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<![CDATA[Kajian Yuridis Legalisasi Aborsi Bagi Korban Tindak Pidana Pemerkosaan dalam Perspektif Hukum Positif ]]>
<![CDATA[Evi Yanti]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art6
<![CDATA[Conflicts regarding the legalization of abortion occur because of the gap between one legislation and another. The problems in this study are: first, how to legalize abortion for victims of rape in the perspective of positive law; Second, as well as the legal protection for doctors and patients who perform such abortions. Women who get pregnant for becoming rape victims choose abortion as a way to end their pregnancy are deemed as perpetrators of the crime of abortion In the criminal law literature The research method used is a normative juridical method with an approach to legislation and comparative studies. The results of this study are first, abortion is a prohibited act, but if it is in an emergency situation and the victim is raped, abortion can be undertaken; second, legal protection for victims includes; a. The provision of medical and psychosocial assistance services to rape victims who have abortions in accordance with applicable laws and regulations as described in Article 6 of Law no. 13 of 2006 on the Protection of Witnesses and Victims; b. The compensation provided by the perpetrator is in accordance with the provisions of Article 7 paragraph (1) letter b of Law No. 13 of 2006 on the Protection of Witnesses and Victims; c. Restitution, compensation given by the state because the perpetrator is unable. it is possible as an effort to provide services to victims of crime in the context of developing welfare and justice in accordance with the provisions of Article 7 paragraph (2) of Law No.r 13 of 2006 on the Protection of Witnesses and Victims]]>
<![CDATA[Peran Vicarious Liability Dalam Pertanggungjawaban Korporasi (Studi Terhadap Kejahatan Korupsi Yang Dilakukan Oleh Kader Partai Politik) ]]>
<![CDATA[Muhammad Isra Mahmud]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art1
<![CDATA[This study aims to identify and analyze: first, the position of political parties as private law subjects; second, the role of vicarious liability in the effort to convict legal entities of political parties. The research method used is normative juridical with a statutory approach. This study concludes that first, political parties as legal entities which are also legal subjects can be held accountable for acts of human rights violations, based on the theories and formulations of the laws and regulations that have been regulated in the Republic of Indonesia. Second, vicarious liability plays a role in efforts to punish legal entities such as political parties in the form of fines or additional penalties, which in practice experience difficulties or weaknesses.]]>
<![CDATA[Urgensi Pembentukan Undang-Undang Digital Banking Bagi Perbankan Syariah Di Indonesia ]]>
<![CDATA[Muhammad Urfi Amrillah]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art12
<![CDATA[This study aims to determine the legal regulation of digital banking in Indonesia and the urgency of digital banking regulation for Islamic banking in Indonesia. This is a normative juridical research that uses a statutory approach. The results conclude that digital banking provisions are regulated in OJK Regulation No.12/POJK.03/2018 on the Implementation of Digital Banking Services by Commercial Banks in lieu of Law Number 7 of 1992 jo. Law Number 10 of 1998 on Banking does not regulate digital banking provisions. The urgency of digital banking regulations for Islamic banking in Indonesia can be viewed from several aspects, namely: first, the philosophical aspect, which are the special regulations related to digital banking for Islamic banking in Indonesia, that is mandated in Article 33 paragraphs (1) and (4) of the 1945 Constitution. Second, the sociological aspect, which is the case of a digital account burglary experienced by one of the customers as a result of the absence of strong regulations such as laws governing digital banking, especially for Islamic banking in Indonesia. Third, the juridical aspect, which is that digital banking is legally regulated in the OJK Regulation so that it has not been able to overcome the problems that occur, especially in the implementation of digital banking for Islamic banking, given the weakness of the binding power of the regulation]]>
<![CDATA[Kebijakan Hukum Pidana Dalam Perlindungan Pekerja Rumah Tangga Korban Kekerasan ]]>
<![CDATA[Siti Rahmawati]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art7
<![CDATA[In the employment sector, Domestic Workers (PRT, housemaids) are not categorized as formal occuparion. Therefore, domestic workers are included in the informal sector. These domestic workers in the informal sector are vulnerable to various acts of violence, hence are in dire need of extra protection from the state. This normative legal research concludes that the legal policies provided by the government in protecting domestic workers are in the form of providing restitution and compensation, counseling, medical services/assistance, legal assistance, and providing information. The policy is contained in Law Np. 23 of 2004 on the Elimination of Domestic Violence and Law No. 31 of 2014 on the Amendments to Law No. 13 of 2006 on the Protection of Witnesses and Victims. In addition, the role of government officials is very important for the implementation of legal protection for domestic workers. The role of the apparatus in providing protection to domestic workers victims of violence is regulated in the Law of the Republic of Indonesia No. 23 of 2004 concerning the Elimination of Domestic Violence]]>
<![CDATA[Perlindungan Hukum Terhadap Kejahatan Cybersquatting Di Indonesia ]]>
<![CDATA[Reva Amalia]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art2
<![CDATA[This study aims to determine the definition of cybersquatting and its legal protection in Indonesia. This is a normative research that uses conceptual and statutory approaches. The results of this study conclude that essentially the definition of cybersquatting has not been explicitly defined nor regulated in the laws and regulations in Indonesia. However, cybersquatting can be understood as the act of registering a domain name associated with someone else's company name and then trying to make a profit by selling it to that company. Legal protection against cybersquating is regulated in several laws and regulations, such as Article 23 and Article 38 of Law No. 11 of 2008 on Information and Electronic Transactions, as well as Article 83, Article 100, Article 101, Article 102 of Law No. 20 of 2016 concerning Brands and Geographical Indications. In addition, legal protection for brands’ domain names in regards to cybersquatting can be seen from the government's attempt by delegating responsibility to Indonesian Domain Name Manager (PANDI)]]>
