cover
Article Per Year (5 Year)
All
Home Page
OAI Link
Editorial Team
Contact
Reviewer
Google Scholar
Contact Name
Ari Fadli
Contact Email
jurnal.jih@gmail.com
Phone
+6285643130146
Journal Mail Official
jurnal.jih@gmail.com
Editorial Address
Master of Legal Science, Faculty of Law, Universitas Jenderal Soedirman 2nd Floor, Yustisia II Building
Location
Kab. banyumas,
Jawa tengah
INDONESIA
Jurnal Idea Hukum
Published by Universitas Jenderal Soedirman
ISSN : 24427454     EISSN : 24427241     DOI : http://dx.doi.org/10.20884/1.jih.2020.6.2.154
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Focus of JIH is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law science. We are interested in topics which relate generally to Law issues in Indonesia and around the world. Articles submitted might cover topical issues in Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Commercial Law, Constitutional Law, Civil Procedural Law, Adat Law, Environmental Law,and etc
Arjuna Subject : Ilmu Sosial - Hukum
Articles 5 Documents
 1 
Search results for , issue "Vol 10, No 2 (2024): Jurnal Idea Hukum" : 5 Documents clear
Enhancing Efficiency: The Use Of Electronic Signatures In Notarial Deed Siswanta, Anggitariani Rayi Larasati; Pambudi, Lintang Ario; Kupita, Weda; Wakhid, Nur; Legowo, Pramono Suko; Taufiq, Muhammad
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.529

Abstract

The use of electronic signatures for the parties in the notarial deed is still a matter of debate as to whether its validity is recognized or not. In practice, there are still many notaries who in signing a deed by the parties do not use electronic signatures because there is no clear arrangement regarding electronic signatures in notarial deeds. Therefore, the article will focus on the problem of the concept of electronic signatures that are in accordance with the laws and regulations and the validity of the use of electronic signatures in the partij akta. The research method is normative juridical with a statute approach and a conceptual approach. The results of this research are that basically electronic signatures have legal force and legal consequences as long as they meet the requirements regulated in the Electronic Information Electronic Law 2008 (Amendment 2016). However notarial deeds are not allowed to use electronic signatures according to Article 5 of the EIT Law 2008 (Amendment 2016). Notary as state officials must also create efficient public services by following existing technological developments by using electronic signatures to support e-government to create efficient public services. Therefore, the Government must also provide clear legal protection related to electronic signing for the parties in the notarial deed, mainly in the Notary Law and EIT Law.
Combating Prostitution as a Criminal Act of Human Trafficking through Penal Measures Sumiatin, Sumiatin
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.549

Abstract

Women and children are the most vulnerable groups in society who tend to become victims of prostitution. Prostitution is a form of criminal act of human trafficking. Trafficking in persons is a violation of human rights and is an extraordinary, organized, and transnational crime. This research aims to determine the prevention of prostitution as a criminal act of trafficking in persons through penal measures and to determine the formulation of criminal sanctions against perpetrators of criminal acts of trafficking in persons for sexual exploitation. This research is normative juridical research with statutory and conceptual approach methods as well as descriptiveanalytical research specifications. The findings in this article are that the change in the regulation of prostitution from the Criminal Code to the Trafficking Law (2007) occurred because of a change in the paradigm of prostitution from an ordinary criminal act to a violation of human rights, this increased criminal sanctions from the aspects of staff (type) and strafmaat (weight). The formulation of acts regulated in the Criminal Code and the Trafficking Law (2007) are similar in terms of the substance of the criminal act, namely that they both ensnare perpetrators who act as intermediaries or pimps in human exploitation. However, there are differences in the construction of the weight of the criminal sanctions. The Criminal Code provides criminal threats with an alternative system, which allows judges to choose between imprisonment or a fine. Meanwhile, the Trafficking Law (2007) applies the danger of cumulative sanctions, where perpetrators can be charged with imprisonment and a fine at the same time. The formulation of criminal sanctions against perpetrators of criminal acts of human trafficking in the Trafficking Law (2007) is formulated with the pattern of increasing the severity of criminal threats (staff at). The increase in the severity of the threat of criminal sanctions aims to provide a more optimal deterrent to perpetrators of criminal acts of human trafficking.
All Eyes on Papua: Deforestation of Indigenous Forests Wibawa, Firmansyah Wisnu Murti; Handayani, Sri Wahyu
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.533

Abstract

Every development impacts environmental changes, especially the exploitation of forest resources in managing and utilizing forest products, which affects these changes. In other words, exploitation of forest resources is a form of forest destruction. The Awyu Tribe indigenous community, accompanied by the Coalition to Save Papua Traditional Forests, is suing for an environmental permit for PT Indo Asiana Lestari (PT IAL) oil palm plantations. The indigenous people of West Papua firmly reject the plan to clear 36 thousand hectares of forest. If the project is implemented, the traditional forest, their livelihood source, will be lost, and their lives will be threatened. This research method uses a normative legal research approach. Who will search for, collect, and analyze qualitative, primary, and secondary legal materials with the aim of legal practice in the context of legal problem-solving? This approach has prescriptive characteristics, which assess what is right or wrong, appropriate or inappropriate. For the results of this research, a structured and careful framework is needed to handle this conflict. Therefore, the steps taken in conflict resolution must be wise and fair. In addition, conflict resolution policies must be able to take into account the aspirations and interests of local indigenous communities.Keywords: Customary forests; Environmental Permits; Indigenous communities
Concept and Legal Status of Underhand Marriages According to Indonesian National Law Jamil, Jamil
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.532

