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All Journal Return : Study of Management, Economic and Bussines Jaksa: Jurnal Kajian Ilmu Hukum Dan Politik
Tri Susilowati
Universitas Darul Ulum Islamic Centre Sudirman
Humanities Economics, Econometrics & Finance Law, Crime, Criminology & Criminal Justice Social Sciences

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Analisis Yuridis Kebolehan Menteri Untuk Tidak Mengundurkan Diri Ketika Mengikuti Pemilu Dan Pilkada Alexander Salim; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1483

Abstract

Minister is one of the strategic positions in the government and state governance system in Indonesia. So the Constitutional Court Decision Number 85/PUU-XX/2022 which gives space to the Minister not to resign even though he is participating in the General Election or Regional Head Election, is a wrong decision which has been widely criticized by the public. Based on this, this research was carried out in order to analyze the extent of the role of the Constitutional Court in pursuing policy concepts in deciding cases regarding judicial review of the Constitution. This research uses normative legal research, with a conceptual approach, and analyzed using qualitative methods. The results of this research are that the Minister's failure to resign will greatly affect the implementation of state affairs and will cause the people to delegitimize the government which threatens the stability of the state.
Surat Keputusan Bersama (SKB) Sebagai Langkah Penguatan Netralitas ASN Menuju Pemilu 2024 Alikhan Salim; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1485

Abstract

In 2022, the government through the minister of state apparatus empowerment and bureaucratic reform, the minister of home affairs, the head of the state civil service agency, the chairman of the civil servant commission, and the chairman of the general election supervisory board signed a joint decree (SKB) concerning for the neutrality of civil servants in facing the 2024 elections. Reported by KASN, since December 2019, ASN violated was 528. In June 2020 the violations reached 369, exceeding half of the number in 2019. This research uses qualitative methods where the collection sourced from reviews of journals, books and others. Data analysis is carried out by trianggulation of content in order to produce objective and valid results. The results and analysis of the research are that there are four important factors in the implementation of the joint decree (SKB). First, communication is carried out creatively and innovatively. Second, resources are carried out by fulfilling qualifications and competencies for fosters and supervisors. Third, disposition is carried out by evaluating the effectiveness of sanctions that used. The four bureaucratic structures are made not only in the form of joint decisions, but continued by a work unit in the implementation of the policy.
Implementasi Legitimasi Demokrasi Dalam Hukum Pemilihan Umum (Pemilu) Hendro Hendro; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1487

Abstract

The concept of a democratic state is implemented in general elections. General elections are a form of people's political participation in a democratic country. The implementation of direct, general, free, secret, honest and fair elections will be a reflection of the quality of democracy. This research aims to analyze the implementation of democratic legitimacy in general election law. This research was conducted using a qualitative descriptive design. An essential factor in maintaining democratic elections is through monitoring and enforcing election law. In such a context, attention needs to be paid to resolving violations appropriately and quickly. The quality of elections is also determined by the widest possible participation of the people in the process of organizing and supervising elections. Law enforcement is an effort to make the ideas of justice, legal certainty and social benefits a reality. Law enforcement is carried out through the process of real functioning of legal norms as guidelines for actors in traffic or legal relations in social and state life.
Problematika Penundaan Pemilihan Umum 2024 Ikbal Tawakal; Tri Susilowati
Jaksa : Jurnal Kajian Ilmu Hukum dan Politik Vol 2 No 1 (2024): Januari : Jurnal Kajian Ilmu Hukum dan Politik
Publisher : Universitas Sains dan Teknologi Komputer

