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Analysis of Local Culture of Sea Alms Ceremony in Cilacap Regency in the View of Islamic Law
Putra, Meli Aji Syah
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1055
Islam, is one of the plurality of religions that has a definite law that comes from Allah SWT or known as Islamic law. Talking about Islamic Law which is a rule held by God for his people who are brought by a Prophet Muhammad SAW, both laws related to beliefs and laws related to actions carried out by all Muslims. The sea alms ceremony is one of the heritages in the form of ceremonial activities that not everyone carries out, but only certain people who have an interest in it. In the southern sea area, the Sea Alms Ceremony in Cilacap is also carried out by giving various offerings to the one who controls the southern sea known as Nyi Roro Kidul. The purpose of this research is to find out and analyze the local culture of the Sea Alms Ceremony in Cilacap Regency according to the views of Islamic Law and to find out the factors that hinder the practice of Islamic Law in the implementation of the Local Culture of the Sea Alms Ceremony in Cilacap Regency. This research on the Analysis of the Local Culture of the Sea Alms Ceremony in Cilacap Regency is a normative juridical research because this research must find data from studying document studies, namely using various secondary data such as laws and regulations, court decisions, and Islamic legal theory.
Juridical Review of the Crime of Car Rental Embezzlement in Banyumas Regency
Nurain, Ayu Hasry
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1056
The crime of embezzlement of rental cars that has recently occurred is very troubling to car rental owners. This is a problem where the meaning of a rule of law if crimes committed by the community cannot be followed by the rule of law, such as crimes by embezzlement is one of the types of crimes against human property regulated in Article 372 of the Criminal Code. Therefore, law enforcement against the crime of embezzlement of rental cars must be resolved thoroughly with justice, as well as for the creation of good and fair law enforcement before the law. The research objectives are as follows: 1) To find out how law enforcement related to the crime of embezzlement of rental cars. 2) To find out how the perpetrator's responsibility for the crime of embezzlement of rental cars. This research uses a normative juridical approach, which is used to make clear, systematic and precise descriptions of the facts / characteristics of certain regions and populations which are then analyzed to obtain the desired facts. The research method used: literature study by reading books, studying, quoting, analyzing what is obtained from book literature. The result of this research is the application of Article 372 of the Criminal Code in the criminal act of embezzlement of rental cars where the criminal act committed by the tenant against the rental goods belonging to the rental owner is due to an abuse of trust where the criminal act of embezzlement is regulated in the provisions of Article 372 of the Criminal Code.
Fulfillment of Accessibility Rights of Consumers with Disabilities in Banking Services
Alkafi, Daffa
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1057
Accessibility in public services should be owned in every public service building facility to make it easier for people with disabilities to carry out public service activities. The problem behind the author is the difficulty of persons with disabilities in accessing banking services where the rights of persons with disabilities as stipulated in Law Number 4 of 1997 concerning Persons with Disabilities, Law Number 25 of 2009 concerning Public Services, Financial Services Authority Regulation Number 1 of 2013 concerning Consumer Protection in the Financial Services Sector, and Law Number 8 of 2016 concerning Persons with Disabilities states that financial service business actors are required to provide accessibility for persons with disabilities. The author formulates two problems, namely: how is the regulation of accessibility rights for persons with disabilities as a form of protection provided by the state and how are the accessibility rights for persons with disabilities in conducting public services in banking. The method used in this writing is a normative legal writing method that uses a legislative approach and literature study. This writing concludes that accessibility rights for persons with disabilities have been guaranteed by the state, especially in public services. Accessibility is needed by persons with disabilities in carrying out all their activities, especially in terms of public services in banking.
Juridical Review of the Position of Power of Sale as a Transfer of Land Rights (Analysis of Decision No. 529/PDT/2021/PT SMG)
Anggita, Dewi
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1058
The transfer of land rights can be done through a sale and purchase process by the parties to the agreement. The sale and purchase can be through a power of sale, where the party in the sale and purchase agreement can represent another person through a power of sale to carry out legal actions. In case No. 529/PDT/2021/PT SMG, which had previously been decided by the District Court in decision No. 8/PDT.G/2020, the Plaintiff claimed and stated that he was the legal owner of the lands. However, in practice, the Plaintiff has given and released with a Power of Attorney to Sell and was not considered by the Panel of Judges. This study aims to determine the position of Power of Sale in Indonesian treaty law and to determine whether a Power of Sale can be the basis for the transfer and replacement of land rights. The method used in this research is normative juridical legal research using Library Research techniques. The results of the research findings reveal that based on Article 1792 of the Civil Code formulates the granting of power of attorney as an agreement between a person as a grantor with another person as a proxy, to carry out an act or action on behalf of the grantor. So that this power of sale can also be used in terms of land transfer.
Review of the Role of Forensic Medicine in Sexual Violence Crime Cases
Rohmah, Ditya Nisa
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1059
The crime of embezzlement of rental cars that has recently occurred is very troubling to car rental owners. This is a problem where the meaning of a rule of law if crimes committed by the community cannot be followed by the rule of law, such as crimes by embezzlement is one of the types of crimes against human property regulated in Article 372 of the Criminal Code. Therefore, law enforcement against the crime of embezzlement of rental cars must be resolved thoroughly with justice, as well as for the creation of good and fair law enforcement before the law. The research objectives are as follows: 1) To find out how law enforcement related to the crime of embezzlement of rental cars. 2) To find out how the perpetrator's responsibility for the crime of embezzlement of rental cars. This research uses a normative juridical approach, which is used to make clear, systematic and precise descriptions of the facts / characteristics of certain regions and populations which are then analyzed to obtain the desired facts. The research method used: literature study by reading books, studying, quoting, analyzing what is obtained from book literature. The result of this research is the application of Article 372 of the Criminal Code in the criminal act of embezzlement of rental cars where the criminal act committed by the tenant against the rental goods belonging to the rental owner is due to an abuse of trust where the criminal act of embezzlement is regulated in the provisions of Article 372 of the Criminal Code.
