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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
 1 
Search results for , issue "Vol 3, No 2 (2021)" : 10 Documents clear
Perlindungan Hukum Bagi Pemegang Lisensi Game Online Di Banten Berdasarkan Undang-Undang Nomor 28 Tahun 2014 Tentang Hak Cipta Tri Dodi Setyawan
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.19737

Abstract

This study discusses the legal protection afforded to licensees against the act of pirating online games, as well as the legal remedies available to licensees.This research is expected to be useful as input for writers or other parties interested in analyzing legal protection for licensees. The normative juridical literature research method was used in this study, namely research that refers to legal norms found in the law, literature, expert opinion, and journals. According to the study's findings, there are legal remedies available to online game licensees in the event of piracy, including both litigation and non-litigation, and it can also be stated that in criminal cases of theft, it can be said to be theft due to taking rights that do not belong to Islamic law, namely the accusation of theft (sariqah). 
Pelaksanaan Asas Ketertiban Umum dalam Penetapan Arbitrease Internasional di Indonesia Studi Kasus: Putusan Mahkamah Agung Nomor 67 PK/Pdt.Sus-Arbt/2016 Muhamad Guntar Hariyudi
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20301

Abstract

This research aims to understand the causes of the difficulty in implementing the execution of international arbitration awards in Indonesia. Meanwhile, the State of Indonesia has recognized foreign arbitration decisions through Supreme Court Regulation No.1 of 1990. The research method used is a normative juridical approach using two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Supreme Court Decision Number 67 PK / Pdt.Sus-Arbt/2016 and PERMA Number 1 of 1990. Secondary sources of law refer to Cut Memi's book entitled International Commercial Arbitration Application of Clauses in District Court Decisions. The research results show that the Supreme Court's decision has rejected the implementation of international arbitration decisions because it is considered to have intervened in the legal system in Indonesia and has violated public order.Keywords: International Arbitration, Public Order Principles, Execution
Perlindungan Terhadap Masyarakat Yang Tinggal Di Sekitar Tower Telekomunikasi Menurut Hukum Ekonomi Syariah Iskandar Iskandar
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20507

Abstract

The presence of towers in the present era is needed to expedite the communication network. However, its existence has sparked various polemics and unrest among the public regarding legal protection and public safety due to the impact of the telecommunication tower. In sharia economic law, humans as individual beings have their respective rights in life, therefore they must receive equal treatment with their position in accordance with their rights. With a case study at Gampong Atuek Cut, Simpang Tiga Subdistrict, Aceh District, Aceh Province, the authors conducted research using an empirical juridical approach, field research, interviews. The result of this research is that the legal protection obtained by the community around the telecommunication tower is in accordance with statutory regulations. Arrangements for joint use of towers have been realized to achieve legal certainty and create uniformity aimed at realizing a comfortable life and sustainable economic development in order to improve the quality of life and the environment.Keywords: Community Protection, Tower, Sharia.
Tindak Pidana Pencurian dengan Pemberatan yang Dilakukan secara Bersama-Sama; Analisis Putusas Nomor 143/Pid.B/2015/PN.Dmk Chairunisa Chairunisa; Alfitra Alfitra; Mara Sutan Rambe
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20508

