Garuda - Garba Rujukan Digital

Law Enforcement of Defaults in Intellectual Property Rights as Digital Trade Objects Muhdar, Muhdar; Tohari, Mohamad; Suryandari, Wieke Dewi
Interdiciplinary Journal and Hummanity (INJURITY) Vol. 3 No. 6 (2024): INJURITY: Journal of Interdisciplinary Studies.
Publisher : Pusat Publikasi Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.58631/injurity.v3i6.208

The rise of information technology has highlighted the significance of Intellectual Property Rights (IPR), which protect creative efforts and economic investments. In the digital era, intellectual property rights have become a key means to support innovation, creativity, and healthy competition. This study aims to provide a comprehensive analysis and understanding of how to enforce laws regarding breaches of contract in the context of IPR within digital trade. The research contributes to the development of robust legal frameworks and practices in the digital economy. The research method used to write this is normative legal research method, which is legal research carried out by examining library materials and secondary data, where the approach used will be a normative juridical (statute approach) with descriptive-analytical character (Soerjowinoto, 2006). The normative approach is used to analyze Law Number 28 of 2014 concerning Intellectual Property rights and civil law, carried out through examining specific regulations or written laws related to the concept of law enforcement concerning intellectual property Rights as objects of digital trade.

Fan Culture dan Batasan Hukum: Analisis Tindakan Sasaeng Fans dalam Perspektif Hukum Pidana Anggraeni, Hari Sri; Tohari, Mohamad; Susilowati, Tri
Legal Standing : Jurnal Ilmu Hukum Vol 9, No 3 (2025): Legal Standing
Publisher : Universitas Muhammadiyah Ponorogo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24269/ls.v9i3.11752

The phenomenon of sasaeng fans in the K-pop industry has become a serious issue that threatens the privacy and security of idols. Behaviors such as stalking, spreading personal information, and even physical threats are common actions of sasaeng fans, which are often difficult to address legally. This study analyzes sasaeng fans' behavior from the perspective of South Korean criminal law, focusing on case studies of BTS and NCT. The research employs a normative and empirical juridical approach, utilizing legal regulations, court decisions, news reports, and relevant case documentation as data sources. The findings reveal that although South Korea has implemented the Stalking Punishment Act and other regulations, their enforcement faces several challenges, including difficulties in proving intent, relatively lenient penalties, and idols’ reliance on agencies to report cases. Therefore, stricter policy revisions, active agency involvement in reporting violations, and fan education on ethical boundaries in idol support are necessary. The results of the study show that although South Korea has enacted the Stalking Punishment Act and other regulations related to the protection of public figures, its implementation still faces significant obstacles. The original findings in this study indicate that one of the roots of the problem is not merely the legal vacuum, but rather the gap between the existence of the law and legal awareness of both victims and law enforcement officers. In addition, the results of this study also reveal that the sanctions imposed on sasaeng perpetrators tend to be light and do not have a deterrent effect, so that the practice of violating privacy against idols remains widespread.

The Impact Of Using Technology And Innovation In Law Enforcement In The Era Of Digitalization Prayatno, Cecep; Tohari, Mohamad; Susilowati, Tri
Jurnal Ekonomi Teknologi dan Bisnis (JETBIS) Vol. 3 No. 8 (2024): JETBIS : Journal Of Economics, Technology and Business
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/jetbis.v3i8.127

In an era of rapid digitalization, technology and innovation have fundamentally transformed the landscape of law enforcement. This article examines the profound impact of information technology on various aspects of law enforcement in the digital age. It offers a comprehensive review of how technology has reshaped evidence collection, surveillance, rule enforcement, and dispute resolution processes. Additionally, the article discusses the challenges and opportunities the legal system faces in adapting to these technological advancements. Utilizing a literature review methodology, the research analyzes case studies and conceptual frameworks to provide a deeper understanding of how technology enhances the effectiveness and efficiency of law enforcement while considering its broader implications for justice and human rights. Furthermore, this study lays the groundwork for future research, encouraging further empirical exploration of these critical issues. This research examines the impact of technology on the accessibility of justice, highlighting both its potential to democratize legal services and the challenges it poses, such as privacy concerns and security risks. By exploring these dynamics, the study lays the groundwork for future research on the evolving role of technology in law enforcement and legal systems.

