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Nanik Prasetyoningsih
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INDONESIA
Jurnal Penegakan Hukum dan Keadilan
Published by Universitas Muhammadiyah Yogyakarta
ISSN : 27460967     EISSN : 2721656X     DOI : https://doi.org/10.18196/jphk
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penegakan Hukum dan Keadilan (JPHK) mempublikasikan artikel artikel ilmiah yang mengkaji isu-isu penegakan hukum dan pencapaian keadilan.
Arjuna Subject : Seni dan Humaniora - Seni dan Humaniora (Lain-Lain)
Articles 6 Documents
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Search results for , issue "Vol. 5 No. 2 (2024): September" : 6 Documents clear
Artificial Intelligence-Based System Tools and Their Impact on The Lawyers’ Practice Farouk, Aisha Dawaki; Fajar, Mukti
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.18415

Abstract

This study focuses on artificial intelligence (AI)-based system tools and their impacts on the lawyer's practice. With the emergence of technology and its rapid development in the field of sciences, progress can be seen in the different sectors, including the legal profession. Traditionally, only licensed lawyers practice law, but that traditional notion has begun to change with the coming of technology. AI-based system tools were changing how lawyers practice law is being done. Legal information can now be analyzed through network analysis and machine learning (ML) systems. The study adopted an empirical type of research, using a qualitative and quantitative methodological approach to gather and analyze its data. Primary data was collected directly from the targeted respondents, while the secondary data were collected from relevant literature in libraries such as journals, books, newspapers, articles, and online publications. The data collected was analyzed using a frequency distribution table, pie chart, and simple percentage. The study highlighted that 58% agreed that AI was changing and impacting how lawyers practice law. The result showed that 50.9% were aware of the AI-based system tools to automate or assist lawyers in law practice.
Analysis of Electronic Agreements Made by Minors in Ecommerce Transactions in The Perspective of Indonesian Positive Law Toumahu, Abdul Cholik; Anggraini, Reni
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.19584

Abstract

Validity agreements entered into by minors in e-commerce transactions from an Indonesian legal perspective. The current development of technology as we know it is increasingly rapid and pampers all its fans, in this case in digital business activities commonly known as E-commerce. Activities that can be carried out using an internet computer network make it easy for anyone who can do it, including children who are not yet legally capable. This research will discuss the validity of agreements made by children who are not yet able to carry out electronic transactions, whether they are considered valid or not, and the legal consequences for children who are not yet able to carry out e-commerce transactions. The purpose of this research is to find out whether minors agreeing can be considered valid in e-commerce transactions. The method used in this research is a literature review that examines and analyzes library materials using a statutory and conceptual approach. The results of this research will show us that the validity of agreements made by children who are not yet legally competent in e-commerce transactions can be considered valid as long as the agreement does not cause harm to the parties.
Contextuality of Negative Confirmation in E-Commerce Sales and Purchase Agreements Jamil, Nury Khoiril; Masitho, Nisa; Utari, Agustine Rossa Diah
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20080

Abstract

Transactions through digital platforms have become indispensable due to their diverse features. Nevertheless, based on the law of engagement, most e-commerce companies apply standard contracts in transactions. E-commerce typically safeguards consumer rights, including complaints, returns, and ratings. Consumer ratings, particularly in transactions of minimal economic value, do not influence the safeguarding of consumer rights. It is interesting to investigate whether a negative assessment or rating of goods receipt constitutes a default agreement or a reason for the cancellation of the agreement. This research aims to examine the implementation of pacta sunt servanda in sales and purchase agreements within e-commerce and to analyze its implications regarding negative confirmation in contractual relationships. The method used in this research was normative juridical with legislation and a conceptual approach. The results highlight that the principle of pacta sunt servanda in Indonesia is implemented strictly and cannot be intervened by anyone as long as it fulfills legal requirements and does not violate statutory regulations, satisfying legal certainty. The principle of pacta sunt servanda has binding status on the agreement entered into, carried out between sellers and consumers. Nevertheless, it is not based on the assessment given by consumers regarding dissatisfaction with transaction results, in which regulations do not guarantee complete legal protection for consumers for dissatisfaction with transactions through the features provided. Consequently, a substantive approach is needed in assessing agreements. Legal validity and legal certainty of contracts are also necessary, but the value of proportional justice is important.
Efforts to Eradicate Corruption through the Concept of Structural Legal Aid Hidayat, Hidayat
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.20916