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51903/jaksa.v2i1.1488

Abstract

In this democratic country, elections are the main aspect to be held continuously. Through this election process, we as citizens can participate directly in the process of sovereignty. The postponement of the election has hampered the participation of the people in carrying out the sovereignty process. The purpose of this study is to find out how the impact caused by the postponement of elections and the extension of the term of office of the president and vice president for the State. This research is normative law research, which is a legal research that examines laws that are conceptualized as norms or rules that apply in society, and become a reference for everyone's behavior. The results of this study clearly state that elections are held every five years and the positions of the president and vice president are only a maximum of two terms of office which are clearly stated in the 1945 Constitution. The impact of postponing elections is unconstitutional which is a form of betrayal of the constitution and abolishes the spirit of reform as outlined in the amendments to the 1945 Constitution.
Legal Aspects in Developing Security Systems to Counter Fraud and Manipulation Threats in Online Gambling Tulkah Husen; Wieke Dewi Suryandari; Tri Susilowati
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.264

Abstract

Online gambling emerges as an endeavor characterized by pecuniary stakes, wherein the operational mechanics and wagering parameters are established by entities overseeing online gambling activities. Facilitated by electronic media and internet connectivity, this milieu offers a platform for the engagement of such pursuits. Supplementing the legal underpinning provided by the Indonesian Criminal Code, Law Number 7 of 1974 concerning the Regulation of Gambling furnishes supplementary provisions governing the conduct of gambling activities. The aim of this reseach is to address the legal aspects in the development of security systems to combat fraud and manipulation threats in online gambling. The process of criminalization ensues with the promulgation of statutes designating certain behaviors, akin to or resembling individual conduct, as proscribed actions subject to punitive reprisals. The research method using normative method legal research. This legislative trajectory culminates in the promulgation of laws prescribing penal sanctions for transgressions. Furthermore, the realm of gambling is subject to regulatory oversight within the purview of Law Number 11 of 2008 about Information and Electronic Transactions (ITE Law). Article 27 paragraph (2) of the aforementioned legislation proffers legal recourse against individuals who, with intent and sans entitlement, disseminate, transmit, or render accessible electronic informational and documentary material imbued with gambling content. Concomitantly, the legal strictures delineated in Article 303 of the Indonesian Criminal Code (KUHP) proscribe gambling activities, imposing penal sanctions that may encompass custodial sentences not exceeding ten
Copyright Violation in Works of Art Using the Form of Non-Fungible Tokens (NFT) in the Era of Digitalization Dimas Yoga; Tri Susilowati; Mohamad Tohari
Return : Study of Management, Economic and Bussines Vol. 3 No. 8 (2024): Return : Study of Management, Economic And Bussines
Publisher : PT. Publikasiku Academic Solution

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.57096/return.v3i8.266

Abstract

Intellectual Property Rights (IPR) are exclusive rights granted by the state to individuals or groups to safeguard their intellectual works. Such works may include inventions, works of art, writings, designs, and trademarks, among others. In Indonesia, IPR is regulated by several laws, including the Patents Law (Law Number 13 of 2016), Copyright Law (Law Number 28 of 2014), and Marks and Geographical Indications Law (Law Number 20 of 2016), among others. These rights encompass copyrights, patents, trademarks, industrial designs, trade secrets, and other related rights. The purpose of IPR protection is to encourage innovation and creativity by providing legal protection for the fruits of intellectual labor, thereby enabling individuals and organizations to reap the benefits of their efforts. Businesses and individuals must understand IPR laws and regulations, as they affect the ownership, licensing, and transfer of intellectual property assets. Violation of two-dimensional works of art and NFTs is a form of crime in digital economic activities, in this case, the government must intervene to overcome this crime. The issue at hand is a direct result of insufficient legal regulations governing the digital realm. Cybercrime, which encompasses a multitude of illicit or perilous activities that take place in the virtual world or through the utilization of computer and internet technology, encompasses copyright infringement. This form of wrongdoing entails the contravention of intellectual property rights, such as the unlawful distribution of music or films, software piracy, or the unauthorized use of trademarks. Legal protection pertains to regulations that are concerned with digital works of art.
Co-Authors Alexander Salim Alikhan Salim Dimas Yoga Hendro Hendro Ikbal Tawakal Mohamad Tohari Tulkah Husen Wieke Dewi Suryandari