Abstract

Marriage is a means for humans to improve the quality and quantity of their lives. Thus, humans are very dependent on the institution of marriage, including the Indonesian people. Therefore, it is appropriate for the Indonesian people to protect it by placing its regulation in the 1945 Constitution. As a result, in addition to every citizen being guaranteed the right by the state to form a family through marriage, the state is also responsible for protecting the institution of marriage. However, this does not mean marriage can be conducted without discrimination due to various factors. As a result, it has encouraged many Indonesians to perform marriages outside the procedure such as underhand marriages. There are two problems in this study: 1) What is the concept of underhand marriage according to Indonesian national law? 2) What is the legal status of underhand marriage according to Indonesian national law? To discuss the two problems, a normative type of legal research is used, with secondary data sourced from library materials in the field of marriage law, while to obtain data the document study method is used, and data processing with the method of systematization. As for the approach, a statutory approach is used. The results and findings of this study are: that underhand marriages that have fulfilled certain pillars and conditions that have been determined in their respective religious laws are valid (legal) according to Indonesian national law. From these findings, the author concludes that;  1) An underhand marriage is a marriage between a man and a woman, which fulfills the pillars and conditions stipulated in their respective religious laws and laws and regulations, but is not recorded at the government agency authorized to do so; 2) The legal status of underhand marriage, seen from Indonesian national law, is a legal institution (legal) according to Indonesian national law. Suggestions that can be given by the author are: that if 1) It is important to socialize the concept of underhand marriage to the community so that they understand the pillars and conditions, so that they do not consider it equivalent to an unofficial relationship (kumpul kebo), 2) It is necessary to improve marriage regulations, especially Law No. 1 of 1974. The government's 2019 efforts that only focus on the marriage age limit are inadequate; the practice of underhand marriage also needs attention. If revision is difficult, the government must educate the public about Supreme Court Jurisprudence No. 57 K/Pdt/2005, which states that couples without a marriage certificate are still considered husband and wife if they are registered on one family card.
Doxing in Cyberspace Based on Law No. 27 of 2022 on Personal Data Protection Wahyudi, Endik; Adilah, Daffa
Jurnal Idea Hukum Vol 10, No 2 (2024): Jurnal Idea Hukum
Publisher : MIH FH UNSOED

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jih.2024.10.2.550

Abstract

One of the negative impacts of technological advancement is the rise of cybercrimes, including doxing. Doxing refers to the act of publicly disclosing someone's data online without permission, with the intention to intimidate or damage their reputation. To address this issue, Law No. 27 of 2022 on Personal Data Protection was enacted, although the law still has gaps, particularly in relation to doxing acts. This study aims to examine how doxing is regulated under this law and the sanctions imposed. The method used in this study is a normative juridical approach and the Statute Approach. The results show that Law No. 27 of 2022 on Personal Data Protection can effectively handle the unlawful collection and disclosure of personal data. However, it is still inadequate in addressing the malicious intent behind doxing itself. The lack of this element creates a legal gap in the law, as judges may have to rely on legal interpretation principles. However, this approach must be balanced with the principle of legality, which requires that laws be unambiguous to avoid arbitrary punishment. Another area for improvement in the law is the absence of a minimum penalty for violators. Although the law stipulates a maximum penalty, more than a specific minimum penalty is needed to allow for a wide range of sentences, which may lead to inconsistencies in sentencing. By incorporating a specific minimum penalty, the law could provide more effective deterrence, ensure consistent punishment, and restore a sense of justice for victims and society.Keywords: cyberspace; doxing; personal data protection

Page 1 of 1 | Total Record : 5

 1 

Filter by Year

2024 2024


Reset
Filter By Issues
All Issue Vol 11, No 2 (2025) Vol 11, No 1 (2025): Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum0 Vol 10, No 2 (2024): Jurnal Idea Hukum Vol 10, No 1 (2024): Jurnal Idea Hukum Vol 9, No 2 (2023): Jurnal Idea Hukum Vol 9, No 1 (2023): Jurnal Idea Hukum Vol 8, No 2 (2022): Jurnal Idea Hukum Vol 8, No 1 (2022): Jurnal Idea Hukum Vol 7, No 2 (2021): Jurnal Idea Hukum Vol 7, No 1 (2021): Jurnal Idea Hukum Vol 6, No 2 (2020): Jurnal Idea Hukum Vol 6, No 1 (2020): Jurnal Idea Hukum Vol 5, No 2 (2019): Jurnal Idea Hukum Vol 5, No 1 (2019): Jurnal Idea Hukum Vol 4, No 2 (2018): Jurnal Idea Hukum Vol 4, No 1 (2018): Jurnal Idea Hukum Vol 3, No 2 (2017): Jurnal Idea Hukum Vol 3, No 1 (2017): Jurnal Idea Hukum Vol 2, No 2 (2016): Jurnal Idea Hukum Vol 2, No 1 (2016): Jurnal Idea Hukum Vol 1, No 2 (2015): Jurnal Idea Hukum Vol 1, No 1 (2015): Jurnal Idea Hukum More Issue