overcome the implementation of diversion. The type of data used in this study is secondary data with the first formulation of the problem. How is legal protection for children as perpetrators of the crime of theft with diversion? based on Law No. 11 of 2012 concerning the Juvenile Criminal Justice System at the Surabaya District Attorney? And the second formulation of the problem are what are the obstacles to the implementation of protection for children as perpetrators of the crime of theft with diversion at the Surabaya District Attorney. The results obtained from the results of this study are the protection given to children as perpetrators of criminal acts of theft, namely with the settlement process outside the court with the concept of diversion settlement. The legal protection that is applied to the prosecutor in solving child theft cases is implemented with reference to Law 11 of 2012 concerning the Juvenile Criminal Justice System where diversion must be carried out as an effort to provide legal protection, and there are also obstacles to the implementation of diversion so that the author provides suggestions so that the implementation of diversion can be carried out even better by providing outreach to the community about the role of diversion in resolving cases of children as perpetrators of criminal acts, revision of Law no. 11 of 2012 concerning the Juvenile Criminal Justice System regarding the timeframe for implementing diversion which is lacking and the last effort is law enforcement in this case, prosecutors must instill diversion better.
IMPLEMENTASI PERLINDUNGAN HUKUM ATAS KESELAMATAN KERJA PADA PERUSAHAAN JASA KONSTRUKSI (STUDI DI PT. SASMITO)
Rony Hartanto;
Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher
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DOI: 10.53363/bureau.v3i2.298
Occupational safety is the rights of citizens based on article 27 paragraph (2) of the 1945 Constitution of the Republic of Indonesia. Based on the Manpower Law, workers/laborers have the right to occupational protection and safety. This research is to find out how the implementation of legal protection for work safety in the construction service company PT Sasmito. This study uses empirical juridical research methods. Collecting data by means of interviews and literature study, using descriptive analytical methods and using a qualitative approach. Research results in the form of PT. Sasmito in protecting work safety, namely forming policies in the form of OSH planning, implementing OSH plans, monitoring and evaluating OSH work, reviewing and improving SMK3 performance, PT. Sasmito also participated in the workers' social security program. PT. Sasmito applies OHSAS 18001:2015 certification, conducts investigations, makes efforts related to victims, and performs managing control. PT. Sasmito experienced obstacles which were obstacles such as obstacles in protecting work safety due to low awareness of workers and the many laws and regulations related to K3, then when a work accident occurred in the form of a lack of supporting tools etc. and after a work accident, namely loss of workers and a limit on BPJS. From these various obstacles PT. Sasmito made an effort by conducting K3 socialization and imposing fines on workers who did not comply with PT. Sasmito
ANALISIS PUTUSAN PENGADILAN ATAS PEMBERIAN IZIN POLIGAMI OLEH PENGADILAN AGAMA SURABAYA : Studi Putusan Nomor 2469/Pdt.G/2022/PA.Sby
Raffly Fadilla;
Hervina Puspitosari
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher
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DOI: 10.53363/bureau.v3i2.317
A good judgement is the one that conforms to the applicable rules. The analysis of the court’s judgement regarding the granting of polygamy permit aims to examine and analyze the legal and social aspects of the judgement, as well as the legal considerations used by the Panel of Judges. This research employs a normative legal research method that relies on the study of legal literature and interviews as supporting data. The approach used in this study is a case approach based on primary, secondary, and tertiary legal materials. The results of this research indicate that the Panel of Judges considers both legal and humanitarian aspects in their judgements. Furthermore, the polygamy permit application with Case Number 2469/Pdt.G/2022/PA.Sby, although meets the requirement for polygamy permits under both civil and Islamic law, is deemed incompatible with humanitarian values due to the applicant’s income, which is not considered sufficient for practicing polygamy
EFEKTIVITAS PENANGGULANGAN PENGGUNAAN KNALPOT RACING BAGI PENGENDARA KENDARAAN BERMOTOR
Tedy Firmansyah;
Hervina Puspitosari
Suloh:Jurnal Fakultas Hukum Universitas Malikussaleh Vol 10, No 2 (2022): Suloh: Jurnal Fakultas Hukum Universitas Malikussaleh - Oktober 2022
Publisher : Program Studi Magister Hukum Universitas Malikussaleh
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DOI: 10.29103/sjp.v10i2.8195
Penelitian ini bertujuan untuk menjelaskan kenapa masih banyak penggunaan knalpot racing dan menjelaskan tentang bagaimana efektivitas penanggulangan di Satuan Lalu Lintas Polisi Resort Jombang. Hal ini dilatar belakangi oleh hasil observasi penulis di lapangan serta didukung data penindakan knalpot racing di wilayah jombang selama 3 tahun terakhir terjadi peningkatan dari tahun 2019 sampai 2020 mengenai pelanggaran penggunaan knalpot racing yang melebihi batas decibel yang telah ditentukan serta tidak memenuhi kelayakan teknis dan layak jalan. Dengan mengkaji salah satunya Undang-Undang Nomor 22 Tahun 2009 tentang Lalu Lintas dan Angkutan Jalan. Inti dari adanya Undang -Undang Lalu Lintas dan Angkutan Jalan ialah terciptanya kondisi lalu lintas yang aman,tertib dan taat ketika berkendara. Metode Penelitian yang penulis gunakan dalam penulisan ini yaitu penelitian yuridis empiris yakni jenis penelitian hukum sosiologis yang juga dapat disebut sebagai penelitian lapangan, dengan menyebarkan kuesioner dalam bentuk google form yang dibagikan pada grup Facebook komunitas racing selain itu didukung dengan wawancara langsung dengan tokoh masyarakat. Mengkaji tentang ketentuan hukum yang berlaku serta apa yang terjadi dalam kenyataan di masyarakat. Hasil dari penelitian ini adalah Terdapat kendala internal yang dialami polisi Satuan Lalu Lintas Polisi Resort Jombang, diantaranya kurangnya sosialisasi kepada masyarakat, Selain kendala internal, juga terdapat kendala eksternal rendahnya tingkat kesadaran hukum pengemudi kendaraan bermotor roda dua yang menggunakan knalpot racing, dan terdapat upaya preventif maupun upaya represif yang dilakukan pihak kepolisian.
SETTLEMENT OF ANY CASES BY ADVOCATES AGAINST CLIENTS
Nendyo Agung Legowo;
Hervina Puspitosari
JOSAR (Journal of Students Academic Research) Vol 8 No 1: March 2023
Publisher : Universitas Islam Balitar
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DOI: 10.35457/josar.v9i1.2526
The client gives a control of lawyer to the advocate went with by a discourse of the rights and commitments of the parties. Advocates are entitled to an honorarium and clients are entitled to lawful help in a mindful way and in agreement with appropriate law. Article 6 of Law Number 18 of 2003 concerning Advocates (Law on Advocates) emphasizes that disregarding clients and negligance of cases may be a infringement that can be arraigned. The Advocates' Organisation Board, particularly the PERADI Territorial Organisation Board (DKD) of East Java, is authorized by the Law on Advocates to require activity and endorse advocates who are demonstrated to have damaged advocates proffesional ethics. The truth is that there are still numerous advocates who abuse the code of morals, one of which is case disregard. All through 2019-2020, 11 (eleven) cases of infringement of the code of morals were recorded by the DKD PERADI East Java. The detailing of the issue talked about is lawful cures that clients can take against.