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Akibat Hukum bagi PPAT yang Mengungkapkan Data Pribadi Pihak yang Bertransaksi: Studi Perlindungan Hukum Miranda Damayanti; Ery Agus Priyono
SIGn Jurnal Hukum Vol 4 No 2: Oktober 2022 - Maret 2023
Publisher : CV. Social Politic Genius (SIGn)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.37276/sjh.v4i2.217

Abstract

This study will examine and analyze the legal consequences for LDMO disclosing the personal data of transacting parties. In addition, this study also aims to determine the legal protection for parties who suffer losses due to violations committed by the LDMO. This study uses a normative juridical method. The collection of primary, secondary, and tertiary legal materials is carried out using literature study techniques. The collected legal material is then analyzed using qualitative data analysis methods with a statute approach. The results show that LDMO will get a sanction of dishonorable dismissal, payment of compensation, imprisonment for a maximum of four years, and or a fine for a maximum of four billion rupiahs. In this case, if the LDMO is legally and convincingly proven to have violated the oath of office and caused loss to several parties by disclosure of personal data. At the same time, forming the LDMO Guiders and Supervisors Council is a form of legal protection for all parties who commit legal acts before LDMO. In this case, any party that suffers a loss can complain about the alleged violation committed by LDMO to the Guiders and Supervisors Council. In addition, any party that suffers a loss also gets compensation from LDMO as regulated in laws and regulations. Therefore, it is recommended that LDMO uphold the oath of office as a moral code regulated in the Code of Ethics and Head of the NLA Regulation. In this case, to maintain their profession’s dignity and public trust in their noble role (officium nobile).
Studying the Issue of Child Labor in the Oil Palm Plantation Sector Alamanda, Asri Elies; Mangar, Irma; Damayanti, Miranda
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.426

Abstract

A significant issue that many nations, including Indonesia, face is child labour, particularly in the oil palm plantation industry. A number of laws and policies, such as Law No. 13 of 2003 on Manpower, which specifically forbids the employment of child labour, and Law No. 23 of 2002 on Child Protection, have been put into place to safeguard children from exploitation. Furthermore, Indonesia is more committed to ending child labour and dangerous work because it has ratified international treaties including ILO treaties No. 138 and No. 182. Children's safety and sustainable community development are the two main goals of this research. This study's normative research approach focusses on examining laws and policies pertaining to child labour in Indonesia's oil palm plantation industry. Additionally, more and more palm oil companies are implementing sustainability strategies that address kid protection. Government and non-governmental organisation (NGO) programs emphasise access to education and public awareness of the risks associated with child labour. Violations of this rule can result in fines, business licence revocation, and criminal penalties.
Legal Protection of Copyright Holders in Remix and Mashup Work Commercialized on Social Media Damayanti, Miranda; Alamanda, Asri Elies; Mangar, Irma
Journal of Development Research Vol. 9 No. 1 (2025): Volume 9, Number 1, May 2025
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v9i1.438

Abstract

The development of digital technology and social media has allowed the creation of remixes and mashups that are increasingly popular, but often have the potential to infringe copyright. Many remixes and mashups are commercialized without permission from the original copyright holders, causing problems in the protection of rights to the work. This research is important to provide a deeper understanding of the challenges and solutions of copyright protection in cyberspace, especially related to works that are traded on social media platforms. Remixes of songs carried out by content creators by changing the tempo of the song and the tone of the singer's voice are done without the permission of the creator and/or copyright holders. The purpose of this study is to analyze the form of copyright infringement that occurs in remix and mashup works that are commercialized on social media. The method used is a qualitative approach with case studies, collecting data through literature studies and juridical analysis of the laws and regulations that regulate copyright in Indonesia and related international regulations. The research also involved interviews with legal experts and social media practitioners to gain practical perspectives on the implementation of copyright protection. It is hoped that the results of this research can contribute to optimizing legal protection for copyright holders of remix and mashup works commercialized on social media.
Problems of Abortion Implementation in the Perspective of Indonesian and Thai Criminal Acts Damayanti, Miranda; Fajriyah, Nurul
LEGAL BRIEF Vol. 13 No. 5 (2024): December: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

