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Decision of the Constitutional Court of the Republic of Indonesia regarding Criminal Procedure Law in Criminal Law Enforcement in the City of Kediri Nurhayati, Siti; Rizal, Moch. Choirul; Dermawan, Rizki
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.9698

Several decisions of the MK formulated new arrangements regarding criminal procedural law in Indonesia. However, the legislature has yet to follow up. Therefore, this study focuses on describing and providing prescriptions regarding MK decisions which were followed up by criminal law enforcement officers in Kediri City along with the embodiment of the principle of legal certainty. Legal research (which is certainly normative) uses statutes, case and conceptual approaches. This research was conducted in the City of Kediri by collecting primary, secondary, and non-legal legal materials using library research, interviews, and focus group discussion techniques. Analysis in research is prescriptive to find the truth of coherence. As a result, first, the decisions of the MK that changed several articles in the criminal procedural law in Indonesia have been followed up by criminal law enforcement officials in the City of Kediri through the centralized policies of each institution. Second, several policies following up on the MK decision have guaranteed the realization of the principle of legal certainty, except for the issuance of a circular letter from the MA which confirms that a request for review is only 1 (one) time. However, these follow-up actions are not actually within the authority of each institution and are still partial in nature, giving rise to relatively one-sided interpretations and disparities in the handling of criminal cases.

Pecalang Regulations Within the Framework of the Village Government System Ramadhan, Diastama Anggita
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.9750

Pecalang, a traditional village in Bali, is a sub-system in the governance of a traditional village in Bali, whose job is to maintain security and order in the territory of the customary village authority. Pecalang existed before the emergence of village regulations in Indonesia. It becomes a problem when the Pecalang sub-system is viewed from the perspective of village regulations. This problem is studied in this research. The research method used is normative juridical using secondary legal data. The results of the study show that Pecalang based on Article 103 Law No.6/2014 concerning Villages which provides an explanation regarding the Authority of Traditional villages, the presence of customary Pecalang domiciled in each customary village in the Province of Bali already has legality. In addition, Pakraman Village itself has awig-awig and pararem which function as customary village regulations which in it provide arrangements for Pecalang custom This has clearly illustrated that the presence of customary Pecalang is in accordance with the corridors of the village government system with all the relevant laws and regulations that govern it.

Presidential Nomination in the Indonesian Legal System Askar, Muhammad Afdhal
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.9798

The background to writing this article was oligarchic practices in the Presidential Election process of the Republic of Indonesia. This writing aims to determine the causes of oligarchic practices and the importance of restructuring the presidential nomination process in the General Election in Indonesia. This research uses normative juridical research by testing positive legal norms with various theories and provisions for drafting laws. From this research, it is known that the practice of orligarchy occurs because the requirement for presidential nominations must be through a political party, while the internal processes of political parties are often not transparent because decisions are often made only by elite groups or the general chairman. This is not in accordance with the spirit of deliberation and popular sovereignty as stated in the 4th Principle of Pancasila and UUD NRI 1945. Therefore, the provisions of Article 222 of Law No.7/2017 which contain provisions for presidential nomination must be made more stringent by including provisions for the nomination process that more transparent through opportunities for access and evaluation of the community as voters.

Analysis of Interfaith Marriage Registration in Indonesia: A Review of Regulations and Judicial Practices Post- Supreme Court Circular Letter Number 2 of 2023 Nurdiani, Sari; Suartini, Suartini
Jurnal Hukum Magnum Opus Vol. 7 No. 1 (2024): Februari 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i1.10051

Interfaith marriage has long been a reality in Indonesia's multicultural society. As experienced by celebrity couple Jamal Mirdad and Lydia Kandou, it has been a subject of debate among both the public and legal experts, illustrating the complexity of marriage laws in Indonesia. SEMA No.2/2023, was issued with the hope of ending the polemic, but it instead sparked controversy as it was considered inconsistent with the law, violating the principles of religious freedom and the constitutional rights of citizens and diversity. This research aims to understand the regulations regarding interfaith marriages in Indonesia and explore the court's practices in handling cases of interfaith marriages before and after the issuance of SEMA No.2/2023. A normative juridical research method is employed in this academic work, using two main approaches: the statute approach to examine relevant legal regulations and the analytical approach focused on data analysis and interpretation. The research findings indicate the need to harmonize and clarify the regulations governing the recording of interfaith marriages in Indonesia to put an end to the polemic. Although SEMA No.2/2023 was issued as a guide for judges in deciding on the recording of interfaith marriages, there are still court decisions approving applications for the recording of interfaith marriages after the issuance of SEMA.

