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Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda
Published by Sekolah Tinggi Ilmu Hukum Sumpah Pemuda
ISSN : 14110261     EISSN : 2746394X     DOI : -
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Diterbitkan oleh Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA) Berisikan tulisan ilmiah, hasil pembahasan penelitian, pembahasan buku dan pendapat yang mendukung. Redaksi mengundang para dosen, pakar, mahasiswa, membahas dan masyarakat yang tertarik untuk menuangkan hasil yang diharapkan ke dalam tulisan ilmiah. Jadwal penerbitan setahun 2 (dua) kali pada bulan Maret dan September . Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagaimana terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 9 Documents
 1 
Search results for , issue "Vol. 30 No. 4 (2024)" : 9 Documents clear
Penggunaan Karya Seni Tanpa Izin pada Sistem Pembelajaran AI dalam Prespektif Hak Cipta di Indonesia Vedanti, Kausalya Ayu
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.128

Abstract

The significant development of technology has given rise to many new technologies that provide convenience in various fields of human work, one of which is the emergence of Artificial Intelligence Art Generator technology as an innovation in the world of art. AI Art will create images according to user requests entered in the description column, without the need to have a talent for drawing, someone can produce works of art. Behind this convenience, there are violations of the copyright of works of art due to the use of works as input data without permission for commercial purposes carried out by the AI ​​Art company.
Paradigma Peran Regulasi tentang Hak Asasi Manusia dalam Penanganan Tindakan Terorisme sebagai Ancaman Kedaulatan Negara Arisani, Muhammad Hakim; Dinda Nopriansary Haslindra; Afifah Zahra; Sofie Indah Tricahyani; Muhammad Ilham; Muhammad Rangga Ramadhansyah
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.129

Abstract

When acts of terrorism emerge in a country, they certainly pose a great danger to the security and tranquility of the government and its citizens. Terrorist acts that tend to be inhumane are considered actions that are contrary to the 1945 Constitution of the Republic of Indonesia. However, on the other hand, terrorism itself is also considered as a human issue, so when they still hold the status of a suspect, they must also be protected by law and should not be subjected to discriminatory treatment by law enforcement officials handling them, in accordance with the 1945 Constitution, specifically Article 28D. Criminal law also requires the principle of equality before the law for anyone still in the status of a suspect as a guarantee of protection. All countries have limitations, and Indonesia itself prohibits illegal firearms. Terrorism itself is prohibited and carries the heaviest penalty, which is the death penalty, in accordance with Law Number 5 of 2018, which essentially restricts a person's right to live. Because the law states that humans must respect the rights of other humans. However, duty is above all else, so before citizens have the right to various freedoms, they must fulfill their duties according to the existing regulations. So, as a consequence of their actions that often contradict the obligations set by the law, the death penalty is the appropriate measure. Because Indonesia considers the theory of relativism as a limitation of rights, the death penalty should not be regarded as an evil thing.
Analisis Kriminologis Terhadap Faktor Penyebab Tindak Pidana Korupsi Di Sektor Publik Ramdani, Rahmat Memo; Henny Yuningsih
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.131

Abstract

Corruption in the public sector is a serious legal and social issue, potentially damaging the integrity of the government, hindering development, and reducing public trust in state institutions. Corruption Not Only Harms the State, But Also Affects Social Justice and Destroys Social Order Through the Culture of Nepotism and Collusion. In the Perspective of Criminology, the Criminogenic Factors that Encourage Corruption Can Be Seen from Personal, Organizational and Structural, Economic, Cultural, and Social Factors. Corruption also hinders the allocation of resources for development that should improve the welfare of the community, such as education, health, and infrastructure. Therefore, combating corruption must be carried out through a comprehensive approach, including bureaucratic reforms to enhance transparency and accountability, as well as changes in organizational culture that support integrity and ethics. Through these steps, it is hoped that a more transparent, efficient, and fair public sector will be created, which in turn will improve development and restore public trust in the government.
Upaya Penguatan Regulasi Untuk Mencegah Tindak Pidana Korupsi Hariwangsa, Tridian; Henny Yuningsih
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.132

Abstract

Corruption is a major problem that hinders the progress and stability of a country, including Indonesia. The entrenched practice of corruption in various sectors of government and social life not only undermines public trust but also causes significant losses for the country, both financially and socially. Not only the government should receive fair public services, but also ordinary people who feel the loss. The main challenge is poor inter-agency coordination, which leads to overlap and a lack of efficiency in handling corruption cases. Political interference that disrupts the independence of law enforcement agencies often causes investigations and prosecutions of corruption cases to be suboptimal. The deeply rooted culture of corruption complicates efforts to eradicate corruption. Corruption does not only occur at the level of high officials, but has also spread to lower levels within the government bureaucracy. Strengthening anti-corruption regulations is essential through better collaboration between the community and law enforcement agencies. Transparency in law enforcement and adequate protection for whistleblowers of corruption cases are also very important to encourage the public to be more courageous in reporting the corruption crimes they are aware of. To address this issue, active community participation and the enhancement of law enforcement agency capacities will be very important. With strong support from the government, strict regulations, and a good legal culture, the eradication of corruption in Indonesia can be more effective and have a positive impact on national development.
Pandangan Hukum Ekonomi Islam Dalam Etika Bisnis Terhadap Kehidupan Manusia Candra, Andi; Windi Arista; Warmiyana Zairi Absi; Kinaria Afriani
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.133

