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<![CDATA[Formulation of Underage Marriage in The Perspective of Islamic Law and Legal Sociology ]]>
<![CDATA[Humaeroh]]>;
<![CDATA[Zakaria Syafei]]>;
<![CDATA[Nurul Ma’rifah]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 3 (2023): KRTHA BHAYANGKARA: DECEMBER 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i3.795
<![CDATA[The child's independence in pursuing ideals and realizing success for the future is a desire for parents and the country. This can be achieved when the child has carried out a good learning process that can be taken through the formal or informal level. However, the irony that occurs if a child's dream of becoming a person is useful for the future, religion, and the state must be cut off with what happens, such as marriages that are still not on time or underage marriages. This research aims to analyze underage marriages from the perspective of Islamic law and understand the benchmarks of legal awareness in society to minimize the occurrence of underage marriages and to know the implications of underage marriages. This study is library research using a qualitative approach. The results show that Marriage is a strong bond or mitsqon golidhon carried out by couples who have met the age limit or baligh, but marriages, carried out by someone who is underage must be based on a recommendation through a marriage dispensation issued by a religious court. Second, community indicators in realizing legal knowledge and understanding will form a stable legal attitude so that they can apply patterns of legal behavior. Third, the implications of underage marriage include the disruption of compulsory education, Fulfillment of subsistence, which is not optimal for the families, diversion of responsibility to parents because they have not been able to work properly, Reproductive health conditions are still vulnerable due to lack of good nutrition and give rise to poverty and vulnerability to divorce.]]>
<![CDATA[Perlindungan Hukum Kepemilikan Data Kependudukan di Indonesia Dalam Perspektif Teori Pembentukan Peraturan Perundang-Undangan ]]>
<![CDATA[Ana Aniza Karunia]]>;
<![CDATA[Mohammad Jamin]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.796
<![CDATA[The research evaluates the legal protection regulation for the ownership of population data in Indonesia. The type of the research is normative research with statute approaches. This study uses the Theory of Legal Protection, Theory of Legal Certainty, and Theory of Formation of Legislation. The source of research data is secondary data. Data collection technique is documentation study. The use of logic in legal research is deductive logic. The qualitative techniques used is a systematic or logical interpretation technique. The result show that that regulations have not been able to provide legal protection for the ownership of population data in Indonesia because a) the protection of ownership of population data in Indonesia has not been regulated in general regulations, b) Protection of population data ownership in the form of a prohibition is regulated by sectoral regulations. However, it has not regulated in detail how the form of protection of population data about the processing of population data, and isn’t in accordance with the principles of establishing regulations, c) the protection of population data has not been accommodated in various regulations governing the protection of personal data where these regulations are still not in accordance with the principles and principles of establishing regulations.]]>
<![CDATA[Ganti Rugi Sebagai Pertanggungjawaban Konsumen Terhadap Perbuatan Melawan Hukum Yang Merugikan Perusahaan Listrik Negara ]]>
<![CDATA[Sri Wahyuni]]>;
<![CDATA[Endang Hadrian]]>;
<![CDATA[Asti Wasiska]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.797
<![CDATA[Electricity is a very important requirement in carrying out various activities in everyday life, almost all human activities require electrical energy. In Indonesia, the business of providing electricity for the public interest is carried out by the State Electricity Company (PLN). The relationship between business actors providing electricity and consumers should refer to the principle of good faith in its implementation. However, there are several examples of cases of violations committed by electricity consumers regarding unlawful acts. This unlawful act will be very detrimental to one of the parties, namely the electricity provider in this case. For this reason, this research focuses on compensation as the consumer's responsibility for unlawful acts that cause harm to the electricity provider. In this study, the normative legal research method will be used with a case approach. The theory used to answer this research is the theory of consumer responsibility for unlawful acts that cause losses due to their mistakes. The results of this study are to determine compensation arrangements as the responsibility of electricity consumers for unlawful acts that cause losses to the electricity provider.]]>
<![CDATA[Akta Pengakuan Utang Dengan Jaminan Sebagai Upaya Penyelesaian Wanprestasi Pada Perjanjian Kerjasama ]]>
<![CDATA[Inayah Alicia Putri]]>;
<![CDATA[Siti Nurul Intan Sari Dalimunthe]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.798
