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All Journal Jurnal As-Syar’i: Jurnal Bimbingan & Konseling Keluarga Yuriska : Jurnal Ilmiah Hukum
Fitri Jihad Aminah
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Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences

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Kriminalisasi Kemiskinan dalam Perspektif Sosiologi Hukum terhadap Kebijakan Penertiban Masyarakat Marginal Fitri Jihad Aminah; Siti Kuraesin; Agus Nandar Syaripudin; Rizal Mutaqin; Beni Ahmad Saebani
As-Syar i: Jurnal Bimbingan & Konseling Keluarga  Vol. 7 No. 1 (2025): As-Syar’i: Jurnal Bimbingan & Konseling Keluarga
Publisher : Institut Agama Islam Nasional Laa Roiba Bogor

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47467/as.v7i1.6285

Abstract

This study aims to analyze the policy of regulating marginalized poor communities in the context of legal sociology, as well as the impact of the policy of regulating marginalized communities socially and legally. This research uses a normative method with a legal sociology approach to analyze policing policies against marginalized communities as a form of criminalization of poverty. Research focuses on written and unwritten legal norms related to poverty and human rights. The main data source includes statutory regulations, while secondary data consists of literature and expert opinions. Data collection techniques use library research, with qualitative analysis based on legal sociology theory. The results of this research show that marginal poor communities in Indonesia live in limited socio-economic conditions, often face discrimination, and are marginalized by policies that do not support them. Social inequality between rural and urban areas is still significant. Repressive policing policies, such as forced evictions and criminalization of informal activities, worsen their situation. This research emphasizes the need for social justice-based policies that empower marginalized communities, as well as legal reform to create a more inclusive and fair system. The active involvement of marginalized groups in policy making is very important to break the cycle of poverty and improve their welfare
PENYELESAIAN SENGKETA HAK KEKAYAAN INTELEKTUAL DALAM DUNIA MAYA MELALUI BADAN ARBITRASE Anggraeni, Happy Yulia; Fitri Jihad Aminah
Yuriska: Jurnal Ilmiah Hukum Vol. 15 No. 2 (2023): Agustus
Publisher : Law Department, University of Widya Gama Mahakam Samarinda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24903/yrs.v15i2.2204

Abstract

Intellectual property rights must be protected by the state and respected by everyone. Along with the development of technology and information, violations of intellectual property rights often occur in cyberspace. However, the IPR Law still needs to provide complete protection and remedy for IPR crimes in cyberspace. Meanwhile, settlement through arbitration of IPR disputes is handled based on the jurisdiction of the countries of each party. This research is normative, using statutory, conceptual, and case approaches. The sources of this research material are primary and secondary materials. Based on the study results, the settlement of intellectual property rights disputes in the country's common law is different in each country, as the United States filed an arbitration effort if there is a clause in advance. If not, then it can be submitted in writing. Meanwhile, in England, there are no strict rules regarding IPR disputes through arbitration. Australia also has the same rules as the UK. Whereas in Switzerland, the settlement of IPR disputes through arbitration is not subject to any law. The most IPR dispute cases in Indonesia were trademark cases, reaching 267 patients from 2018-2022. The arbitration settlement mechanism is very effective because the settlement is carried out based on an agreement, and the parties choose the compensation, thus prioritizing a win-win solution. IPR dispute resolution can be resolved through litigation and non-litigation. The non-litigation route usually chosen is the arbitration route. Arbitration is a very reasonable effort because the solution is confidential, fast and low cost. It can also be used for parties with different jurisdictions. Particularly for IPR violations in cyberspace, the institution authorized as a settlement other than arbitration is the PPND institution
Co-Authors Agus Nandar Syaripudin Rizal Mutaqin Saebani, Beni Ahmad Siti Kuraesin