Abortion is a complex and controversial issue involving legal, moral, and ethical aspects. This study aims to analyze the problems of implementing abortion from a criminal perspective in Indonesia and Thailand, as well as a review of Islamic law. The method used in this study is the normative legal research method. This study is theoretical and tends to use secondary data as the main source, such as laws and regulations, court decisions, legal journals, books, and related documents. The purpose of this study is to Analyze the Legal Regulations on Abortion from Indonesian Law and Law in Thailand, and to identify the Problems of Its Implementation. In the Indonesian context, abortion is regulated in Law No. 1 of 2023 and Law No. 36 of 2009 concerning Health, which permit abortion under certain conditions, such as medical emergencies and pregnancy due to rape, with strict time limits. Meanwhile, in Thailand, recent legal reforms allow abortion up to 12 weeks without conditions, reflecting a more liberal approach compared to Indonesia. From a Positive legal perspective, abortion is generally considered haram, but there are exceptions in emergency or hajat situations. This study found that there is a discrepancy between the positive laws in both countries regarding the time limits and conditions that allow abortion. This analysis is expected to provide a better understanding of the legal and ethical challenges in the practice of abortion, and encourage dialogue between positive law and religious values ??to achieve more just and sustainable solutions.
The Regional Supervisory Assembly’s Role in the Submission Delaying of the Notary Protocol by Heirs to Notary Recipient Protocol Indarta, Didiek Wahju; Damayanti, Miranda
JURNAL AKTA Vol 11, No 3 (2024): September 2024
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v11i3.39464

Abstract

This study aims to analyze the role of the Regional Supervisory Council (MPD) in overseeing the submission of the notary protocol by the heirs to the protocol recipient notary, as well as the impact of the delay in submission. The research method applied in the preparation of this research is normative legal research. Normative legal research is a method that focuses on the study of positive law, namely the law that applies at a certain time and place. Notarial protocols are important documents that function as state archives and legal evidence. In this context, MPD has the responsibility to ensure that heirs fulfill their legal obligations in submitting notarial protocols on time. This research identifies various factors that cause delays in submission, including heirs' lack of awareness and knowledge, complicated administrative processes, as well as indifference to legal obligations. In addition, the research also revealed the negative impact of the absence of effective sanctions against late submission of protocols, which can result in legal uncertainty, losses for related parties, and a decrease in the integrity of the legal system. The results show that to improve the effectiveness of MPD supervision, socialization efforts, strengthening regulations, and enforcement of clear sanctions are needed. Thus, this study provides recommendations to improve the notary protocol submission mechanism and increase heirs' compliance with their legal obligations.
Tinjauan Yuridis Terhadap Praktik Love Scamminng Sebagai Bentuk Penipuan di Datting Apps Damayanti, Miranda; Alamanda, Asri Elies; Elisa, Popy Nur
Jurnal Hukum Sasana Vol. 12 No. 1 (2026): Jurnal Hukum Sasana: June 2026
Publisher : Faculty of Law, Universitas Bhayangkara Jakarta Raya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31599/sasana.v12i1.4700