<![CDATA[This study aims to analyze the implementation of the agreement after the occurrence of default and application of alternative settlement of cases. In this study the authors used a normative juridical approach, with qualitative data analysis techniques. The results of this study indicate that generally the implementation of the agreement after the debtor is declared in default depends on the claims submitted by the victim, such as demands for cancellation of the agreement, demands for fulfillment of performance, demands for compensation, or a combination of the three types of claims. The parties in this case agreed not to continue the cooperation as they should, and to take alternative settlement steps through non-litigation channels without any claims for compensation in any form. The alternative settlement carried out by the parties in this case is to make a new agreement in the form of a debt acknowledgment deed with a guarantee made before a notary.]]>
<![CDATA[Layanan Purna Jual dan Perlindungan Hukum Bagi Konsumen ]]>
<![CDATA[Fransiska Novita Eleanora]]>;
<![CDATA[Diana Fitriana]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.800
<![CDATA[A consumer is anyone who uses goods and/or services available in society for the benefit of himself, also his family and other people and even other living creatures and not for trading, and this is also for buying and selling transactions both directly and face to face. Consumers are also entitled to protection through rules governing rights and obligations in realizing legal protection, and more emphasis on consumer rights where there are several rights to be protected, namely the right to choose, the right to obtain information, the right to security and also the right to heard. These consumer rights relate to after-sales service if the consumer in purchasing goods and/or services is carried out in follow-up consultation between the buyer and the consumer or there is a warranty period such as replacement of damaged goods, as well as maintenance and provision of spare parts, but with a certain period of time. from the warranty period made by business actors because there are certain products whose warranty period is not as stated or promised and of course provides consumer limitations and the rights of consumers cannot be fully realized or fulfilled.]]>
<![CDATA[Kebijakan Publik Yang Berbasis Hak Asasi Manusia ]]>
<![CDATA[Joko Sriwidodo]]>;
<![CDATA[Dwi Andayani Budisetyowati]]>;
<![CDATA[Palmawati Taher]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.801
<![CDATA[Public policy is an instrument for resolving conflicts in society. Public policies based on human rights are public policies that are formed to become a reference in providing services to the community by prioritizing human values. The formation of public policies based on human rights itself is in accordance with the mandate of Pancasila, the 1945 Constitution of the Republic of Indonesia, and Law Number 39 of 1999 concerning Human Rights itself. This research aims to contribute knowledge to policy makers in implementing human rights-based public policies. This research is research using library research. Public policy is a series of policy decisions made by a person or group of people in realizing the goals of every problem experienced by society. Public policy based on human rights in Indonesia is a relatively new policy. This human rights-based public policy has only been implemented within the Ministry of Law and Human Rights with the issuance of Minister of Law and Human Rights Regulation Number 27 of 2018 concerning Human Rights-Based Public Service Awards, which was then refined by replacing this regulation with Minister of Law and Human Rights Regulation (Permenkumham) Number 2 of 2022 concerning Human Rights-Based Public Services (P2HAM). The issuance of the Permenkumham P2HAM is in accordance with the public service standards regulated in Law Number 25 of 2009 concerning Public Services. In order to produce good and equitable human rights-based public services, it is necessary to have human rights-based public policies that apply broadly and evenly. Thus, it is necessary to make human rights-based public policy rules in all sectors, so that injustice does not occur.]]>
<![CDATA[Rekognisi Keragaman Budaya dan Multikulturalisme Bhineka Tunggal Ika ]]>
<![CDATA[Sugeng]]>;
<![CDATA[Naupal]]>;
<![CDATA[LG. Saraswati]]>;
<![CDATA[Abby Gina Boang Manalu]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.802
<![CDATA[This article aims to examine various models and theories of multiculturalism that are applied through recognition politics in several countries. As a pluralistic country, Indonesia has developed a unique process of multiculturalism in accordance with the characteristics of society, history and political system. This study uses the method of library research (library research) which is descriptive qualitative in nature, to elaborate on the fundamental structure and basic principles of recognition politics and multiculturalism which are the central themes of the discussion. The main question discussed in this article is how multiculturalism and the politics of recognition proceed in Indonesia. The results of the study show that the relationship between society and the state is not a given process, but a dynamic and unfinished process of becoming. In this process, Pancasila and Bhineka Tunggal Ika play a role as a social imaginary, which is the cornerstone of building a national identity and developing a more appropriate and moderate multicultural society. By recognizing, appreciating, and promoting art, culture, and the identities of various cultural groups in Indonesia, it is hoped that a more inclusive and harmonious society will be created.]]>
<![CDATA[Assessing the Effectiveness of Rice Farming Corps Insurance in Protecting Farmers and Ensuring Legal Certainly ]]>
