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Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

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Published by Gapenas Publisher

ISSN : 27979598 EISSN : 27770621 DOI : https://doi.org/10.53363/bureau

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance editorials, reviews, research articles and short communications on following topics: Social-Political Governance 1. Election and Political Parties, 2. Democracy and Local Politics, 3. Decentralization Autonomy, 4. Bureaucracy, 5. Policy Studies, 6. Digital Government, 7. Village Government, 8. State and Business Relation, 9. Sociopreneur. LAW 1. Legal Sociology, 2. Legal History, 3. Criminal Law, 4. Civil Law, 5. Government Law, 6. Business Economic Law, 7. International Law, 8. Sharia Economic Law,

Arjuna Subject : Ilmu Sosial - Hukum

Articles 697 Documents

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PERSPEKTIF UU NO. 24/2009 TERHADAP LEGALITAS KONTRAK BISNIS INTERNASIONAL YANG BERMODEL MONOLINGUAL ASING Encep Mindar R; Elan Jaelani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 1 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.136

The development of contracts in international business contract currently has implications for existing legal arrangements, especially arrangements within the scope of business law. New aspects in the scope of international business really need attention, onee of which is uthe uuse of language in ann international business contract. The use of language in international business contracts is a separate concern considering that this aspect is one of the mostt importantt parts that will have a direct impact on the implementation of a business contract. This legal research uses a normative juridical method. The resultsf of the researchy in this papero show that afterx the Law No.24/2009 existed, arrangements regarding the use of Indonesian in international business contracts have been regulated as in article 31. However, this article does not contain strict sanctions against violators, giving rise to legal uncertainty

PERLINDUNGAN HUKUM TERHADAP KONSUMEN KARTU SIM YANG MENGALAMI KEBOCORAN DATA AKIBAT PERETASAN Fadhi Khoiru Nasrudin; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.137

The development of the internet cannot be separated from the development of the concept of personal data. Information technology today has developed very quickly and rapidly. This is because information technology is able to eliminate the boundaries of space, distance and time so as to significantly increase aspects of productivity and efficiency. The presence of digital crime has developed into a threat to human life, making it difficult for public authorities to know the strategies for violations committed with computer innovation, especially internet networks. So the main problem in this research is whether the Personal Data Protection Law can protect SIM card consumers against hacking of personal data? Data protection is a term that is often used to refer to binding practices, safeguards and rules put in place to protect personal data and ensure that the data subject remains in control. Article 12 paragraph (1) Personal Data Subjects have the right to sue and receive compensation for violations of processing Personal Data about themselves in accordance with statutory provisions. The approach to this problem is to use a method that reviews the regulations and provisions that have been in force and are often followed by the community. Therefore, the type of research used includes normative legal research

HASIL REKAMAN SUARA SEBAGAI ALAT BUKTI YANG DIMILIKI OLEH KORBAN TINDAK PIDANA Firza Nafira Attamimi; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.138

Many cases in Indonesia use voice recordings as evidence. However, many people do not understand very well whether the voice recording can be used as evidence. Voice recordings can be used as evidence depending on how to obtain them. Evidence has been regulated in the Criminal Procedure Code. However, it is not explained about the evidence in detail, especially evidence of voice recordings that use electronic media. In the Law of the Republic of Indonesia Number 19 of 2016 About Changes For Law Number 11 of 2008 concerning Information and Electronic Transactions of voice recordings has been regulated in it. But the rules are vague and not detailed. Thus it is necessary to conduct research related to the strength of sound recording evidence in solving criminal cases. The author will explain the power to validity of sound recording evidence. The research method used by the author normatively is based on the relevant Laws and Regulations. The author also uses the method of the Law and conceptual approach, and the technique of collecting legal materials taken through literature studies

PENEGAKAN HUKUM TINDAK PIDANA CYBERPORN DI APLIKASI MEDIA SOSIAL BIGO LIVE: STUDI DI DITRESKRIMSUS POLDA JATIM Elvaretta Helsa Salsabilla; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.139

