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INDONESIA
DE'RECHTSSTAAT
Published by Universitas Djuanda Bogor
ISSN : 24425303     EISSN : 25499874     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
JURNAL HUKUM "DE'RECHTSSTAAT" adalah Jurnal Hukum yang diterbitkan oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Djuanda Bogor. Terbit pertama kali pada bulan Maret tahun 2015, dan terbit secara berkala 2 kali dalam satu tahun yaitu pada bulan Maret dan September, penggunaan nama "DE'RECHTSSTAAT" dalam jurnal ini disesuaikan dengan sistem kenegaraan bangsa Indonesia yang berasaskan sebagai negara hukum. "DE'RECHTSSTAAT" merupakan tinjauan/kajian berbagai aspek ilmu pengetahuan dibidang hukum yaitu berupa hasil karya ilmiah baik secara ius costitutum dan ius costituendum.
Arjuna Subject : -
Articles 271 Documents
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DUPLICATION OF SCIENCE BOOKS BY FOTOCOPY BUSINESS SERVICE PROVIDERS IN LAW NUMBER 28 OF 2014 CONCERNING COPYRIGHT Putri Mardiyah; Irianto, Kartika Dewi; Nazar, Jasman
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.9797

Abstract

Books circulating in the market are relatively expensive and often become a separate obstacle for students to buy the book. Associated with the activity of duplicating books, it is often found among students during college. Students must choose to duplicate the book in the fotocopy business. The research method that the researcher uses is Normative Juridical, therefore it can be concluded 1) The view of Law Number 28 of 2014 Concerning Copyright Against the Duplication of Science Books by Fotocopy Business Service Providers is not included in the violation because it has been explained in article 44 of the Law Copyright The use, retrieval, duplication, modification of a work or related rights product in whole or in substantial part if the source is stated or listed in full for the purpose of duplicating books is permitted for the benefit of science. However, in Article 46 paragraph (1) copying a book by a fotocopying service provider is not considered a copyright infringement if the copying is done only once. 2) Government Efforts in Providing Legal Protection Against Copying Science Books Buying copyrights on the desired books then gives broad access to both educators and students in the digital version for the benefit of the world of education. Updating Law Number 28 of 2014 concerning Copyright in order to provide guarantees to creators and copyright holders to obtain economic rights protection.
IMPLEMENTATION OF PROVIDING LEGAL AID TO CHILDREN AS PERPETRATORS OF THE CRIME OF OBSCENITY Larasati, Shindy Cika; Yustrisia, Lola; Munandar, Syaiful
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.9799

Abstract

Legal aid is a right of the poor that can be obtained without payment (probono public). The provision of legal aid has also been regulated in Article 23 paragraph (1) of Law Number 11 of 2012 concerning the Juvenile Criminal Justice System, which emphasizes that legal aid is an obligation given from the state for children of criminal offenders since being arrested or detained and during the time of examination. The problems that the authors examine in this study are 1). How is the implementation of the provision of legal assistance to children as perpetrators of criminal acts of sexual immorality at Posbakum PN Bukittinggi, 2). What are the Obstacles Faced in the Implementation of Providing Legal Assistance to Children as Perpetrators of the Criminal Act of Obscenity at Posbakum PN Bukittinggi, 3). What Legal Remedies Can Be Taken To Overcome Obstacles That Occur In The Implementation Of Giving Law To Children As Perpetrators Of Criminal Obscene Acts By Posbakum PN Bukittinggi. The research method that the writer uses is empirical legal research. Therefore it can be concluded 1). The implementation of the provision of legal assistance to children as perpetrators of criminal acts of obscenity by the Bukittinggi Legal Aid Institute has been carried out in accordance with procedures and has permanent legal force. 2). The obstacles faced in the implementation of the provision of legal aid by the Bukittinggi Legal Aid Institute were in the form of Legal Aid Funding Arrangements, the lack of witnesses presented, Using a Visum Et Repertum Letter. 3). Efforts to overcome obstacles in the provision of legal aid by the Bukittinggi Legal Aid Institute in the form of the Government need to pay attention to the implementation of legal aid for the poor, There is a need for updating the Law regarding witness statements, because in this case the perpetrators and victims are minors, and the the legal aid provider feels that the Visum Et Repertum must be carried out as soon as possible before the marks disappear.
LEGAL PROTECTION OF COPYRIGHT FOR LITERARY WORKS OF BOOKS FROM ACTS OF ONLINE PIRACY IN PDF VERSIONS VIA THE WHATSAPP APPLICATION Putra, Regina Roidatun Sari; Rahmayani, Nuzul; Nazar, Jasman
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.9812