Abstract

Corruption is a serious problem in the life of society and the progress of a nation. The impact is detrimental to the community, starting with not being able to enjoy development facilities, hampering economic growth, and so on. Therefore, seeing that this corruption problem has become a deadly virus, a precise concept is needed to solve it. That is through the concept of structural legal aid. The concept calls for community participation to eradicate corruption. In other words, people who are direct victims of corruption can advocate for corruption issues and cases. This concept aims to pick up, grab, and restore the rights of people who have been corrupted. So then, based on this corruption problem, an idea is offered to solve it. This research uses juridical-empirical research with a statute approach, a case approach, and a conceptual approach. Furthermore, to strengthen the ideas in this study, we interviewed people from the LBH-YLBHI Institute, SAHdaR Sumut, and other sources. In addition, this research will be supported by secondary data based on legal literature, documents, and others related to the theme of this research. The result of this research is that structural legal aid is able to eradicate corruption, which makes the community the main actor in eradicating criminal acts of corruption through education, prevention, and prosecution.
Disparity in Sentencing in Premeditated Murder Crimes to Provide Justice in Indonesia Gulo, Cornelius Dikae Zolohefona; Fahrurrozi, Fahrurrozi; Aviva, Faradistia Nur; Arkanbariq, Anantya Aliyya
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.21629

Abstract

Sentencing disparity is the imposition of different punishments for similar criminal acts without justification. Disparity of punishment is also found in several judges' decisions regarding premeditated murder, for example, Cassation Decision No. 1727 K/PID/2009 and Cassation Decision No. 922 K/Pid/2018. The two verdicts, in principle, addressed the case of premeditated murder; however, they rendered disparate and quite lame sentences for each defendant. This study aims to examine the punishments associated with criminal offenses and the factors causing the disparities in sentencing for premeditated murder in Indonesia. This study constitutes doctrinal legal research that examines secondary data, specifically judicial verdicts and legal statutes about premeditated murder. This study revealed that criminal sanctions were initially designed to inflict suffering on perpetrators who committed crimes. Ultimately, the objective of the sanctions evolved into a mechanism for educating perpetrators to prevent the recurrence of their actions. This study identified factors that cause disparities in sentencing for premeditated murder in Indonesia, precisely the defendant's type of culpability, motives and intentions behind the crime, intrinsic characteristics of the defendant, how the defendant executed the criminal act, and the potential impact of the sentence on the defendant's future. These factors can become sentencing guidelines that can serve as a guide and control for judges in formulating and imposing sentencing verdicts so that the sentencing can provide justice for all parties, both for victims, defendants, and the wider community.
The Effectiveness of Law Enforcement Against Smuggling of Imported Used Clothes: An Analysis Based on Positive Law in Indonesia Ridwan, Salwa Billa Mirza; Azhari, Aidul Fitriciada
Jurnal Penegakan Hukum dan Keadilan Vol. 5 No. 2 (2024): September
Publisher : Universitas Muhammadiyah Yogyakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18196/jphk.v5i2.22074

Abstract

This study examines the legal challenges surrounding the smuggling of imported used clothing in Indonesia, addressing factors such as geographical complexities, resource limitations, organized crime networks, and corruption within law enforcement agencies. The manuscript aims to answer key research questions through an exploration of international legal frameworks, including the United Nations Convention against Transnational Organized Crime and World Trade Organization agreements. The findings emphasized the necessity for enhanced infrastructure, technology, inter-agency cooperation, and anti-corruption measures to improve enforcement effectiveness. Education and international collaboration are proposed as vital strategies to combat cross-border smuggling networks. Ultimately, this research contributes novel insights into legal strategies needed to address the complex challenges of smuggling imported used clothing, ensuring comprehensive and sustainable solutions to safeguard national interests and public safety.

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