The development of internet technology at this time is one of the most popular ones, especially among teenagers. But not a few of them make the internet a new means to commit crimes against decency, namely cyberporn crimes. Cyberporn is a form of pornography that can be accessed online through an internet network. Enforcement of cyberporn criminal acts is regulated in the Law of the Republic of Indonesia Number 11 of 2008 Jo Law Number 19 of 2016 concerning Electronic Information and Transactions; Law No. 44 of 2008 concerning Pornography and the Criminal Code on Pornography. The problems studied in this study are: (1) How to expand the meaning of pornography in the Bigo Live social media application. (2) How to prevent cyberporn crimes on social media based on live streaming video. The research methods used are qualitative approaches and types of sociological juridical or empirical juridical research. Data obtained by conducting interviews, literature studies and questionnaires. The results of the research from this study are: (1) The importance of the role of law enforcement officials in conducting law enforcement in Indonesia in cyberporn crimes based on live streaming video. (2) Efforts to prevent cyberporn crimes that are rife on the Bigo Live application and by using criminal policies so that they do not happen again with other cases and make the public even more aware of cyberporn crimes. The conclusion of this study is (1) Abuse in the Bigo Live application which still has a lot of content containing pornographic elements has violated the ITE Law, the Pornography Law and the Criminal Code and because there are still many misinterpreters, a Joint Decree on Implementation Guidelines for certain articles in the ITE Law (2) Prevention efforts carried out for cyberporn crimes by carrying out criminal policies using two paths, namely penal facilities and non-piration facilities

NOODWEER DAN NOODWEER EXCES TERHADAP PELAKU TINDAK PIDANA PEMBUNUHAN Elvira Puspa Anggraeni; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.140

As a state of law, Indonesia is obliged to implement everything based on the applicable rules. No exception related to criminal acts, mistakes and also liability in accordance with applicable law. The material truth that is the value of a trial process will correlate with a person's criminal responsibility. One of them is in the case with Decision Number: 867/Pid.B/2021/PN.Jkt.Sel on behalf of the Defendant Fikri Ramadhan, who committed the murder of four FPI members in order to carry out his duties as members of the police. In order to look further into this case, the researcher formulates the problem formulation, namely how are the qualifications of noodweer and noodweer exces in criminal liability related to the crime of murder. This study uses normative legal research to find solutions to legal problems in this study. The conceptual approach and the legal approach are used by researchers as an approach method in this study. The results of this study found that Noodweer and Noodweer exces have been regulated in Article 49 of the Criminal Code. Noodweer and noodweer exces have similarities in the sense of carrying out a self-defense because of an attack that is against the law, against the body, wealth and honor of morality to either yourself or others. While between the two there is a difference, in this case the noodweer exces case there is a great mental shock experienced by the perpetrator. In the case of criminal acts in the a quo case, the murder committed by the defendant falls into the category of self-defense and self-defense that goes beyond the limits. This is because at the time of the incident the defendant experienced a very large psychological shock due to the threat of strangulation and the pointing of a firearm made by the perpetrator against the defendant and his partner, in their self-defense efforts

IZIN PRAKTIK TENAGA KESEHATAN TRADISIONAL KOMPLEMENTER YANG BERKEPASTIAN HUKUM Farra Adiba S; Yovita Arie Mangesti
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.141

A license to practice complementary traditional medicine is the granting of a license to an individual or entity that establishes a health service facility. Everyone who provides complementary traditional medicine services is required to have a practice license. This legal research aims to determine the regulation regarding the license to practice complementary health workers in providing health services in the field of complementary traditional health. The type of research used is normative legal research. The approach used is using the legal approach (statute approach) and the conceptual approach (conceptual approach). Based on this research, shows that the regulation of the practice of complementary traditional health workers refers to the Minister of Health Regulation Number 15 of 2018 concerning the Implementation of Complementary Traditional Medicine. Independent practice must have a practice permit marked by having STRTKT and SIPTKT. As for the agency that establishes (Griya Sehat), it must have an operating permit, where the permit is granted by the district/city health office. On the other hand, with a legal practice permit, traditional complementary health services can be accounted for their benefits and safety so that a health worker can be held accountable for the services provided. In this case, the Government must also regulate and supervise the safety, interests, and protection of clients

PEMBERIAN REMISI BAGI PELAKU TINDAK PIDANA KORUPSI Alfiana Dwi Putri Maesty; Hari Soeskandi
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.142

The Corruptionf Eradicationf Law specificallyf regulatesf its ownf proceduralf law forf law enforcement fperpetrators of criminal cts of fcorruption. Broadly, the fhandling of fcorruption is distinguished from thef handling of other special crimes. This ftype fof fresearch is ffnormative legalf research, namely research conducted by reviewing legal materials obtained through library research. In normative research, the written law is studied from several spects such s philosophical theory, fcomparison, fstructure or composition, fconsistency, fgeneral explanationf nd explanation of each rticle, formality, nd binding power of law nd the language used is legal language. In the end, the criminal verdicts handed down by judges on corruption convicts will not be right on target, because the deterrent effect fthat fwas intendedf to be given to the corruption convicts to carry out self-improvement has not been chieved, because the convict can continue to experience reduction in his prison term nd the purpose of the sentence is not chieved. This lso pplies to prospective corruptors who see that remission will be tool to get out of prison easily so that the element of punishment, which is useful for scaring someone from committing crime will be reduced nd in the end it is feared that the increase in corruption will be difficult to contain. . In ddition, the Indonesian Correctional System ctually means fostering prisoners who have integrity with the community nd lead to the integrity of life nd livelihood. Correctional s process of moving by stimulating the emergence nd development of self-propelling djustment towards personal development through its own ssociations djusting to the integrity of life nd livelihood. Reducing the period of detention which will reduce the effect lso reduces the important essence of the penitentiary system, namely the period of detention is period of development, given the characteristics of this extraordinary crime of corruption

