Jurnal Ilmu Hukum The Juris
JURNAL ILMU HUKUM "THE JURIS" adalah Jurnal ilmiah yang diterbitkan secara berkala oleh SEKOLAH TINGGI ILMU HUKUM AWANG LONG, SAMARINDA. Pemilihan dan penggunaan kata THE JURIS dimaksudkan untuk menunjukkan pemetaan lingkup ide dan gagasan dari para praktisi, akademisi, dan ilmuan hukum yang difokuskan pada berbagai isu strategis mengenai hukum baik di tingkat nasional maupun internasional.
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<![CDATA[PUTUSAN BEBAS (VRIJSPRAAK) DALAM PERKARA PIDANA DAN UPAYA HUKUMNYA ]]>
<![CDATA[Bakti, Yohanis Sudiman]]>
<![CDATA[ The Juris Vol. 8 No. 2 (2024): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v8i2.1508
<![CDATA[Putusan Bebas (Vrijspraak) Dalam Perkara Pidana dan Upaya Hukumnya, ditulis oleh Yohanis Sudiman Bakti. Selanjutnya permasalahan adalah bagaimana konsekuensi yuridis terhadap upaya hukum kasasi terhadap putusan bebas. Pada pembahasan dapat diuraikan bahwa dikonsekuensi yuridis terhadap upaya hukum kasasi terhadap putusan bebas terdakwa harus segera dikeluarkan dari dalam tahanan meskipun jaksa penuntut umum masih menggunakan upaya hukum kasasi ke Mahkamah Agung dan barang bukti yang disita dan dijadikan sebagai barang bukti selama persidangan segera dikembalikan kepada pemiliknya. Kata kunci : Putusan Bebas, Upaya Hukum. Free Verdict (Vrijspraak) in Criminal Cases and Legal Remedies, written by Yohanis Sudiman Bakti. Furthermore, the problem is what are the juridical consequences for cassation legal remedies against the free verdict. In the discussion, it can be explained that the juridicial consequences of the cassation legal remedy against the acquittal verdict of the defendant must be immediately removed from custody even though the public prosecutor is still using cassation legal remedies to the Supreme Court and the evidence confiscated and used as evidence during the trial is immediately returned to the owner.]]>
<![CDATA[PERLINDUNGAN KONSUMEN DALAM JUAL BELI MELALUI TOKOPEDIA ]]>
<![CDATA[Octavianto, Dwi Argo]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1298
<![CDATA[This research approach uses a descriptive analytical approach which is intended to provide an overview and analysis of the implementation of provisions in regulations which are based on applicable legal provisions. The research location is Tokopedia Semarang consumers. The type of data is primary data. The primary data in this thesis is a number of information or facts about legal protection for consumers in buying and selling on Tokopedia which were directly obtained from interviews with Tokopedia consumers. As a result of the research, information was obtained that legal protection for consumers in buying and selling on Tokopedia, namely legal protection for consumers, is regulated in Articles 4 and 5 of Law Number 8 of 1999 concerning Consumer Protection, Article 1243 of the Civil Code, Articles 1 (17), 46, 48 of Government Regulations Number 71 of 2019 concerning Implementation of Electronic Systems and Transactions. The legal consequences that arise regarding violations of consumer rights in online buying and selling by Tokopedia refer to Article 62 paragraph (1) of the Consumer Protection Law that business actors who violate consumer rights will be punished with a maximum imprisonment of 5 (five) years or a maximum fine. a lot of IDR 2 billion.]]>
<![CDATA[PERLINDUNGAN HUKUM TERHADAP PRIVASI DATA PRIBADI DI ERA DIGITAL ]]>
<![CDATA[Sadillah Ahmad, Ridho]]>;
<![CDATA[Puspaningtyas, Dyah Ayu]]>;
<![CDATA[Ismariy, Muhammad Nur Karim Al]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1307
<![CDATA[In an increasingly fast-paced and connected digital era, the protection of personal data privacy has become a very urgent and complex issue. Information and communication technologies have facilitated the widespread collection, storage and distribution of personal data, presenting new challenges to the protection of privacy rights, particularly in Indonesia. This phenomenon is exacerbated by various cases of data leakage and misuse of personal information that emphasize the importance of a strong and effective legal framework to protect individual privacy. This study aims to evaluate the effectiveness of existing regulations, such as Article 26 of the ITE Law and PP PSTE, in protecting personal data privacy in Indonesia, and to examine the draft personal data protection law (RUU PDP) which is expected to provide more comprehensive protection. The research method used is a normative juridical approach, with literature study as the main tool for collecting data. The results show that although the existing regulations already provide an important legal foundation, there are still weaknesses in implementation and law enforcement. Lack of public awareness about privacy rights, as well as weak law enforcement against data privacy violations, are the main obstacles in the protection of personal data privacy. The conclusion of this study is that improvements in regulation, stricter law enforcement, and better education to the public are needed to improve the protection of personal data privacy. The PDP Bill is expected to address some of these weaknesses by providing a clearer and more comprehensive legal framework.]]>
<![CDATA[TINJAUAN KRIMINOLOGIS TERHADAP PELAKU IKLAN JUDI ONLINE MELALUI MEDIA SOSIAL INSTAGRAM ]]>
<![CDATA[Tefa, Ruben E.]]>;
<![CDATA[Amalo, Heryanto]]>;
<![CDATA[Dima, Adrianus Djara]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1513