Abstract

The main issue in this study is the judge's inaccuracy in imposing criminal punishment on the perpetrator in a theft case using the weighting of Decision Number 143 / Pid.B / 2015 / PN.Dmk. In Decision Number 143 / Pid.B / 2015 / PN.Dmk, the study aims to identify and analyze the factors behind the occurrence of theft with weighting and consideration of the Judge in imposing crimes against the perpetrators. The findings of this study indicate that the factors underlying the occurrence of criminal acts of theft with weighting in the decision Number 143 / Pid.B / 2015 / PN.Dmk by AD as the perpetrator participated in committing theft with weight, namely economic factors because he was the backbone of the family and had to meet the necessities of life for himself and his family. Then, because all the elements in the primair indictment had been fulfilled, the Judge sentenced the perpetrator to the first charge, namely the perpetrator violating Article 363 Paragraph (1) 3rd, 4th, and 5th of the Criminal Code. The judge has made the right decision, namely trying the perpetrator with a criminal act of theft in burdensome circumstances, but the sentence handed down by the Judge is very minimal and lower than what is demanded by the Public Prosecutor because the perpetrator before committing the crime of theft with weight has just left the Penitentiary (Lapas) with embezzlement cases in Decision Number 133 / Pid.B / 2014 / PN.Pti and have already been convicted. Therefore, the sentence given to the perpetrator is not proportional to what he has done and the judge should also consider the impact and harm caused to the victim as a result of the perpetrator's actions.
Analysis of the Comparative Western Democracy, Pancasila Democracy, and the Concept of Shura; Study of the Book Manuscript "Democracy in Islamic Perspective by Ahmad Sukardja and Ahmad Sudirman Abbas" Nurhasan Nurhasan; Siti Ngainnur Rohmah
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20620

Abstract

Democracy that comes from the West is often juxtaposed with the concept of shura in Islam. The concept of shura is often seen as having an intersection with democracy. There are those who agree and there are those who are not in line with democracy. Those who agree with democracy argue that the value of democracy is universal and can coexist with Islam. The opinion that rejects an Islamic state (caliphate) and justifies democracy states that the legacy of the Islamic political system is based on the experience of the Caliphate with no standard standards. The author is interested and compelled to examine how Western Democracy, Pancasila Democracy, and the concept of Shura in an Islamic perspective? How do we compare the principles of western democracy, Pancasila Democracy and the concept of Shura in the book "Democracy in an Islamic perspective by Ahmad Sukardja and Ahmad Sudirman Abbas?" This study uses a qualitative research method, with a manuscript study approach. The results of this study state that Western Democracy and Pancasila Democracy in essence do not contradict the Shura principles, as long as the principles in them are in accordance with the essence of Islamic teachings. Western democracy is bound by equality of blood, race, language, and customs, whereas in Islam it does not see this bond as a barrier. Al-Qur'an and Al-Sunnah are more general in nature and cover all aspects of human life throughout the world. Meanwhile, Pancasila Democracy is only suitable for a country.Keyword: Western Democracy, Pancasila Democracy, Shura Concept, Islamic Perspective 
Panwaslih Sebagai Penyelesai Pelanggaran Administrasi Pemilihan Umum di Aceh Sutri Helfianti
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20509

Abstract

Dalam rangka untuk memastikan pemilihan umum berjalan sesuai dengan azas pemilu dan peraturan perundangan maka dibentuklah suatu komisi pemilihan umum yang bersifat nasional, tetap dan mandiri. Dalam sistem pemilu di Indonesia dikenal lembaga penyelenggara pemilu yang merupakan satu kesatuan fungsi, yaitu Komisi Pemilihan Umum (KPU), Badan Pengawas pemilihan Umum (Bawaslu) dan Dewan Kehormatan Penyelenggara Pemilihan Umum (DKPP). 
The Corruption Eradication Commission's Strategy for Reducing Corruption Crime in Indonesia Puji Handoyo; Mufidah Mufidah
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20728

Abstract

The existence of the Law on Eradicating Corruption (PPTK Law) became a hope for the Indonesian nation in eradicating corruption, but eradicating corruption cases continues to be difficult. Corruption is a disease that has infected the Indonesian people for a long time. Corruption has infiltrated all levels of government, including state-owned enterprises. This study investigates the risks of corruption to the Republic of Indonesia and the Corruption Eradication Commission's (KPK) strategy for reducing corruption in Indonesia. This study employs qualitative methods in conjunction with a literature and law approach. This study's data came from legislation, court decisions, legal theory, books, and legal journals. According to the findings of this study, the dangers of corruption in Indonesia resulted in four things: inefficiency, uneven distribution, stimulants (incentives) in an unproductive direction, and political alienation, community cynicism, and political instability. Strategies to reduce corruption through preventive efforts, such as law enforcement officials supervising various sectors, particularly the public sector, and establishing the National Action Plan to Eradicate Corruption (RAN-PK). Through education and religion, the prevention of criminal acts of corruption from the standpoint of Islamic law.
The Role of Workers Unions in the Effort to Fight for the Rights and Obligations of Workers in Companies Declared Bankrupt In Indonesia Yusman Yusman; Annissa Rezki; Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20513