<![CDATA[Analisis Politik Hukum Undang-Undang Nomor 23 Tahun 2019 tentang Pengelolaan Sumber Daya Nasional Untuk Pertahanan Negara ]]>
<![CDATA[Dede Anggara Saputra]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art13
<![CDATA[This study aims to analyze the legal politics of Law Number 23 of 2019 on Management of National Resources for National Defense. The legal issues presented in this study are the political direction of Law Number 23 of 2019 on the Management of National Resources for National Defense and its implications for the people. This is a normative legal research, which the results conclude that the birth of the a quo Law is motivated by a situation to strengthen the national defense in the face of threats through the universal people's defense system. The legal political direction of the a quo Law is to realize the upholding of state sovereignty, maintaining territorial integrity, and the safety of the entire nation from all forms of threats. In addition, a number of principles listed as the basis in the a quo Law are quite manifest in several articles. However, these principles are then reduced by the tendency of the material content of the a quo Law which has the nuances of violating human rights, overcriminalization, being less accommodating to current threat conditions, as well as creating the potential for misuse in its funding.]]>
<![CDATA[Penegakan Hukum Terhadap Pertambangan Emas Tanpa Izin oleh Kepolisian Sektor Kecamatan Singingi ]]>
<![CDATA[Hana Aulia Putri]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art8
<![CDATA[Unlicensde gold mining still occurs very often in Singingi District, leading to negative impacts on the environment. This research was conducted to determine the law enforcement against unlicensed gold mining (PETI) by the Singingi District Police and the obstacles. This is an empirical juridical or sociological legal research carried out by identifying the law and how the effectiveness of the law applies. The results conclude that the efforts made in the context of law enforcement of the PETI crime are preventive and repressive efforts. However, these law enforcement efforts have obstacles that cause ineffective PETI law enforcement by the Singingi District Police, namely the lack of supporting facilities and infrastructure, lack of coordination, both between the government and the community, and the lack of enforcement of existing indigenous law]]>
<![CDATA[Menggagas Konsep Dekriminalisasi Pencemaran Nama Baik Sebagai Pelanggaran Hukum Perdata Murni ]]>
<![CDATA[Sheila Maulida Fitri]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art3
<![CDATA[Law always comes late as opposed to the social deveopment, existing laws are sometimes no longer able to provide solutions to social problems that occur. It is the same with defamation offenses that are blooming in Indonesia. Settlement of cases through criminal law is considered ineffective to resolve the existing problems. This study aims to identify the problem of law enforcement on defamation offenses in Indonesia and providing the right arguments on the urgency of decriminalizing defamation offenses and altering them onto violations of civil law instead. The research method used is a normative juridical with statutory,analytical approach and comparative approaches. The results of the study conclude that law enforcement on defamation offenses using criminal law efforts is considered ineffective because of problems in the material and formal legal aspects of the related article. The imposition of sanctions in the form of corporal punishment actually creates a new social problem and often does not fulfill the sense of justice for both the perpetrator and the victim, especially if the perpetrator's actions cause material losses. Hence the settlement through civil law is considered very appropriate considering that the majority of defamation occurs between individuals. This is also in order to re-establish the existence of criminal law as the ultimum remedium]]>
<![CDATA[Menakar Arah Demokrasi Konstalasi Partai Politik Dalam Proses Pemilihan Umum Pasca Reformasi ]]>
<![CDATA[Fakhrurrozi Arrusadi]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art14
<![CDATA[The purpose of this study is to identify and further examine whether the role of political parties has reached the direction of democratic political consolidation after the 1998-2019 Reformation. The research method used is normative method by utilizing secondary data sources obtained through literature, books, legal materials, etc. The results of the study conclude that the role of political parties is still lacking in carrying out their functions as participatory political communities in democracy. The orientation of political parties is only used as a means to obtain the legality of power in the political struggle of general election democracy, including the role of political parties that tend to be oligarchic, political parties sometimes act loudly for and on behalf of the people's interests, but in fact they fight for the interests of their administrators. themselves, namely the elite and party rulers]]>
<![CDATA[Tinjauan Yuridis Penggunaan Klausul Proteksi Diri Terhadap Akta Pernyataan Keputusan Rapat Perseroan Terbatas ]]>
<![CDATA[Muhammad Ulinnuha]]>
<![CDATA[ Lex Renaissance Vol 5 No 4 (2020): OKTOBER 2020 ]]>
Publisher : <![CDATA[Universitas Islam Indonesia ]]>
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DOI: 10.20885/JLR.vol5.iss4.art9
<![CDATA[The purpose of this study is to determine the actions that should be taken by a Notary in making a Resolution Deed of a Limited Liability Company and the use of a self-protection clause in making the Resolution Deed of a Limited Liability Company which may serve as a protective shield for a Notary. This study uses a normative juridical research method. The results conclude that in making the Resolution Deed of the General Meeting of Shareholders, the Notary must be able to thoroughly, carefully and properly carry out his duties and positions; practicing the principle of prudence, as the Resolution Deed of the General Meeting of Shareholders is an akten partij, which means the Notary needs only to record what the parties desire in the Deed without changing, subtracting and adding the contents of the Deed. The existence of a self-protection clause in a Resolution Deed of the General Meeting of Shareholders cannot automatically become a protector for the Notary when a problem occurs in the future, as regulated in Article 65 of Law No. 30 of 2004 on Notary Positions (UUJN) and its amendments. that the Notary must be responsible for every deed they make]]>
