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Program Doktor Ilmu Hukum, Faultas Hukum, UNTAG Semarang JL. Pemuda No. 70, Semarang
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Jurnal Ilmiah Dunia Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 25286137     EISSN : 27210391     DOI : -
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Jurnal Ilmiah Dunia Hukum (JIDH) diterbitkan oleh Program Studi Hukum Program Doktor Fakultas Hukum Universitas 17 Agustus 1945 Semarang. JIDH merupakan e-jurnal sebagai media publikasi bagi akademisi, peneliti, dan praktisi dalam menerbitkan artikel ilmiah di bidang isue hukum kontemporer. Ruang Lingkup jurnal ini meliputi kajian hukum Pidana, Perdata, Tata Negara, Administrasi Negara, Hukum Internasional, Hak Asasi Manusia, Hukum Adat, dan Hukum Lingkungan.
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Articles 5 Documents
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Search results for , issue "VOLUME 7 ISSUE 2 APRIL 2023" : 5 Documents clear
Socio-Legal Research: Integration of Normative and Empirical Juridical Research in Legal Research Afif Noor
Jurnal Ilmiah Dunia Hukum VOLUME 7 ISSUE 2 APRIL 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/jidh.v7i2.3154

Abstract

Legal research is a method used by legal experts to develop legal knowledge. Legal experts have different opinions in explaining the definition of legal science due to differences in opinion in placing legal science as part of social science related to how to apply the law in the practice of legal science is a sui generis science as a practical discipline that establishes standard procedures and guidelines for implementing legal regulations or applied research that has a prescriptive character. The difference in placing the science of science has given birth to the study or field of legal research into normative juridical research and empirical juridical research. Each of these fields has advantages and disadvantages. Therefore, to obtain a comprehensive legal review result, methodological integration is required through an approach called socio-legal research. Socio-legal research is not the same as empirical juridical research, both in the sociology of law and sociological jurisprudence. Socio-legal research is a combination of legal research and social studies of law. Socio-legal research has its objectives and scope, which do not merely look at the law in its empirical questions but also carry out critical academic analysis of the law.
What is the Form of Protecting Customary Land in Indonesia? A Study of the History and Construction of Settings Widyorini Indriasti Wardani
Jurnal Ilmiah Dunia Hukum VOLUME 7 ISSUE 2 APRIL 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/jidh.v7i2.3739

Abstract

This article examines the legal protection for customary land rights based on forest law in Indonesia. The study of customary land is important because customary land is the communal ownership of land subject to customary law. Policies related to customary land rights are inseparable from regulations regarding forestry law because customary rights appear starting with the clearing of forests by customary law communities. Forestry management after Indonesia’s independence cannot be separated from government legal politics, especially related to forestry law in Indonesia. This writing departs from the question of how the history of the existence of customary land and how the protection of customary land in the regulation of forestry law in Indonesia. The writing of this article uses a normative juridical method, namely studying material using theory from literature books, including scientific writing in journals and material related to laws. Based on the hypothesis, forestry regulations in Indonesia have not provided legal protection for customary lands and have even eliminated the existence of customary land itself, which is the source of life for indigenous peoples. The lack of protection can cause conflicts between the government and indigenous peoples, one of the factors due to the government’s takeover of customary land ownership from indigenous peoples. With Government Regulation Number 23 of 2021 concerning the Management of Forest Areas, which also regulates customary forests as separate forest groups (not included in state forests), customary forests are recognized.
Legal Politics of Electronic Documents in State Finances As Legal Evidence Rizky Dian Bareta; Triyono Triyono; Rahmat Rahmat
Jurnal Ilmiah Dunia Hukum VOLUME 7 ISSUE 2 APRIL 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/jidh.v7i2.3362

Abstract

Disruption of digital technology as part of the industrial revolution 4.0 forces changes in human culture to keep up with the times, including in public institutions. Regulating the digitalization of state finances has risks, including electronic evidence in court that is very likely to occur, given that corruption in state finances is still rampant, requiring legal evidence in court. This research is normative research by examining the existence of regulations related to electronic documents in state finances and explaining how electronic documents are formed. In this study, it can be concluded that regulations regarding electronic evidence have been adequately accommodated, although there is still an asymmetry in the classification of electronic evidence itself. Regulations governing electronic documents in the field of state finances still refer to laws regarding electronic information and transactions. These regulations are considered complete, although, in several regulations in the field of state finance, adjustments are still required to support the use of electronic documents in state finances. Electronic signatures are divided into certified and uncertified signatures, but certified signatures make the presence of an ideal electronic document. This research can be used as input for policymakers in implementing electronic documents in state finance.
Theoretical Study Of Legal Protection Of Song Royalty On Digital Platforms Sahrul Sahrul; Yogabakti Adipradana Setiawan; Wahyu Wahyu
Jurnal Ilmiah Dunia Hukum VOLUME 7 ISSUE 2 APRIL 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/jidh.v7i2.3333

Abstract

The purpose of this study is to solve problems related to legal arrangements regarding song royalties or music on digital platforms that are used commercially and the issue of violations of song royalties on digital platforms today. This type of research is normative legal research with primary legal materials covering the applicable laws and regulations and secondary legal materials, including law books, the internet, and journals related to the issues studied. This research is descriptive, while the research material is carried out qualitatively. This research results in a conclusion that the matter of collecting royalties for songs on the Digital Platform after the issuance of Government Regulation of the Republic of Indonesia Number 56 of 2021 concerning Management of Royalties for Copyright of Songs and/or Music only targets the form of public services but does not regulate strictly in the form of Digital services that are used commercially and Legal protection regarding royalties for songs or music in Digital Platforms that are used commercially is divided into 2 (two), namely: Legal protection in the form of protection of works and rights for songwriters in the form of economic rights and moral rights, legal protection in the form of criminal sanctions and civil sanctions in the form of compensation. The responsibility of Government must immediately make derivative regulations relating to the Management of Song Royalties in Digital Platforms that are used commercially to provide protection and legal certainty for those who have economic rights/song royalties, as well as the Directorate General of Intellectual Property (DJKI) to be able to complete the Song / Music Information System (SILM) song and music data center to optimize the withdrawal and distribution of royalties to songwriters or musicians.
Can Illegal Investments be Classified as Gambling? An Analysis Suwinto Johan
Jurnal Ilmiah Dunia Hukum VOLUME 7 ISSUE 2 APRIL 2023
Publisher : PDIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35973/jidh.v7i2.2907

Abstract

Economic expansion has been accompanied by a tremendous increase in personal wealth in recent decades. As people’s wealth increases, so do their investment demands. The number of illegal investment cases is likewise rising quickly. Along with technological advancements, gambling has become more prevalent in addition to incidences of unlawful investment. Ponzi scheme-based online gaming is expanding quickly throughout society. The purpose of this study is to compare unlawful investment to gambling from a legal and economic standpoint. The normative juridical method is employed in this study. This study employs a secondary legal method and utilizes associated rules as secondary legal materials. The study’s findings suggest that unlawful investing and gambling have some similarities. Gambling and illegal ventures both provide high profits. Owners of funds run the risk of losing money through unlawful investments and gambling. Along with gaming, the legislature needs to control unlawful investment—enforcement of the law against illicit gamblers.

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