The Impact Of Using Technology And Innovation In Law Enforcement In The Era Of Digitalization Prayatno, Cecep; Tohari, Mohamad; Susilowati, Tri
Jurnal Ekonomi Teknologi dan Bisnis (JETBIS) Vol. 3 No. 8 (2024): Jurnal Ekonomi, Teknologi dan Bisnis
Publisher : Al-Makki Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57185/jetbis.v3i8.127

In an era of rapid digitalization, technology and innovation have fundamentally transformed the landscape of law enforcement. This article examines the profound impact of information technology on various aspects of law enforcement in the digital age. It offers a comprehensive review of how technology has reshaped evidence collection, surveillance, rule enforcement, and dispute resolution processes. Additionally, the article discusses the challenges and opportunities the legal system faces in adapting to these technological advancements. Utilizing a literature review methodology, the research analyzes case studies and conceptual frameworks to provide a deeper understanding of how technology enhances the effectiveness and efficiency of law enforcement while considering its broader implications for justice and human rights. Furthermore, this study lays the groundwork for future research, encouraging further empirical exploration of these critical issues. This research examines the impact of technology on the accessibility of justice, highlighting both its potential to democratize legal services and the challenges it poses, such as privacy concerns and security risks. By exploring these dynamics, the study lays the groundwork for future research on the evolving role of technology in law enforcement and legal systems.

Mairil and Nyempet as Child Sexual Violence in Pesantren: Contradictions of Traditional Norms, Religion, and Criminal Law Policy in Indonesia Tohari, Mohamad; Kamalludin, Iqbal; Suseno, Jarot Jati Bagus; Umar, Achmad Jauhari; Pratami, Bunga Desyana
IJCLS (Indonesian Journal of Criminal Law Studies) Vol 9, No 1 (2024): Indonesia J. Crim. L. Studies (May, 2024)
Publisher : Universitas Negeri Semarang (UNNES)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/ijcls.v9i1.50291

Pesantren, Islamic educational institutions in Indonesia, traditionally provide dormitories for santri, students dedicated to religious studies from childhood through adolescence. However, adolescence often coincides with heightened curiosity about sexuality, leading to behaviors like "Mairil" and "Nyempet." Mairil involves affectionate interactions between individuals of the same gender, which can escalate to physical actions known as Nyempet, distinct from sodomy. This socio-legal study employs a qualitative approach focusing on substantive justice in criminal policy. The research underscores that Mairil and Nyempet constitute forms of sexual violence prevalent in pesantren. Despite inconsistencies with religious norms and criminal law, enforcement remains inadequate. It advocates for a comprehensive approach involving pesantren and competent authorities to tackle these issues. Key recommendations include enhancing victim protection, enforcing existing laws rigorously, and raising societal awareness through education on individual rights and humanitarian principles. In conclusion, addressing Mairil and Nyempet requires concerted efforts from all stakeholders to ensure justice, protect victims, and promote a more inclusive understanding within Indonesian society and its educational institutions.

Dynamics and Challenges of Legal Regulation concerning Human Smuggling with Refugee Objects in Indonesia Kukuh Kharisma, Lalu; Susilowati, Tri; Tohari, Mohamad
Journal of Management Economic and Financial Vol. 2 No. 6 (2024): Special Issue
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jmef.v2i6.65

This research discusses the dynamics and challenges in legal regulation related to human smuggling, focusing on refugees in Indonesia. Despite Indonesia being a significant transit country for refugees, the existing legal framework, particularly Law No. 6 of 2011 on Immigration, does not specifically regulate the status and protection of refugees. Consequently, refugees are often viewed as illegal immigrants, leading to human rights violations and legal uncertainty. The first subsection analyzes how dynamic legal regulations interact with the challenges faced in the context of human smuggling. It further explores necessary efforts to create legal certainty, including the need for more specific regulations and transparent procedures. This research is expected to contribute to the development of better policies and practices in dealing with human smuggling cases and protecting the rights of refugees in Indonesia.