Abstract

A trade union is a group of workers who band together to promote, protect, and improve their members' social, economic, and political interests through collective action. A trade union is a workers' organization formed to defend the destinies of workers. In the world of work, there are two parties, namely workers and employers. Workers/labourers as citizens have equal position in the law, the right to get a decent job and livelihood, express opinions, gather in one organization, and establish and become members of a trade/labour union. The right to freedom of association has also been recognized by the international community. Settlement of disputes between business actors cannot be separated from the application of business ethics which is an inseparable part of the business law environment and business practices itself. This writing uses a qualitative methodology, which in its translation will make it easier for the writer to analyze and convey the intent and purpose of writing that has been adjusted to the author's background and goals.
Perlindungan Hukum Konsumen dalam Perjanjian Jasa Pengiriman Barang pada PT. Tiki Jalur Nugraha Ekakurir Agen Bedahan, Sawangan, Depok, Jawa Barat Dio Dharmawan; Abdurrauf Abdurrauf
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20148

Abstract

The research focuses more on the procedures for conducting goods and service delivery agreements carried out by PT Tiki Jalur Nugraha Ekakurir as well as the process of compensation for goods and services delivery. The research method used in this research is normative juridical with a statutory approach and a conceptual approach to data sources obtained from primary legal materials, secondary legal materials and non-legal materials. From the results of this research, it can be concluded that according to Consumer Protection as stated in Article 1 Paragraph (1) of Law Number 8 Year 1999, consumer protection is any effort that ensures legal certainty to provide protection to consumers as regulated in Article 7 paragraph (7). ) Law Number 8 of 1999 concerning Consumer Protection which regulates the provision of compensation and compensation.Keywords: Consumer Protection, Delivery of Goods, PT. Tiki Nugraha Ekakurir Line
Pembuktian Tindak Pidana Penganiayaan Berat Dengan Rencana sebagai Unsur Kealpaan; Analisis Putusan Nomor: 372/Pid.B/2020/PN.Jkt.Utr. Wahyu Istiham Susanto
JOURNAL of LEGAL RESEARCH Vol 3, No 2 (2021)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v3i2.20491

Abstract

This research explains the evidence regarding the element of error in the form of deliberate and accidental Mens Rea in the indictment, resulting in a mismatch with the existing Actus Reus and causing the element of error in the form of deliberation to become an element of negligence. This study aims to determine the cause of Primair's indication not being fulfilled based on the elements of the defendant's guilt in Case Decision Number: 372 / Pid.B / 2020 / PN.Jkt.Utr. In particular, this research examines the application of the doctrine of deliberate error in the Decision on Case Number: 372 / Pid.B / 2020 / PN.Jkt.Utr. In addition, this study also discusses the application of elements of criminal evidence. The research method used is a normative-doctrinal approach by looking for the correct answer by proving the truth of the legal prescription written in the Criminal Code through a statutory approach and a conceptual approach. The results showed that the primair indictment could not be proven because there was a material failure in the legal element of proof that this occurred at the time of the accident implementation in the form of deliberate action that was not in accordance with the legal facts contained in the trial with the charges and indictments. The formulation of errors used in the Decision on Case Number: 372 / Pid. B / 2020 / PN.Jkt.Utr. and is seen as the basis for determining "punishment" for the defendant for refusing to commit the act, while guilt should be used as a basis for "condemning" the act. 

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