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Disharmonisasi Konsep Hukum Dalam Undang-Undang Administrasi Pemerintahan di Indonesia Mufidah, Nuruz Zakiyatul
Politica: Jurnal Hukum Tata Negara dan Politik Islam Vol 11 No 1 (2024): POLITICA: Jurnal Hukum Tata Negara dan Politik Islam
Publisher : Prodi Tata Negara (Siyasah) IAIN Langsa

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.32505/politica.v11i1.8753

Abstract

Regularity and suitability between legislations and concepts of law are commonly used very important. that's aim to ensure certainty of law. regularity and stability are called harmonization in law. The law Number 30/2014 about administrative Governance is the first law for the management of decision-making and/or actions for government officials and/or government bodies in the Indonesian government. The People's Representative Council takes 10 years to draft a law about governance administration. So, The drafting of this law should have no gaps. the drafting harmonizes with other legislations and commonly used legal concepts in Indonesian law. Therefore, it is necessary to do legal research using a statute approach and a conceptual approach. The aim of this research is so that the research results can be used to revise administrative law in the future. As A result of this research, many concepts in the administration government of law are not harmonized with other legislations and commonly used legal concepts. Firstly, administrative law concepts, secondly Court concepts, thirdly government concepts, fourthly disharmonization concepts of administration decree, and fifthly disharmonization of legal forming princips, sixty disharmonization concession concepts and then the drafting does not harmonize between norm and implementation.
DIGITAL CONTENT CRIMES IN CRIMINAL LIABILITY Hakiki, Azizul; Mufidah, Nuruz Zakiyatul; Kunarso, Kunarso; Setyawati, Natalia
Acitya Wisesa: Journal of Multidisciplinary Research Vol. 3 Issue 3 (2024)
Publisher : jfpublisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56943/jmr.v3i3.651

Abstract

The retransmission or plagiarism of digital content on online platforms infringes intellectual property rights, especially copyright, and violates provisions related to electronic information. These actions include modifying, duplicating, rebroadcasting, or concealing the authenticity of works such as videos, photos, and music, which damages the moral and economic rights of the creator. This research uses a normative method to examine the classification of criminal acts of plagiarism in the Copyright Law and the ITE Law and the criminal sanctions imposed, namely imprisonment or fines in accordance with applicable regulations. The act of duplicating and plagiarizing digital content such as photos, videos, music, and other works with digital tools or through other irresponsible people violates the Copyright Law and ITE Law, so it can be subject to criminal sanctions or fines. This offense is considered to be committed intentionally, detrimental to the creator morally and economically, and will be sanctioned in accordance with applicable legal provisions. The result showed that people or groups who commit digital content crimes, like duplicating or plagiarizing copyrighted works on digital platforms, will face criminal liability under the Copyright Law and Electronic Transaction Information Law. These intentional acts, often done for commercial gain, violate the creator’s moral and economic rights and may result in imprisonment or fines as outlined in the law.
The Translocation of The Indonesian Capital City in Economic Analysis of Law Perspective Mufidah, Nuruz Zakiyatul; Hadi, Fikri
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 27 No 2 (2024): Al-Qanun, Vol. 27, No. 2, Desember 2024
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2024.27.2.157-170

Abstract

In August 2019, the President of Republic of Indonesia gave speech on an idea of the translocation of the Indonesian capital city. The new capital city has also already decided by the President. The decision is made before the legal analysis including the legal basis of the decision to have new capital city. This paper will analyze about the translocation of the Indonesian capital city from the perspective of economic analysis of law. The argument in this paper is written as a socio-legal research. This paper ends up with the conclusion that the concept of the Indonesian capital city is ineffective and inefficient from the perspective of economic analysis of law. There is no legal basis of the translocation of the Indonesia capital city. Besides, the masterplan of the new capital city does not accommodate the central business district for the industrial area, whereas the industrial area, at least state-owned enterprises of Indonesia should be located near the seat of government.  
Redesign of DPD RI’s Authority for Monitoring and Evaluation Raperda dan Perda as Derivative Supervision Mufidah, Nuruz Zakiyatul; Habibi, Miftakhur Rokhman; Sudarsono, Galih Putri; Ngaisah, Siti
Al-Qanun: Jurnal Pemikiran dan Pembaharuan Hukum Islam Vol 28 No 1 (2025): Al-Qanun, Vol. 28, No. 1, Juni 2025
Publisher : Fakultas Syariah dan Hukum UIN Sunan Ampel Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15642/alqanun.2025.28.1.73-85

Abstract

There is a change in the scheme of monitoring draft local regulations (Raperda) and local regulations (Perda) since the amendment of Law No. 17/ 2014 about MPR, DPR, DPD, and DPRD. This amendment was made through Law No. 2 /2018 by adding Article 249 paragraph (1), letter j, by providing new authority for the House of Regional Representatives (DPD RI). The new authority of the DPD RI is to monitor and evaluate the draft local regulations (Raperda) and local regulations (Perda). The problem is that in the Indonesian constitutional system, the supervision of the draft local and local regulations is not the territory of DPD RI. So, it is true that the authority is given but cannot be implemented. The research concluded that derivative supervision can help translate DPD RI’s new authority to oversee regional legal products.