Legal Certainty of Non-Prime Offender Provisions in Justice Collaborator Criteria Hape, Messy Rivelya; Larumpa, Renaldi Markus
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10767

The judge's determination that the defendant was not the main perpetrator in the verdict of premeditated murder case number 798/Pid.B/2022/Pn.Jkt.Sel, involves the role of a justice collaborator, which requires the perpetrator to not be the main offender. Normatively, the absence of a clear definition leads to legal uncertainty. Therefore, establishing the criteria for not being the main perpetrator can be achieved through theoretical interpretation of the participation offenses related to Defendant Eliezer. Analysis of existing types of participation offenses indicates that those involved in the act (medeplegen) are not considered the main perpetrators, whereas individuals who encourage, instigate, and intend for the action to occur are deemed the main perpetrators. Consequently, based on his role, position, and authority in committing the crime, Defendant Eliezer is categorized as not the main perpetrator. The criteria for this determination focus on the individual with the greatest role and responsibility. The purpose of this research is to explore the legal certainty surrounding the determination of the main perpetrator as a criterion for becoming a justice collaborator, which lacks normative clarification. This research employs a normative juridical method with a conceptual approach, along with legislative and case study analysis. The findings indicate that the legal certainty in determining the non-main perpetrator, as a criterion for a collaborating witness in revealing premeditated murder cases involving Defendant Eliezer, lacks dogmatic legal certainty. The Criminal Code does not explicitly define the classification of non-main perpetrators within the doctrine of participation, but Articles 55-56 of the Criminal Code address the punishment for individuals involved in crimes committed collectively.

Examining the Legality of Adultery Restrictions for Laborers: A Study in Employment Law Farid, M. Lutfi Rizal; Ikhsan, Muhammad Khananul; Putra, Calvin Anthony
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10770

The research aims to analyze and propose recommendations concerning regulations prohibiting acts of infidelity committed by workers/laborers from the perspective of labor law. Unlike labor laws and regulations, which do not specifically address the prohibition of acts of infidelity, autonomous rules can address such provisions. This study employs a normative legal research methodology, utilizing both statutory and conceptual approaches. Primary and secondary legal materials serve as the basis for analysis. Findings indicate that provisions prohibiting acts of infidelity for workers/laborers can be integrated into autonomous principles without contravening existing laws and regulations. Furthermore, acts of infidelity may also fall under the purview of urgent offenses or criminal acts. The inclusion of such prohibitions in autonomous rules is not indicative of bad faith on the part of employers seeking to expedite termination of employment relations. Rather, it serves as a preventive measure against violations of laws, regulations, and ethical standards by workers/laborers. Regarding dispute resolution, termination of employment cannot be immediate in cases related to allegations of infidelity. Instead, due process must be followed to ascertain the veracity of such accusations and determine the culpability of the worker/laborer involved.

Legal Ramifications of Employing AI-Generated Logos as Brand Identities: A Juridical Examination Pratama, Muh Ersandi Rizki; Bimantara, Sandy Erdi; Samantha, Giovanni
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10794

The utilization of Artificial Intelligence (AI) technology is experiencing rapid expansion in contemporary times. Within the domain of trademark law, a logo serves as a visual identity utilized to distinguish a product or service from its competitors. The utilization of a logo as a brand identity is afforded specific legal protections pursuant to Indonesian Law No. 20/2016 concerning Trademarks. A pivotal consideration pertains to discerning the rightful owner of the rights to the logo created by AI. Is it the proprietor of the AI software employed in crafting the logo, or is it the proprietor of the company or individual who commissioned the logo? The method employed in this research is a normative juridical approach, which scrutinizes the application of legal principles or norms. The approaches employed in this research encompass conceptual and statutory analyses. The objective of this research pertains to understanding the Legal Implications of Utilizing Artificial Intelligence-Generated Logos as Brand Identities, and serving as a reference material for subsequent legal inquiries, particularly those related to the advancement of artificial intelligence. The majority of regulations concerning copyright and ownership of artistic works still hinge upon Copyright Law No. 28/2014. Despite its enactment, the Copyright Law remains bereft of provisions safeguarding works generated by Artificial Intelligence. In the realm of AI or artificial intelligence, there are instances where AI applications inadvertently generate trademark logos bearing visual resemblance to other trademark logos. Such resemblances have the potential to bewilder consumers and undermine the authenticity of a brand.