Abstract

Cases of piracy are currently getting higher and more common, ranging from piracy of music, films, software, data bases, works of literature, books, science, and pictures or photography. The ranking of piracy in Indonesia, especially copyright, is the third largest in the world. Piracy seems to have become a culture and difficult to overcome, especially in Indonesia. If you look at the definition of book piracy that is usually listed in every book, namely efforts to reproduce books by printing, photocopying or other means without obtaining written permission from the publisher of the book concerned, then you will find many parties who consciously or unknowingly can be called pirates. In Article 40 Paragraph (1) Letter (a) of the Law of the Republic of Indonesia Number 28 of 2014 concerning Copyright, a book is one of the creations that is protected by Copyright.The formulation of the problem in this study is How can a Pdf version of a literary work be said to be copyright piracy? And how is the legal protection for creators against piracy of Pdf versions of literary works through the WhatsApp application?. The research method that the writer uses is the normative juridical method, where the writer must collect data from written regulations so that this research is very closely related to the library because it will require secondary data from the library.Based on the results of the research that the authors conducted on this problem, that law enforcement against Copyright infringement is very important, considering that the development of Copyright protection and legal protection of Copyright for creators is still lacking, where there are still many obstacles that arise in law enforcement, even though it has been legal efforts are made by the parties, as well as the application of legal sanctions against copyright infringement.
COMMUNITY PARTICIPATION AND THE DEVELOPMENT PROCESS IN REGIONS IN STATE ADMINISTRATIVE LEGAL PERSPECTIVE Syuhada, Otong
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.9883

Abstract

Improvement of an area can be the main effort to improve people's welfare. In practice, community inclusion is one of the most important factors, and the main thing is arrangements with improvements based on the scale of needs. In Law Number 25 of 2000 concerning the National Development Program (Propenas) it is stated that the regional promotion approach is coordinated to realize broad, genuine and reliable regional independence in the system of community strengthening, self-directed education, political education, legal education, religious education, conventional education, and non-governmental organizations within the Unitary State of the Republic of Indonesia. The concept of a welfare state is briefly characterized as a country whose government is considered to have the vision to guarantee the lowest level of welfare for every citizen. It considers the points for viewing and analyzing the degree of open inclusion in preparation for progress in the regions from the point of view of the State Authority Act. The strategy used in this thinking is sociological juridical with a statutory and contextual approach, while the information used is additional information. From the results of the consideration, several forms of open association were found in handling regional progress, such as through the Recess Program carried out by each part of the DPRD in the form of training in the form of open meetings with the community (constituents) and the Development Planning Deliberation program carried out by the government by involving all components of society from each level and profession.
HARMONIZATION OF INVESTMENT BUSINESS SECTOR REGULATIONS (LAW NO. 11 OF 2020 AND PRESIDENTIAL REGULATION NO. 49 OF 2021) Saleh Seff, Alfarisi Hamdani
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.10815

Abstract

The investment business sector in Indonesia, both local and foreign, is actually regulated in Law no. 11 of 2020 concerning Job Creation which amends some of the contents of Law Number 25 of 2007 concerning Capital Investment and Presidential Regulation Number 49 of 2021. The aim of this research is to find out whether the two regulations are harmonious and which regulations are will be used as a reference if disharmonization occurs. This research uses a type of normative research or what is usually called doctrinal research. The research results show that the two regulations are harmonized and if disharmonization occurs, then Law no. 11 of 2020 which will be used as a reference.
THE ROLE OF THE NOTARY IN SALE AND PURCHASE AGREEMENT FOR MOVABLE PROPERTY (BASED ON DECISION NUMBER 33/PDT.G/2018/PN.BLK) Melnia, Nur Fitri; Susilowati Suparto
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.11251

Abstract

Article 15 paragraph (2) letter e of Notary Regulation states that a Notary has the authority to provide legal advice regarding the formation of a legal document. Sale and purchase agreement with an installment system is an anonymous agreement. The object of journal writing is Decision Number 33/Pdt.G/2018/PN.Blk. This research is descriptive analytical using a normative juridical approach, then the data is analyzed using qualitative juridical data analysis. Based on the research, the first result obtained is the authority of a Notary in legal counseling is only regulated in Article 15 paragraph (2) letter e of Notary Regulation and the installment sale and purchase agreement document is an unnamed agreement because there is no specific regulation in the law and the Civil Code in Indonesia, but this agreement still provides legal certainty. The second result is Decision Number 33/Pdt.G/2018/PN.Blk. The defendant has defaulted and obliged to pay the remaining payment. The Plaintiff must hand over to the Defendant 3 (three) documents of ownership of the vehicle being traded after the Defendant's debt is paid off.
PEACEFUL DIPLOMACY IN THE SOUTH CHINA SEA: SETTLEMENT OF INTERNATIONAL DISPUTES THROUGH ARBITRATION AND NEGOTIATION Perjalanan, Tahta
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.11318