Implementation of Loss Assessment Theory in Improving the Effectiveness of the Connexity Justice System Rahmadhani, Savira; Tohari, Mohamad; Amin Zaini, Naya
Journal of Management Economic and Financial Vol. 2 No. 6 (2024): Special Issue
Publisher : Politeknik Siber Cerdika Internasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46799/jmef.v2i6.66

This research discusses the dynamics and challenges in legal regulation related to human trafficking with a focus on refugees in Indonesia. Although Indonesia is a significant transit country for refugees, the existing legal framework, particularly Law No. 6 of 2011 on Immigration, does not specifically regulate the status and protection of refugees. Consequently, refugees are often viewed as illegal immigrants, leading to human rights violations and legal uncertainties. The first subtitle conducts an analysis of how dynamic legal regulations interact with the challenges faced in human trafficking. It further explores the necessary efforts to create legal certainty, including the need for more specific regulations and transparent procedures. This research is expected to contribute to the development of better policies and practices in handling human trafficking cases and protecting the rights of refugees in Indonesia

Affirmation of the rights and obligations of couriers in cash on delivery marketplace transactions Ferynando, Hamka; Suryandari, Wieke Dewi; Tohari, Mohamad
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1027

The Cash on Delivery (COD) payment scheme in Indonesia has become a popular choice in e-commerce, offering convenience and trust to consumers, particularly those without access to digital banking services. However, this scheme presents significant challenges, particularly for couriers who bear the brunt of operational and financial risks. Despite their role as intermediaries, couriers face unfair expectations, including bearing the costs of unpaid goods or managing buyer dissatisfaction over product non-conformity. This research examines the rights and obligations of couriers in COD transactions through a normative legal and case study approach. The findings reveal systemic gaps in legal protections and a lack of clear regulatory frameworks to safeguard couriers' rights, compounded by unfair corporate policies and limited awareness among couriers regarding their legal boundaries. To mitigate these challenges, the study recommends developing comprehensive legal frameworks, promoting good faith among transaction parties, and exploring innovative solutions such as integrating technology to enhance transparency and accountability. This study contributes to the legal and e-commerce fields by proposing actionable solutions to protect couriers while fostering a sustainable COD ecosystem. Future research should focus on comparative studies of international practices, the psychological impact on couriers, and alternative payment systems to address the inherent risks in COD transactions.

Reorientation of regulation to accommodate the status of online driver workers Christiyono, Thomas Carlo; Tohari, Mohamad; Suryandari, Wieke Dewi
Indonesian Journal of Multidisciplinary Science Vol. 4 No. 2 (2024): Indonesian Journal of Multidisciplinary Science
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/ijoms.v4i2.1030

The gig economy, marked by the rise of digital platforms such as ride-hailing services, has transformed labor relationships, challenging traditional employment regulations. This study examines the legal ambiguity surrounding the employment status of online motorcycle taxi drivers in Indonesia, focusing on the elements of work, wages, and command that align with employment relationships yet remain categorized as partnerships. The lack of regulatory clarity undermines drivers’ access to essential rights such as fair wages, social security, and health protections, exacerbating power imbalances and exposing them to exploitation. This research employs a normative legal method to analyze the regulatory gaps in existing labor laws and proposes a reorientation of regulations to better accommodate online drivers’ status and protect their rights. Findings highlight the need for clear legal definitions, limits on freedom of contract, and regulatory frameworks that ensure drivers’ participation in policy-making. By recognizing drivers as workers, this study advocates for a fairer, more sustainable labor framework, enhancing legal certainty and fostering trust in the digital transportation industry. Future research is suggested to explore comparative worker classification models, the economic impact of worker recognition, and the role of technology in mitigating power imbalances between drivers and platforms.

The Role Of The Semarang Police In Overcoming Narcotics Crime Syafutra, Denni; Tohari, Mohamad
Jurnal Indonesia Sosial Sains Vol. 4 No. 06 (2023): Jurnal Indonesia Sosial Sains
Publisher : CV. Publikasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59141/jiss.v4i06.830

Conceptually, crime prevention can be carried out either by using criminal justice (justice) or other means outside of criminal justice (non-judicial). Criminal law policies in dealing with narcotics in Indonesia have been carried out for a long time. Beginning with the enactment of the Drugs Ordinance (Verdoovende Middelen Ordonnantie, Stbl.1927No.278 jo. No.536). The Ordinance was later replaced by Law no. 9 of 1976 concerning Narcotics. Subsequently, the law was changed to Law no. 22 of 1997 concerning Narcotics until the emergence of Law no. 35 of 2009 as the latest update of the law on Narcotics. The main focus of the Semarang Police in tackling narcotics crimes lies in preventive efforts covering all efforts to prevent the abuse of narcotics or similar substances among the general public. Then narrow the space for movement and reduce the influence on other aspects of life.

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