<![CDATA[Human life today has been in an era where it has been dominated by massive technological developments, and one of them is in the field of communication and information. The presence of a major innovation, namely the internet network, brings so many conveniences and benefits in the world of communication and information. However, this development is also not free from adverse effects, namely crimes that are influenced by irresponsible behavior carried out by humans in utilizing existing developments. The new crime caused by this development is the dissemination of information in the form of advertisements about online gambling which occurs so much through digital communication and information platforms such as Instagram social media. The objectives of this research are: (1) to find out what factors cause the involvement of online gambling advertisers through social media (Instagram) in Kupang City. (2) To find out how the countermeasures against online gambling advertisements through social media (Instagram) in Kupang City. This research is empirical research with a legal sociological approach method so that it is based on data obtained in the field through interviews with 12 respondents. This data is analyzed descriptively-qualitatively. The results showed that: (1) factors causing online gambling advertisements through social media (Instagram) in Kupang City are lifestyle, minimal skills, weak law enforcement, circle of friends, and family environment. (2) Countermeasures against online gambling advertisements through social media (Instagram) in Kupang City at this time are still only in the form of preventive countermeasures carried out by the Kupang City Resor Police Agency.]]>
<![CDATA[KECERDASAN BUATAN DAN PERLINDUNGAN DATA: ANALISIS REGULASI YANG ADIL UNTUK SISTEM HUKUM INDONESIA ]]>
<![CDATA[Sri Wulandari, Yudha]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1518
<![CDATA[The development of artificial intelligence (AI) has had a significant impact on various aspects of life, including legal systems and data protection. This study aims to analyze policies and regulations related to AI and data protection in Indonesia, by comparing them with international standards. The method used in this research is a normative approach through the analysis of legislation, case studies, and literature review. The results show that AI regulation in Indonesia is still in its early stages, with several key challenges related to ethics, security, and privacy rights. Therefore, strategic steps are needed in the formulation of policies that are more adaptive and based on the principles of justice and legal certainty. The findings indicate that current AI regulations in Indonesia are not yet fully prepared to address the challenges posed by rapid technological advancements. Key issues include ethical concerns, data security, and privacy rights, which are often overlooked. Hence, strategic actions are necessary to develop more adaptive, transparent policies based on the principles of justice and legal certainty. This study also highlights the need for regulatory updates that balance technological innovation with the protection of individual rights, so that Indonesia can fully harness the potential of AI without compromising privacy and data security.]]>
<![CDATA[DAMPAK SERTIFIKASI DAN LABELISASI HALAL TERHADAP PENJUALAN MIE SAMYANG MENURUT UNDANG-UNDANG JAMINAN PRODUK HALAL ]]>
<![CDATA[Lananda, Ardelia]]>;
<![CDATA[Megawati, Leny]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1529
<![CDATA[Certification and labeling are two different processes, but they are interrelated. Halal certification is a verification process to obtain recognition from an official institution, while a halal label is a symbol that is included on the product packaging as proof that the product has obtained halal certification. The implementation of halal certification and labeling in the food industry in Indonesia is an obligation that must be complied with by every business actor. This is stated in Law Number 33 of 2014 concerning Halal Product Assurance. The purpose of this study is to analyze in more depth the Implementation of Halal Certification Submission Regulations on Samyang Noodle Products and to identify the Influence of Halal Certification and Labeling on Consumer Trust in Selling Samyang Noodles According to the Halal Product Assurance Law. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study indicate that the implementation of halal certification and labeling has a significant impact on the sale of Samyang noodle products. Before obtaining halal certification and labeling, Samyang noodle products experienced a 30% decline in demand due to concerns among Muslims regarding their halal status. However, after obtaining halal certification and labeling from the Indonesian Ulema Council (MUI), sales of Samyang noodle products increased again due to legal certainty and consumer trust.]]>
<![CDATA[EKSISTENSI PRINSIP-PRINSIP SURAT BERHARGA SYARIAH NEGARA SEBAGAI INSTRUMEN PEMBIAYAAN ]]>
<![CDATA[Hariati, Sri]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1544
<![CDATA[This study aims to determine and analyze the basic principles of the operation of State Sharia Securities (SBSN) in Indonesia and to determine the existence of State Sharia Securities (SBSN) as one of the financing instruments. The formulation of the problem to be discussed is how are the basic principles of the operation of State Sharia Securities (SBSN) in Indonesia and how is the existence of State Sharia Securities (SBSN) as one of the financing instruments. The type of normative legal research, the approach method includes a statute approach, a conceptual approach, analyzed by the method of data analysis collected then processed and analyzed qualitatively, namely data analysis and legal interpretation. The research results show that its operations use the principles of ijarah, mudharabah, musyarakah and istisna', with general principles based on the principle of halal, and avoiding prohibited investments, gharar, usury and maysir, which prohibit investment activities and the existence of State Sharia Securities as financing and investment instruments can be seen from the mechanisms and stages of the SBSN or state sukuk instruments, which conclude that the position of State Sharia Securities in the legal system in Indonesia has the same position as conventional securities.]]>
