Legalitas: Jurnal Hukum
Legalitas: Jurnal Hukum is a peer-reviewed open access journal that aims to share and discuss current issues and research results. This journal is published by Center for Law Research and Development, Master of Law Program, Batanghari University, Legalitas: Jurnal Hukum contains research results, review articles, scientific studies from legal practitioners academics covering various fields of legal science, criminal law, civil law, administrative law, constitutional law, law Islamic business and law and other fields of study relating to law in the broadest sense. This journal is published twice a year, in June and December.
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<![CDATA[Doktrin Safe Harbor: Upaya Perlindungan Hak Cipta Konten Dalam Platform User Generated Content ]]>
<![CDATA[Syarafina Ramadhanty]]>;
<![CDATA[Naila Amatullah]]>;
<![CDATA[Niki Anane Setyadani]]>;
<![CDATA[Tasya Safiranita Ramli]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.226
<![CDATA[Along with the rapid development of technology, social media platforms can be used to sharpen human creativity by uploading opinions, images, videos, sounds and so on as a form of user copyright. A digital platform that actively invites its users to upload copyrighted content is called the User Generated Content Platform ("UGC"). UGC's social media accounts are vying to be judged viral, so few accounts are 'stealing' content instead of his work in order to gain that reputation. Furthermore, the account is used commercially using a paid promote system or paid promotional services. This phenomenon often occurs on Instagram platforms with paid promotional systems that take Twitter content without permission. The purpose of this writing is to know the legal protection in the content of Twitter's UGC platform which is re-uploaded and monetized with a paid promotion system without rights on Instagram by Indonesian copyright law. Furthermore, the author carries the idea of providing protection to the UGC platform by applying the safeharbor doctrine in the event of copyright infringement by users of the platform. In reviewing this study, the authors used normative juridical approach methods, by examining literature as the main research material. The results of this study found that Twitter's re-uploaded and monetized User Generated Content platform content with a paid promotion system on Instagram has been protected by Indonesian copyright law in accordance with Law No. 28 of 2014 on Copyright reaffirmed in accordance with the safe Harbor doctrine contained in the Circular of the Minister of Communication and Informatics No. 5 of 201 on Restrictions on Responsibility of Platform Providers and Merchants of Electronic Commerce in the form of UGC.]]>
<![CDATA[Refleksi Atas Pemisahan Pemilu Nasional dan Pemilu Local ]]>
<![CDATA[Roni Sulistyanto Luhukay]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.205
<![CDATA[The holding of general elections is held simultaneously in Indonesia as part of the success of democracy. Various legal problems arise from the tenure of public officials which will not end when the implementation of a democratic party simultaneously is carried out. This research uses the normative juridical method which is carried out in response to the urgency of separating national and regional elections in the implementation of a five-box election, can increase the workload and can potentially eliminate the lives of Kpps officers besides that it is not only a matter of management management, but also its relevance to the government system and purity. Voting rights, the existing concurrency design impact on the non-optimal implementation of voting rights and the insecurity of the election process according to the principles of honesty and fairness. To understand that, the problem of simultaneous election struggles occurs after the simultaneous implementation of consuming many victims with a five-box system but the potential if it is not carried out simultaneously will also result in the weakness of the president's position to align the government agenda and development agenda because the regional head is an extension of the central government, at the same time as the organizer of regional autonomy for the purpose of national development, will face changes in the political configuration.]]>
<![CDATA[Pemilihan Kepala Desa Serentak 2019 di Indonesia: Implementasi dan Tantangan ]]>
<![CDATA[Sardjana Orba Manullang]]>;
<![CDATA[Megasuciati Wardani]]>;
<![CDATA[Sitti Nur Alam]]>;
<![CDATA[Sri sudono Saliro]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.211
<![CDATA[This study aims to analyze how the implementation of the 2019 simultaneous village head elections in Indonesia, and how the challenges of implementing the 2019 simultaneous village head elections in Indonesia. This research uses literature research method with deriftive approach of analysis. The conclusion of this paper is the implementation of simultaneous village head elections in 2019 in Indonesia there are still differences in administrative requirements, caused by differences in the rule of law at the district level, be it the regulation of the selection of village heads in district regulations and at the technical level of regent regulations on the technical implementation of regional head elections. In addition, the challenges in the implementation of village head elections are on voter data collection, regulation of dispute resolution of village head elections, and money politics.]]>