<![CDATA[Elisatris Gultom]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 18 No. 2 (2024): KRTHA BHAYANGKARA: AUGUST 2024 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v18i2.803
<![CDATA[Indonesia is an agricultural country because most of the Indonesian population works in the farm sector, including rice farming. Ironically, rice farming has not developed much and has become a mainstay for the Indonesian people even though this business has long been known and cultivated by most Indonesians living in rural areas. The factor of disasters due to climate change, especially in Java Sumatra, Sulawesi, and parts of Kalimantan, is often the reason why farmers are reluctant to farm so the agricultural sector has not developed much. This research aims to determine the validity of Rice Farming Business Insurance (AUTP) from the aspect of national insurance law and the effectiveness of AUTP as a means of protection for farmers This research is normative juridical research that focuses on secondary data analysis, which comes from primary, secondary and tertiary legal materials related to AUTP, while the data collection technique used is literature study or document study. The research typology used is analytical descriptive, namely describing fully and comprehensively the application of AUTP as a means of protecting rice farmers from the potential for crop failure to be further analyzed so that solutions can be found to existing problems. The research conclusion shows that juridically AUTP meets all the requirements for the existence of an insurance agreement so that AUTP is valid and has legal certainty even though AUTP is not specifically regulated in the Commercial Code; AUTP has not been effectively used as a means of protecting rice farmers because it still faces internal obstacles originating from the farmers themselves and externally. In order for AUTP to be effective in providing protection for farmers in Indonesia, it is necessary to carry out increasingly massive outreach to AUTP and optimize the use of technological facilities. ]]>
<![CDATA[Analisis Konsekuensi Pengunduran Diri Pekerja Profesional Dalam Perspektif Regulasi Ketenagakerjaan ]]>
<![CDATA[Hendry Frand Tia]]>;
<![CDATA[Sufiarina]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.805
<![CDATA[The working relationship between the employer and employee is an agreement between two parties. Laws that provide legal certainty for labor develop quite comprehensive and detailed for the protection of the labor if an employer terminates the employment agreement. The purpose of this writing is to explore the nature of the legal certainty of the parties (employers and workers) in the event of termination of employment by employees who work as a professional worker. The legal research used is normative juridical, with primary, secondary and tertiary legal materials. The results of the research found that many professional workers still take refuge in laws that are supposed to protect unskilled laborers, and these professional workers enjoy all the 'an sich' benefits of the Labor Law. If a company terminates the employment agreement with its employee, the written laws which contain various sanctions (including criminal sanctions) require the company to go through many stages, including payment of severance package. With the perspective of the principle of equality before the law, the author does not find any written laws regarding procedures and sanctions (penalties) for a professional worker who terminates the employment relationship unilaterally with the company.]]>
<![CDATA[Perlindungan Hukum Pemegang Hak Cipta Terhadap Tindakan Penggandaan Atau Penggunaan Secara Komersial Ciptaan Berdasarkan Pasal 9 Undang-Undang No. 28 Tahun 2014 tentang Hak Cipta ]]>
<![CDATA[Jeane Neltje]]>;
<![CDATA[Diana Fitriana]]>;
<![CDATA[Sarip]]>
<![CDATA[ KRTHA BHAYANGKARA Vol. 17 No. 2 (2023): KRTHA BHAYANGKARA: AUGUST 2023 ]]>
Publisher : <![CDATA[Fakultas Hukum Universitas Bhayangkara Jakarta Raya ]]>
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DOI: 10.31599/krtha.v17i2.806
<![CDATA[Copying and commercial use of copyright (especially songs) is an act that is detrimental to copyright holders. Article 9 of the Copyright Law has emphasized this action and problems in the field of intellectual property protection become a fundamental problem when research shows that there are weaknesses in aspects of copyright protection. A copyrighted work will receive legal protection if it covers the fields of science, art and literature. Legal protection is obtained if a creation has been realized in a tangible form. The method used in this research is normative research. The author uses the library research method (library search) which is done by reading and studying written sources. According to Article 4 UUHC, the exclusive rights of protected music creators consist of moral rights and economic rights. Moral rights are inherent in the creator or actor that cannot be removed or deleted without any reason, even though the copyright or copyright has been transferred. However, not all countries provide the same legal protection for moral rights in copyright. Some countries may not have strong moral rights laws, or may provide less protection for those rights. Legal arrangements regarding the economic rights of creators or copyright holders show that economic rights are the exclusive rights of creators or copyright holders to obtain economic benefits from creations, so that everyone who exercises economic rights must obtain permission from the creator or copyright holder and is prohibited from duplicating and/or commercial use of works without the permission of the creator or copyright holder.]]>