Abstract

This research discusses the perspective of Islamic economic law on business ethics in relation to human life. Islamic economic law, which is based on Sharia principles, offers ethical and moral guidelines in conducting business activities. Business ethics in Islam not only aim to achieve material profit but also consider aspects of justice, balance, and sustainability in social life. This research explores how the application of Islamic ethical values in business can create harmony between the interests of individuals, society, and the environment. With a literature-based qualitative approach, this article highlights the importance of integrating Islamic economic principles and modern business practices to support human well-being comprehensively. The results show that the application of Islamic business ethics can be a solution in facing global economic challenges, such as social inequality and moral crises, as well as promoting sustainable development.
Perlindungan Hukum Hak Anak Sebagai Korban Agus, Azwar
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.140

Abstract

Children are a gift from God Almighty who have human dignity and self-worth. Article 28B of the Constitution of the Republic of Indonesia states that every child has the right to survival, growth, and development, as well as protection from discrimination and violence. Every child from birth is entitled to the right to live, grow, develop and thrive safely, according to the Constitution of the Republic of Indonesia. The state is responsible for protecting children from discrimination and violence in their life process. Violations of children's rights occur in almost all countries, especially in countries experiencing armed conflict, as well as in developing and developed countries. Violence against children is often associated with visible violence, such as physical and sexual violence. However, psychological and social (structural) violence, in turn, has devastating and lasting consequences for children. The process of economic growth has created social and child problems, such as street children, child labour, sexual exploitation of children, child prostitution, and child trafficking. Child abuse is commonly caused by poverty, which is often associated with mental distress, unemployment, and low levels of education. The rights of children as victims need special attention, because in general, children's rights are often neglected. Concrete and progressive steps need to be taken, including ratifying the International Convention on Children so that it can be implemented comprehensively.
Perlindungan Data Pribadi Dalam Cloud Computing: Perspektif Hukum Haryadi, Tobi
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.141

Abstract

The rapid development of information technology has encouraged the adoption of cloud computing as a data storage and management solution. However, the use of this technology poses challenges in the protection of personal data, especially from a legal perspective. This study analyses the protection of personal data in cloud computing based on the applicable legal framework, both at the national and international levels. The main focus of this study includes the principles of data protection, the obligations of cloud service providers, the rights of users, as well as legal challenges in the enforcement of personal data protection. The results show that although there are regulations governing the protection of personal data, there are still legal gaps and challenges in their implementation, especially regarding jurisdiction, service provider responsibilities, and data security. Therefore, it is necessary to improve regulations and cooperation between various parties to ensure more optimal protection of personal data in the cloud computing environment.
Analisis Hukum terhadap Pseudo-Science dalam Bidang Pendidikan di Kalangan Masyarakat Sylvia, Rena
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.144

Abstract

The development of the digital era has accelerated the spread of pseudo-science in the field of education, which has an impact on public understanding of valid science. Information that is not based on scientific evidence is easily spread through various digital platforms, causing confusion among the public and the world of education. This research aims to analyze aspects of legal protection against the spread of pseudo-science in education as well as the role of education in counteracting its negative impact. A normative juridical approach is used by reviewing relevant laws and regulations, such as Law No. 20/2003 on the National Education System, Law No. 11/2008 on Electronic Information and Transactions, and Law No. 8/1999 on Consumer Protection. The results show that although there are regulations that can be used to limit the negative spread of pseudo-science, there are still challenges in implementation and law enforcement in the digital era. In addition, education has a strategic role in improving scientific literacy and critical thinking to build public awareness of the importance of credible sources of information, as well as improving and developing curriculum based on humanity, cognitive intelligence, arts, and culture must also be developed so that scientific knowledge is not rigid, but also focuses on practical application in everyday life. Therefore, more specific policies are needed to regulate digital information as well as collaboration between the government, educational institutions, and the community to build a more effective system of legal protection and development of scientific insights against pseudo-science in education
Kedudukan Omnibus Law Dalam Sistem Hukum Indonesia. Berdasarkan Undang-Undang Nomor 13 Tahun 2022 Tentang Pembentukan Peraturan Perundang-Undangan Agustian, Muhamad Yosi
Disiplin : Majalah Civitas Akademika Sekolah Tinggi Ilmu Hukum sumpah Pemuda Vol. 30 No. 4 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/disiplin.v30i4.145

Abstract

By using the omnibus law method, you can create a rule or law consisting of many subjects or basic materials for a specific purpose and deviate from the standard rules. An Omnibus Law differs from a draft regulation mainly because it covers a lot of subject matter, has many regulated articles, and lastly, because it is more complexParagraphs (1a) and (1b) of Article 64 of Law Number 13 of 2022 on the Formation of Legislation and Factors for Rejection of Omnibus Law due to Regulatory Conflict regulate the position of Omnibus Law. To avoid regulatory conflicts, the Omnibus Law formation process must involve the government and the House of Representatives (DPR) openly and inform the public in advance.

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