<![CDATA[Peranan Majelis Pengawas Notaris Daerah terhadap Pelaksanaan Kode Etik Notaris di Kabupaten Serang ]]>
<![CDATA[Hasuri Hasuri]]>;
<![CDATA[Rokilah Rokilah]]>;
<![CDATA[Dwi Nurina Pitasari]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.223
<![CDATA[The role of the Supervisory Council is very important in fostering and supervising the position of a Notary on an ongoing basis regarding personal behavior in carrying out his position and outside his position as the spearhead of ensuring legal certainty for the public who uses the services of a Notary. Enforcement of the Code of Ethics for the Notary profession is one way to preserve noble values in the Notary profession, so that this noble profession in its implementation will not experience a decrease in quality and even if necessary, obtain an increase in the quality of the profession. The problems examined in this research are: 1) What is the Role of the Regional Notary Supervisory Council on the Implementation of the Notary Code of Ethics in Serang Regency? and 2) What is the Implementation Mechanism for Supervision of the Code of Ethics for Notaries in Serang Regency? The purpose of this study was to determine the role of the Regional Supervisory Council in implementing the Notary Code of Ethics in Serang Regency. This study uses an empirical juridical approach which is used to look at legal aspects of social interaction in society. This research is descriptive-analytic, intended to provide data as accurate as possible about a condition or other symptoms. The results show that the role of the Notary Supervisory Council is to supervise Notaries, so that in carrying out their duties they do not deviate from their authority and do not violate the applicable laws and regulations and the Notary Supervisory Council is authorized to supervise, foster notaries and impose sanctions on notaries who are declared. violated the applicable provisions.]]>
<![CDATA[Urgensi Pembatasan Pemilikan dan Penguasaan Tanah Untuk Rumah Tinggal ]]>
<![CDATA[Febri Jaya]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.207
<![CDATA[This paper is written to provide a study on the urgency of limiting ownership and control of land for houses in Indonesia. Although in general these discussions have been regulated in various laws and regulations, in reality these regulations still require firmer regulations in order to provide a sense of justice to all Indonesian people. This type of research used in this research is a type of normative legal research. With a normative juridical approach, the researcher intends to describe the aspects of existing government policies regarding restrictions on ownership and control of land rights that do not yet have firmness to provide a solution to the legal vacuum that occurs. Therefore, at the end of this research it is intended to encourage the formation of the intended legislation by still paying attention to the form of a philosophical foundation, a juridical basis and a sociological basis for the formation of laws and regulations related to restrictions which become an urgency.]]>
<![CDATA[Pembinaan Anak yang Berkonflik dengan Hukum Dari Perspektif Restorative Justice (Studi Perbandingan Antara Indonesia dengan Malaysia) ]]>
<![CDATA[Fatriansyah Fatriansyah]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.220
<![CDATA[The purposes of this study are 1) To find and analyze institutions authorized to deal with children in conflict with law in Indonesia and Malaysia, and 2) To find and analyze the process of fostering children in conflict with law in Indonesia and Malaysia. The main problems discussed in this study are 1) Guidance institutions that deal with children in conflict with the law in the future must consider respect for the dignity of children in the form of structural and infrastructure perspectives in coaching institutions in other words a child-friendly coaching institution. Furthermore, to provide protection and the needs of the rights of parents of child development institutions in conflict with the law, it is necessary to prepare the rights for parents or guardians of children who will meet and visit. In addition, from the aesthetic and architectural point of view of building institutions for children in conflict with the law must be child-friendly, so as not to be stigmatized such as prisons or correctional institutions generally for adults. 2) Guidance for children in conflict with the law at this time is only a duty and responsibility of the supervisor in the institution, criminal offender and the community alone, so that restorative justice is not achieved. In the future, the development of children in conflict with law in Indonesia needs to use a restorative justice approach. In each stage of its development, guidance for children in conflict with the law is not only oriented to rehabilitation and resocialization of perpetrators but also recovery of victims and people's lives.]]>
<![CDATA[Tindak Pidana Pembobolan Dana Nasabah dapat Mengurangi Kepercayaan Masyarakat terhadap Industri Perbankan ]]>
<![CDATA[Muhammad Zen Abdullah]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.227
