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INDONESIA
Jurnal Hukum Magnum Opus
Published by Universitas 17 Agustus 1945 Surabaya
ISSN : 26231603     EISSN : 2623274X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Arjuna Subject : -
Articles 145 Documents
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Enhancing Legal Safeguards for Human Trafficking Victims in Indonesia Sari, Pika; Yanuarto, Totok; Prihatmini, Sapti; Amirullah, Arif; Tanuwijaya, Fanny
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.v7i2.10981

Abstract

Human trafficking constitutes one of the most egregious forms of human rights violations, characterized by extensive criminal networks operating at both individual and group levels. This phenomenon is not new, and certain countries, including Indonesia, report high incidences of human trafficking-related crimes. The purpose of this research is to provide an evaluation and understanding of the legal protections available to victims of human trafficking in Indonesia. This study is classified as normative legal research, involving an examination of theories, concepts, legal principles, and relevant statutory provisions pertaining to the topic. Despite significant efforts by the Indonesian government to combat human trafficking, minimum standards for eradication have not been fully met. While there have been notable advancements compared to previous periods, especially in response to the challenges posed by the COVID-19 pandemic, substantial deficiencies remain. Indonesia's upgrade to Tier 2 reflects progress in the investigation, prosecution, and adjudication of human trafficking offenses, including cases of forced labor in palm oil plantations and cyber fraud operations abroad. Additionally, there have been efforts to enhance compensation for victims of human trafficking.
Civil Liability of Airport Managers for Consumer Losses from The Perspective of The Compilation of Sharia Economic Law Rangkuti, Zivana Tiara Amanda; Harahap, Mhd. Yadi
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.v7i2.11323

Abstract

Consumers often require effective and convenient air transportation to carry out their daily activities, both for work and personal purposes. Air transportation offers a fast and efficient solution to reach their destination. This research aims to evaluate the consequences of the negligence of Kualanamu Airport officers and managers and to examine how their responsibilities towards consumers based on the perspective of the Compilation of Sharia Economic Law. The method used is normative juridical legal research, which refers to international law and relevant legislation, and uses the Statute Approach (reviewing all regulations relevant to the legal issues discussed) and Conceptual Approach (based on views and doctrines developed in legal science). The results show that many airport facilities have not met functional standards, which causes negligence of officers to still threaten the safety and comfort of consumers. This negligence includes the operationalization of facilities that are not fit for use. In the context of KHES, responsibility includes providing compensation in accordance with the principles of Islamic law governing loss and compensation. Compensation or 'dhaman' aims to overcome the losses suffered by the injured party, both material and immaterial. This is regulated in Book II of the Compilation of Sharia Economic Law article 20 paragraph 37, which states that 'ta'widh' or compensation is reimbursement for real losses paid by the party who committed an unlawful act.
The Impact of Greenwashing Advertising on Consumer Behavior Dewi, Patricia Citra; Tarina, Dwi Desi Yayi
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.v7i2.11331

Abstract

The economic motive of businesses in manipulating environmental aspects in increasing sales turnover so that consumers feel harmed by the advertising information. Greenwashing has significant negative impacts, both for consumers and companies that are truly committed to sustainability. For consumers, greenwashing can lead to misinformation and inappropriate purchasing decisions. Consumers who feel deceived by false environmental claims may experience disillusionment and lose trust in environmental claims as a whole. This can also be detrimental to companies that truly strive to carry out sustainable business practices, as it is difficult to differentiate themselves from companies that only pretend to care about the environment. This study aims to analyze theimpact of advertising greenwashing on consumer behavior. Methode in this research used yuridis normative with conceptual approach and legislation approach related to consumer protection and mediaenvironmentally friendly campaigns on goods and/or services. The results of this study indicate that rregulations related to consumer protection have not specifically regulated the concept of greenwashing, but have regulated the rights and obligations of business actors related to the act of greenwashing which mis leads to consumer decision making. Acts of greenwashing committed by business actors have violated consumer rights relating to correct and clear information and not misleading about the condition of goods and/or services traded. Business actors must be responsible in terms of withdrawing these advertisements and/or must be prepared to take responsibility for the resulting impact on consumers and/or the environment.
Legal Study on The Criminal Offense of Tax Invoice Forgery That Has Received Tax Amnesty Siregar, Rischad Widianto; Sinaga, Niru Anita; Gaol, Selamat Lumban
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.v7i2.11506

Abstract

This study aims to determine how the legal consequences of criminal acts of falsification of tax invoices that have received tax amnesty. Criminal acts in the field of taxation are violations of the rules of the tax law that cause state financial losses and people who commit criminal acts can be prosecuted criminally. /Falsification of tax invoices is a concern of legal problems among the community that has the potential to harm state revenue. Many people falsify tax invoices but do not understand the impact on the state. By falsifying tax invoices, the taxpayer will reduce their tax payable. This research uses normative legal research methods with a statutory approach, conceptual approach, secondary data type. As a result of this study, researchers found a form of criminal liability for the criminal act of falsifying tax invoices that have obtained tax amnesty in criminal law in Indonesia, in the form of excuse (schulduitsluitingsgrond-faits d'exuce) as a reason for criminal elimination (strafuitsluitingsgronden), so that the perpetrator should be stopped from investigating at the investigation level or if it has entered the trial stage, the Panel of Judges should issue a verdict of release from all legal charges for the actions committed by the defendant (ontslag van recht vervolging), even though the Criminal Act of Falsification of Tax Invoice is proven or the unlawful nature is not lost, but the defendant cannot be held criminally responsible, because there are reasons that excuse according to the law.
Land Rights and Their Environmental Implications for Indigenous Communities in Nusantara Capital City Syafitri, Cut Zulfahnur; Kurdi, Kurdi; Rusli, Budiman; Azhari, Azhari
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.v7i2.11569

Abstract

Article 16A of the IKN Law addresses the extension of land rights periods for business entities. Given the existence of many unrecognized customary law communities in East Kalimantan Province, it is crucial to assess the impact of such extensions on these communities within the IKN (Capital City of Nusantara). This study aims to examine the implications of granting land rights under Law No. 21 of 2023 concerning IKN on the living environment of indigenous peoples in the region. The research employs a normative juridical approach, utilizing both statutory and conceptual frameworks. The findings reveal that Article 16A of the IKN Law, along with its implementing regulations concerning the extension of land rights for business entities, has the potential to adversely affect indigenous communities by exacerbating environmental issues. Specifically, the prolonged extension of land rights diminishes state control over land, accelerates deforestation to the detriment of indigenous communities who rely on forests, increases the risk of water scarcity, and potentially triggers agrarian conflicts and disputes. The study recommends aligning the land rights duration in the IKN Law with that of the Basic Agrarian Law, expediting the local government’s data collection on indigenous communities, involving these communities in decision-making processes, and advocating for the legalization of the Indigenous Peoples Bill.

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