Abstract

The South China Sea dispute is one of the hottest conflicts in regional politics, involving a number of countries in the Asia-Pacific region. The complexity of this dispute is rooted in overlapping territorial claims, competition for rich natural resources, and historical tensions between the countries involved. This study aims to discuss the resolution of international disputes through peaceful diplomacy, with a case study focusing on the South China Sea Dispute. The controversy over territorial and resource claims in the region culminated in an arbitration court, which resulted in a decision in favor of the Philippines. However, the resolution of the dispute did not stop there; this article reviews the development of post-arbitration diplomacy between China and the Philippines, culminating in a joint agreement to develop and manage resources in the South China Sea. The results of the study show that the role of the arbitration court, government response, and negotiation dynamics support peaceful resolution. The conclusion highlights global implications and provides valuable lessons for dealing with international disputes, emphasizing that diplomacy remains a key pillar in building and maintaining relations between countries.
LEGAL RESPONSIBILITY FOR THE USE OF ARTIFICIAL INTELLIGENCE IN MEDICAL PRACTICE Ardiyanti, Novita; Azmi, Rahma Nur Kamilatul; Ramadhan, Noval; Jamaludin, Ahmad
DE'RECHTSSTAAT Vol. 10 No. 1 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i1.11323

Abstract

The use of Artificial Intelligence in the medical world is a form of development and implementation of technology in the medical world. Indonesia is a country of law where everything that happens in Indonesia must be based and rely on the law. This research uses a normative juridical method using a conceptual approach by examining laws, articles, and also secondary and primary data sources related to the title to be analyzed. After reviewing it, the use of AI in the world of medicine really helps make things easier for health and medical workers. Meanwhile, legal responsibility for the use of AI in the world of medicine itself is borne by the creators of artificial intelligence and AI users, or in this case, the medical personnel themselves.
THE DEVELOPMENT AND DYNAMICS OF ISLAMIC JUSTICE IN VARIOUS ISLAMIC COUNTRIES: SAUDI ARABIA, EGYPT, YEMEN, AND SUDAN Nur Rohim, M. Yusuf
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.11536

Abstract

This article discusses the dynamics of Islamic justice in various Islamic countries such as Saudi Arabia, Egypt, Yemen and Sudan. All these countries have the same reference in implementing Islamic law in their judiciary, namely referring to the Al-Quran and Hadith. The research method used in preparing this article is a comparative study by comparing the similarities and differences of several Islamic countries: Saudi, Egypt, Yemen, & Sudan in terms of the implementation of Islamic justice which is researched through reading materials including books, laws and regulations, and various other related sources.
CRIMINAL LIABILITY OF A DOMESTIC ASSISTANT WHO COMMITS THE CRIME OF THEFT IN THE EMPLOYER'S HOUSE BY DUPLICATING THE ROOM KEY Putri, Marsanda; Ramasari, Risti Dwi; Seftiniara, Intan Nurina
DE'RECHTSSTAAT Vol. 10 No. 2 (2024): JURNAL HUKUM DE'RECHTSSTAAT
Publisher : Fakultas Hukum Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jhd.v10i2.12432

Abstract

Theft according to Decision Number: 719/Pid.B/2023/PN. The incident, in which the perpetrator was the victim's domestic assistant (hereinafter abbreviated as ART), began on Friday, June 16, 2023, when the witness Desi Laurina took the witness's child to therapy in Solo for 20 days normative legal norm method of legal research, namely the review of the results of an investigation into the criminal liability of a domestic servant who commits the crime of theft, through a review of various literature, not limited in time and place, as well as a review of various literature in the form of books in the employer's house Duplicating room keys based on Decision No. 719 /Pid.B/2023/PN Tjk. Acts committed by the accused shall be punished with a prison sentence of 2 months and 20 days, as determined by the panel of judges of the Tanjungkarang District Court Class 1 A on September 18, 2023. And the judge's considerations when deciding on this perpetrator of the crime of theft in the employer's house by duplicating the room key on the basis of Decision No. 719/Pid.B/2023/PN Tjk. It is unreasonable and does not comply with the provisions of current laws and regulations, and the author believes that the jury's verdict is too lenient for the perpetrator who committed the crime of theft, causing public unrest and the employer causes harm to the defendant, so that no deterrent effect can be achieved for the perpetrator. Suggestions for law enforcement officers to take appropriate measures regarding the crime of theft and provide strict legal sanctions because the theft committed by the accused is very harmful to other people and disturbs the community. However, the sentence imposed is only two months in prison

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