<![CDATA[PENGECUALIAN RAHASIA BANK BAGI KURATOR SEBAGAI BENTUK KESEIMBANGAN ANTARA KEPENTINGAN PRIBADI NASABAH DAN KEPENTINGAN UMUM ]]>
<![CDATA[Wulandari, Mona]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1560
<![CDATA[The principle of bank secrecy regulation is basically not absolute, but relative, which means that the confidentiality of customers remains protected, but if there are certain things the principle of bank secrecy can be set aside. This condition can be an obstacle for the Curator in carrying out his duties because the existence of bank secrecy provisions causes the Curator to be unable to identify and secure the debtor's bank account because in the banking law before the enactment of the Law on Development and Strengthening of the Financial Sector (P2SK) did not regulate it clearly, firmly and state expressis verbis (clear and firm meaning). The type of research used in this writing is normative legal research. The exception to the opening of Bank Secrecy for curators through a Commercial Court decision is an exception that is regulated for the public interest, especially in the bankruptcy process. This aims to allow the curator to access the financial information of debtors who are in bankruptcy for the sake of settling bankrupt assets. This exception balances the privacy rights of bank customers and the public interest in law enforcement. The exception to bank secrecy for curators is an example of the balance between the personal interests of customers (privacy) and the public interest (in this case, the fulfillment of debtor obligations and the protection of creditor rights). This exception is strictly regulated to prevent abuse and ensure that financial information is only accessed by authorized parties in a legitimate bankruptcy process.]]>
<![CDATA[PENEGAKAN HUKUM PIDANA DI INDONESIA TERHADAP PENGARUH NEGATIF PERKEMBANGAN CYBER CRIME ]]>
<![CDATA[Kifli, Susiana]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1561
<![CDATA[The rapid development of information and communication technology is also accompanied by the widespread misuse of information and communication technology, so that it becomes a very disturbing problem, namely the occurrence of crimes committed in cyberspace or what is commonly known as "cybercrime". Various crimes have occurred in cyberspace, these cases are certainly detrimental and have negative impacts. Apart from the digital divide, cybercrime in Indonesia is still rampant. The type of research used in this writing is normative legal research. In the discussion of the development of criminal law in the future, in addition to using the law enforcement theory of Soerjono Soekanto, the resolution and prevention of cybercrime must be balanced with the regulation and development of the entire criminal law system, which includes the development of the structure, culture, and substance of criminal law. In such conditions, criminal law policy occupies a strategic position in the development of modern criminal law. Criminal law policy intends to achieve peace and prosperity for all people.]]>
<![CDATA[URGENSI IZIN USAHA PETERNAKAN SEBAGAI KEWAJIBAN HUKUM DAN DASAR LEGALITAS USAHA PETERNAKAN DI INDONESIA ]]>
<![CDATA[Lananda, Ardelia]]>;
<![CDATA[Mulyadi, M. Budi]]>
<![CDATA[ The Juris Vol. 9 No. 1 (2025): JURNAL ILMU HUKUM : THE JURIS ]]>
Publisher : <![CDATA[Lembaga Penelitian dan Pengabdian kepada Masyarakat STIH Awang Long ]]>
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DOI: 10.56301/juris.v9i1.1563
<![CDATA[Livestock business licensing is one of the important instruments in the Indonesian legal system that not only functions as a form of compliance with the law, but also as a legal basis to ensure the feasibility, security, and sustainability of livestock businesses. In addition, this livestock business license is also a fundamental aspect in the implementation of legitimate and responsible livestock business activities in Indonesia. The purpose of this study is to examine in more depth the regulations or legal arrangements regarding livestock business licensing in the legal system in Indonesia, analyze the urgency of livestock business licensing as a legal obligation and legal basis in organizing livestock businesses in Indonesia, and identify legal implications for livestock business actors who do not fulfill licensing obligations in accordance with the provisions of the applicable law in Indonesia. The method used in this study is the normative legal research method. This research method is carried out by examining problems and processing data obtained from legal regulations in accordance with existing regulations and rules or norms as the basis for research. The results of the study show that the existence of business permits in the livestock sector not only provides legal certainty, but also functions as a preventive mechanism against various legal and social risks, so that strengthening an effective and efficient licensing system is urgently needed to realize legal, sustainable, and public protection-oriented livestock business governance.]]>