The Urgency of General Principles of Good Governance in the Continuity of Population Administration Activities
Widoyo, Effi Awiska Putri
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1060
Population administration activities cannot be separated from government intervention. This is in line with one of the main government functions, which is to provide public services as a form of general government duties to realize public welfare. The performance of the central and local governments must be in accordance with the General Principles of Good Governance to be in line with the interests of the community. To optimize Population Administration Services for Making Electronic Identity Cards (KTP el) requires an understanding of the principles contained in the General Principles of Good Government. The general principles of good governance can be understood as general principles that are used as the basis and procedures for proper government administration. In addition, it is also necessary to consider the factors inhibiting the making of Electronic Identity Cards (KTP el) in order to obtain appropriate improvement efforts. The method used is a qualitative approach with reference to Good Government Theory. The results of the study can be concluded that the population administration service of KTP el has been running, but it is not in accordance with the application of good service principles and there are still several obstacles faced.
Juridical Review of Online Fraud Under the Guise of Payment of Insurance Guarantee Funds in Indonesia
Krisdiyanti, Ferina
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1061
The modes of operation of crime are increasingly diverse, one of which is online fraud. Particularly in economic activity around the world, transactions take advantage of the internet, which is popularly known as trading via the internet (e-commerce). In this article, the author discusses online fraud and the mode of payment of insurance funds in Indonesia. This fraud mode usually acts on behalf of JNE expedition services and takes advantage of the buyer's security in the JNE insurance calculation system. This study aims to explain the factors that lead to online fraud in Indonesia and to describe efforts to enforce and prevent online fraud with the insurance fund mode in Indonesia. The problems faced are: what are the factors that cause online fraud in Indonesia, and how are efforts to enforce and prevent online fraud by companies and the government in an integrated manner in Indonesia? Data were taken from secondary and primary sources in the form of online surveys and reports and studies from related institutions such as the police, the Indonesian Telecommunications Regulatory Body (BRTI), and the Association of Indonesian Internet Service Providers (APJII) with data collection and analysis methods. So based on this research, it is known that there are many factors that influence online fraud and follow-up that can be taken by the government according to applicable regulations so that it can have a good impact on the community to avoid cybercrime, especially online fraud.
Legal Analysis of the Enforcement of Two Mortgage Rights on One Land Certificate as a Credit Collateral Object
Wibowo, Fitri Mustikaning
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1062
The Civil Code provides two collateral institutions that can be used by the community, namely pawn and mortgage. Along with the development of law in Indonesia, there are two new collateral institutions, namely mortgages and fiduciaries. The definition of mortgage rights according to Article 1 point 1 of Law Number 4 of 1996 concerning Mortgage Rights on Land and Objects Associated with Land is a security institution attached to the object in the form of land rights. In practice, one land object can be charged by more than one mortgage right. This research aims to find out and analyze the laws and regulations in Indonesia that regulate the encumbrance of more than one mortgage right on a land object and understand the technical auction of a land object encumbered by more than one mortgage right. This research is written using the normative juridical method through the Law and case approach with binding primary legal materials and secondary legal materials as references. The result of this research is legal certainty against debt repayment with land object collateral that has been encumbered by more than one mortgage.
Law Enforcement of Child Maltreatment Committed by Parents According to the Criminal Code
Pradani, Inka Indah
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1063
Violence against children committed by parents according to Law Number 35 of 2014 concerning child protection originates from cases of violence against children in Indonesia from time to time, which continue to occur and increasingly take various forms. As is known, children are the successors and assets owned by the nation that will maintain, and realize the ideals of the nation. Criminal acts are behaviors that violate the law, and sanctions will be given to the perpetrators who commit them. This problem is related to the factors that cause violence against children, and violence against children is not only caused by the factor of miseducation from parents. This article aims to find out what causes violence against children by parents and ways to prevent violence against children by parents. So it can be concluded that the factors that cause violence against children committed by parents are generally due to the negligence of parents and children themselves, economic factors, and environmental factors where the role of the community is lacking in preventing violence against children committed by parents.
Legal Protection for Minors who are Victims of Criminal Sexual Abuse Committed by Their Own Biological Father (Case Study in Kedadi Village, Lebaksiu Subdistrict, Tegal Regency)
Lestari, Siti Duwi
Proceedings Series on Social Sciences & Humanities Vol. 14 (2023): Proceedings of International Conference on Legal Studies (ICOLAS 2023)
Publisher : UM Purwokerto Press
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DOI: 10.30595/pssh.v14i.1064
Sexual abuse of minors is a serious and complex issue in today's society. This research aims to analyze the impact of sexual abuse on minors and explore effective countermeasures. This research uses a qualitative approach with a case study method to gain an in-depth understanding of the issue. The research involved participants of child victims of sexual abuse, their families, as well as professionals and parties involved in handling these cases, such as child protection agencies, police, and hospitals. Data were collected through in-depth interviews, observation, and analysis of relevant documents. The results of this study provide insights into the psychological, social and emotional impacts experienced by child victims of sexual abuse. These findings are integrated with the perspectives of families and professionals involved in handling these cases. In addition, this research also explores the coping strategies that have been put in place and the challenges faced in an effort to provide protection, recovery and justice for child victims. By understanding the impact experienced by victims of sexual abuse and looking at the challenges faced in handling these cases, this research provides valuable insights for professionals and practitioners involved in social work, child protection, psychology and law. It is hoped that the findings of this study can serve as a foundation for the development of more effective policies and intervention programs that can help prevent child sexual abuse and provide better protection for affected victims.