PERTANGGUNGJAWABAN PIDANA PELAKU PELECEHAN SEKSUAL PENGIDAP FETISHISTIC DISORDER: STUDI PUTUSAN MAHKAMAH AGUNG NOMOR 2286/PID.SUS/2020/PN SBY Dwi Alfiyatussa Diyah; Ahmad Mahyani
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.143

The purpose of this study is to identify and explain the criminal responsibility for perpetrators of sexual harassment with Fetishistic disorder also analyze the conformity of the criminal responsibility received by the perpetrators with Law Number 19 of 2016 on Information and Electronic Transactions. This research was using normative legal methods with statutory approach, conceptual approach originating from primary source in the form of statutory regulations, secondary and tertiary sources from related legal literature. The results of this study are the equating of Fetishistic disorder with the crime of sexual harassment in the form of obscenity as stated in the Criminal Code. The consideration used is the perpetrator's actions which clearly break the norms of decency. The actions taken by the perpetrator are carried out consciously and they know the impact of their actions. In accordance with article 44 of the Criminal Code, the perpetrators have to be responsible for their actions. Because the actions taken by the perpetrators involved technology so it will be a special kind of crime. Thus, the judge considered Article 27 paragraph (4) in conjunction with Article 45 paragraph (4) and/or Article 29 in conjunction with 45B of the Electronic Information And Transactions Law in deciding this crime

ANALISIS KEWAJIBAN KEPESERTAAN SISTEM BPJS KESEHATAN Shella Virgina Umma Al Asyari; Budiarsih Budiarsih
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.144

The National Health Insurance is a government policy in the health sector that aims to realize the provision of proper health insurance for all people. In Indonesia, BPJS is the only institution designated to carry out the goals of JKN, so that people are required to become BPJS participants through regulations mandated by the government but in the implementation of these obligations there are many challenges or problems. On this basis, this research focuses on. How is the problem of BPJS Health membership obligations from the perspective of justice. The method used is the method of analysis, this type is normative legal research conducted to examine secondary legal materials, also using the approach method, namely the statute approach and the conceptual approach, which will provide recommendations as input material for revising laws or the health system. The results of the study found that among the poor who could not register themselves as BPJS Kesehatan members, health insurance from the state for the community was still found to be inequitable. Administrative problems and health services provided, the existence of a management system that is not linear with the needs of the community has the potential to cause injustice that is accepted by the community

PERLINDUNGAN KONSUMEN TERHADAP PRODUK MAKANAN TANPA SERTIFIKASI HALAL YANG DIJUAL MELALUI MEDIA LAYANAN GOFOOD Aris Firman Hidayat; Rosalinda Elsina Latumahina
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 2 No. 1 (2022): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v2i1.145

Cases of rampant problems regarding halal-labeled food products in Indonesia that are not yet clear about their halal status, show that various products in Indonesia have included a halal label on a product, but the product does not have halal certification from the Ministry of Religion, which means that the initiative from the producer, so that the product is not yet clear about its halal. In this increasingly modern era with all the technology, there has been a change in the marketing of a food product, especially for the Indonesian people, with this technology making everything in society faster and more efficient, including in terms of food marketing. The existence of this technology has provided marketing opportunities for businesses to trade food products online. The online media that is often used by the public to meet their food needs is through the Gofood application service media. Because it can be a great opportunity to trade food products easily. In this research, it examines the laws and regulations relating to the halal food products sold through the Gofood service media

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Contact Name Yudi Nur Supriadi

Contact Email admin@gapenas-publisher.org

Phone +6285885400000

Journal Mail Official admin@gapenas-publisher.org

Editorial Address Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location Kota tangerang, Banten INDONESIA

Abstract

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Contact Name
Yudi Nur Supriadi

Contact Email
admin@gapenas-publisher.org

Phone
+6285885400000

Journal Mail Official
admin@gapenas-publisher.org

Editorial Address
Gg. H.Ridan No.48 RT. 002/002 Kelurahan Poris Plawad Indah Kecamatan Cipondoh Tangerang

Location
Kota tangerang,

Banten

INDONESIA