Security Guarantee Midwife in Conflict Areas Rochma Putri, Ika Nanda; Afifah, Wiwik
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10818

The background of this research is that health services are a state obligation as mandated by the Constitution of the Republic of Indonesia of 1945. These services must be distributed evenly across all regions of Indonesia, not just focused on the island of Java. Indonesia includes 3T areas (Disadvantaged, Frontier, Outermost) which face numerous issues, one of which is social conflict. These areas are particularly prone to social conflict, which can hinder the delivery of health services provided by the state. As part of the health service assistance, the state deploys health workers according to the Ministry of Health's Nusantara Sehat program, including midwives. In some 3T areas, social conflict poses threats to midwives, sometimes resulting in their injury or death. Therefore, ensuring the safety of midwives is crucial for improving health services throughout Indonesia and protecting the rights of midwives working in these regions. This research aims to explore, understand, and explain the security guarantees for midwives in 3T areas experiencing social conflict. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that current laws and regulations do not clearly define the security guarantees that midwives should receive when working in conflict zones.

Analysis of Decentralization in the Central Government's Acquisition of Provincial Road Management Mitaya, Filicia Vinidya
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10896

Infrastructure is a crucial aspect necessary for a state to perform its various functions. One type of infrastructure that plays a vital role in ensuring the smooth mobility of the general public is roads. Unfortunately, in Indonesia, the quality of road networks cannot be described as ideal. The substandard condition of these roads has drawn public concern, particularly following a social media post by a resident of Lampung Province criticizing the quality of roads there. In response to this public attention, the Central Government decided to assume the duties, authority, and responsibility for repairing 15 (fifteen) roads in Lampung Province. This decision has sparked new concerns among the public regarding the centralization of duties, authority, and responsibilities, which could undermine the spirit of decentralization. Based on the findings presented in this article, it can be asserted that the central government's assumption of the duties, authority, and responsibilities of local governments does not violate prevailing laws and regulations and is in accordance with them. Nevertheless, the phenomenon of the central government taking over these responsibilities warrants attention. This case highlights that the Lampung Provincial Government is not entirely capable of managing the tasks mandated by the Central Government. Therefore, from the findings of this case, it is evident that there is still a significant need for the maturation of Regional Governments in fulfilling the duties, authority, and responsibilities entrusted to them.

Legal Implications for PPAT Employees Serving as Instrumental Witnesses in Title Transfer Agreements Amanda, Rizki; Tjempaka, Tjempaka
Jurnal Hukum Magnum Opus Vol. 7 No. 2 (2024): Agustus 2024
Publisher : Magister Ilmu Hukum Fakultas Hukum Universitas 17 Agustus 1945 Surabaya

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30996/jhmo.v7i2.10909

Employees or instrumental witnesses of PPAT play a crucial role, particularly in service provision. Not only can Land Deed Officials be defendants, but employees or instrumental witnesses may also become defendants if there is a tort claim due to slow services causing harm to their clients. The presence of instrumental witnesses is vital as it can help maintain the safety of the PPAT's position in the event of contested deeds. The purpose of this study is to determine the legal consequences for PPAT employees who act as instrumental witnesses in title transfer agreements. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings of this study indicate that if an issue arises after the service is provided by the Land Deed Official to the client and involves employees or instrumental witnesses, the Land Deed Official must ensure the safety of their employees. PPAT employees who act as witnesses in title transfer agreements bear significant legal responsibilities, particularly if they are involved in unlawful acts. They may face legal liability under Article 1365 of the Indonesian Civil Code, which states that any unlawful act causing damage to another obliges the person who committed the act to compensate for the damage.

Home Page

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Reviewer

Google Scholar

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA

Abstract

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Syofyan Hadi

Contact Email syofyan@untag-sby.ac.id

Phone -

Journal Mail Official jurnalhls@untag-sby.ac.id

Editorial Address Jalan Semolowaru Nomor 45 Surabaya

Location Kota surabaya, Jawa timur INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Syofyan Hadi

Contact Email
syofyan@untag-sby.ac.id

Phone
-

Journal Mail Official
jurnalhls@untag-sby.ac.id

Editorial Address
Jalan Semolowaru Nomor 45 Surabaya

Location
Kota surabaya,

Jawa timur

INDONESIA