Abstract

Abstrak: Perkembangan teknologi digital membawa dampak signifikan terhadap pola interaksi sosial masyarakat, salah satunya melalui penggunaan aplikasi kencan daring. Namun, kemajuan ini tidak lepas dari potensi penyalahgunaan, seperti praktik love scamming, yaitu tindakan manipulasi emosional yang dilakukan dengan memberikan perhatian dan kasih sayang berlebihan untuk mendapatkan kepercayaan korban, yang pada akhirnya bermuara pada tindak penipuan. Penelitian ini bertujuan untuk menganalisis bagaimana praktik love scamming dapat dikualifikasikan sebagai bentuk penipuan dalam perspektif hukum positif di Indonesia, pertanggungjawaban pidana bagi pelaku, serta bentuk perlindungan hukum yang dapat diberikan kepada korban. Metode penelitian yang digunakan adalah yuridis normatif dengan pendekatan perundang-undangan dan konseptual. Hasil penelitian menunjukkan bahwa love scamming dalam aplikasi kencan daring memenuhi unsur-unsur tindak pidana penipuan sebagaimana diatur dalam Kitab Undang-Undang Hukum Pidana (KUHP) maupun Undang-Undang Informasi dan Transaksi Elektronik (UU ITE). Pelaku dapat dimintai pertanggungjawaban pidana sesuai ketentuan peraturan perundang-undangan, sementara korban berhak memperoleh perlindungan hukum berupa pemulihan kerugian materiil maupun non-materiil. Dengan demikian, diperlukan penguatan regulasi serta literasi digital masyarakat agar dapat meminimalisir risiko penipuan dengan modus love scamming di ruang digital.
Legal Implications of Internet Service Disruptions on Late Payment Penalties in Digital Consumer Transactions Labibah, Hanin Alya; Damayanti, Miranda; Lestari, Arum Ayu; Setiawan, Galih Nicky Roby; Ningsih, Yuli Pertiwi
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.513

Abstract

The development of digital technology has made internet services the primary means of conducting transactions; however, internet service disruptions often cause legal problems, especially related to late payments and the determination of the parties' responsibilities. This study aims to analyze the legal implications and forms of consumer protection for losses arising from internet service disruptions in digital transactions. The research method in this study is normative legal research with a legislative and conceptual approach. The results of the study show that late payments due to internet service disruptions can be categorized as force majeure as long as they meet elements beyond their control and cannot be predicted. In these conditions, consumers cannot be burdened with responsibility in the form of late fines or compensation due to the non-fulfillment of the elements of fault in default. In addition, the rigid application of the fine clause without considering the factual conditions is contrary to the principle of good faith and the principle of fairness in the agreement. In conclusion, internet service disruption in digital transactions has significant legal implications, especially in determining whether there is a default and the responsibility of the parties. If the disruption is proven to be force majeure, then the consumer cannot be burdened with the obligation of compensation or late fines due to the non-fulfillment of the elements of fault in default. It is necessary to strengthen force majeure through the restriction of standard clauses that are detrimental to consumers in digital transactions.
Legal Position of Land Certificate Custody by Notaries in Sale and Purchase Binding Agreements Damayanti, Miranda; Labibah, Hanin Alya; Putri, Alfina Setyawan
Journal of Development Research Vol. 10 No. 1 (2026): Volume 10, Number 1, May 2026
Publisher : Lembaga Penelitian dan Pengabdian Masyarakat Universitas Nahdlatul Ulama Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.28926/jdr.v10i1.515

Abstract

In the practice of sale and purchase binding agreements (PPJB), the custody of land certificates by notaries is frequently carried out as a form of assurance for the parties before the completion of the sale and purchase process. However, this practice raises legal concerns regarding whether notaries act within their authority as public officials or as parties involved in civil law relationships through custody agreements. Since no specific regulation governs certificate custody by notaries, this issue requires further legal analysis. This study aims to examine the legal position of certificate custody by notaries in PPJB and analyze their responsibility for entrusted certificates. This research employs normative legal research using statutory and conceptual approaches. The legal materials consist of relevant laws and regulations, legal doctrines, and literature. The findings indicate that certificate custody by notaries in PPJB is generally considered a civil law act based on an agreement between the parties rather than an official obligation regulated under notarial law. Therefore, civil law provisions concerning custody (bewaargeving) apply to notaries' responsibilities for entrusted certificates. Notaries may be held liable for losses caused by negligence in managing the entrusted documents. This study concludes that notaries act as legal subjects in civil relationships during certificate custody practices. Clearer regulations are needed to ensure legal certainty and protection for all parties.