<![CDATA[The development of the banking industry by entering the current era of globalization and liberalization of financial markets, has resulted in increased competition among banks, especially in fund raising. Therefore, bank management is required to have the skills to manage the bank's wealth, debt and capital reflected in the bank's balance sheet well. A more fundamental of the expertise and skills in managing the bank, it is necessary to be careful and followed by the good faith of the bank management, ranging from the board of commissioners, directors and employees of the bank. This means that bank managers should be the party that always adheres to the high code of banking ethics and complies with all applicable laws and regulations in the banking sector. But in practice, it is not always possible to run well if it is not covered by the possibility of food-storage that leads to fraud by breaking customer funds conducted internally by the bank itself. Of these problems raises fundamental questions, namely (1) What causes the criminal breach of customer funds in the banking industry, and (2) How to resolve the criminal breach of customer funds in the banking industry. To answer both questions, legal research methods are used. Normative juridical approach (legal research), namely research on positive laws by evaluating the relevant rule of law. This approach identifies and codified the law as the norm, rules, regulations related to the criminal breach of customer funds in the banking industry.]]>
<![CDATA[Mekanisme Pembentukan Peraturan Nagari yang Baik (Studi di Nagari Gurun Panjang Kecamatan Bayang Kabupaten Pesisir Selatan Sumatera Barat) ]]>
<![CDATA[Besse Patmawanti]]>;
<![CDATA[Naldi Gantika]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.208
<![CDATA[This research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. This research is done in Nagari Gurun Panjang Disctrict of Bayang South Pesisir Regency West Sumatera. The techbique of collecting data is interview and document study. Then, the data analyzed qualitatively in descriptive analysis form. The results of research show that: (1) the nagari regulation formed by governance of nagari, consist of BAMUS nagari together walinagari. The existence of nagari regulation in the regulation admitted as one of legal law; (2) the governance of nagari Gurun Panjang has authority and manage his household itself, included in the forming of nagari regulation. The proposal of making nagari regulation can be from walinagari and then discussed between walinagari and BAMUS nagari. After approfing, the nagari regulation then brought by the head of BAMUS nagari to walinagari to be approved (and given to head of regency though head of district; (3) a nagari regulation constists of some parts arranged in a framework. The framework of a nagari regulation concits of six parts; title, introduction, content, closing, explanation (if needed), and attachment (if needed). ]]>
<![CDATA[Sistem Manajemen Keselamatan dan Kesehatan Kerja Di Perseroan Terbatas Nilam Sari Cipta Amrizal ]]>
<![CDATA[Syarifa Mahila]]>;
<![CDATA[Nazifah Nazifah]]>;
<![CDATA[Upik Ema Emilia Susanti]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.221
<![CDATA[Limited Liability Company, Nilam Sari Cipta Amrizal, is a company engaged in the Electrical Contracting sector based in Jambi. Based on the type of business activity, this company has a high risk to Occupational Health & Safety. The purpose of this study was to determine the application of the Occupational Safety and Health Management System in the Limited Liability Company of Nilam Sari Cipta Amrizal, the obstacles faced and the efforts to solve them. Occupational health and safety is one of the workers' rights that must be fulfilled as regulated in Government Regulation Number 50 Year 2012. The research method used is a juridical empirical research type with an analytical approach. In this study, the authors describe the problems under study, which are arranged based on theory and related concepts to obtain a comprehensive and systematic description of the occupational safety and health management system, data sources from field research using interview methods and literature research. Data obtained from field research and library research are processed using qualitative analysis, namely data analysis based on what is obtained from the field and literature both orally and in writing, presented in the form of logical sentences. The method used is the inductive thinking method, namely the method of thinking. from a specific nature then drawn to a general conclusion.]]>
<![CDATA[Respon Masyarakat Surabaya terhadap Diputuskannya RUU Cipta Kerja Oleh Pemerintah ]]>
<![CDATA[Taufiqurahman Arsy Ramadhani]]>;
<![CDATA[Agus Machfud Fauzi]]>
<![CDATA[ Legalitas: Jurnal Hukum Vol 12, No 2 (2020): Desember ]]>
Publisher : <![CDATA[Universitas Batanghari Jambi ]]>
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DOI: 10.33087/legalitas.v12i2.209
<![CDATA[This article aims to analyze the response of the Indonesian people after the decision on the Job Creation Bill drafted by the DPR. The method used in this research is descriptive qualitative research method by explaining the sociological view of law on the impact resulting from the decision of the Work Creation Bill to become a permanent law. The data collection technique used is to collect literature studies, namely taking from several sources such as journals, articles , news, magazines or other sources related to the topic being discussed. The results of this study are expected to be a reference for future studies and can provide useful knowledge for readers. ]]>
