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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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PERTANGGUNGJAWABAN HUKUM ANAK PELAKU TINDAK PIDANA PEMBUNUHAN YANG MENGALAMI POST TRAUMATIC SYNDROME DISORDER Aji Wahyu Santoso; Erny Herlin Setyorini
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.v3i1.189

Legal protection for children in conflict with the law is specifically provided by the state in the form of restorative justice through diversion. The process of resolving cases using diversion is a diversion from the judicial process to outside the judiciary. This study uses a normative method with a statutory, conceptual and case approach with decision number 9/pid.sus-anak/2020/pt dki. A 14 (fourteen) year old female teenager kills a 5 (five) year old toddler, the perpetrator who has Post traumatic syndrome disorder. Post traumatic syndrome disorder is a psychological disorder in a person after experiencing a traumatic event in his life that causes ongoing psychological stress. The judge in imposing a sentence must pay attention to the child's needs because the Law on the Juvenile Criminal Justice System must emphasize education children and moral development. A criminal decision cannot be imposed solely on the basis of a legal basis, because the values ??of justice and truth are not sufficient to compensate for losses caused by legal actions or correctness. Elements such as social, psychological, criminological, and philosophical considerations must also be examined, apart from the reasons why the perpetrator committed the crime

PENERAPAN SANKSI YANG TEPAT TERHADAP PENGGUNA SEPEDA YANG MELANGGAR ATURAN LALU LINTAS Fransiska Rambu Kudu; Hari Soeskandi
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.v3i1.190

Traffic violations are the problem that often occurs and can endanger other road users’ safety. Along with technological development, the number of bicyclists has also increased. This enhancement became a trigger for violations committed by bicyclists on the highway. The enhancement of bicyclists is not accompanied by a sense of awareness and safety in driving and often ignores the traffic rules that have been settled. Not only that, the lack of a sense of discipline also causes the bicyclists to become perfunctory to the traffic rules. Based on these explanations, the objective of this research is to find out the most appropriate punishment for the bicyclists that break the traffic rules, so they could obey the traffic rules that applied based on the law and how these laws can be applied in society

PERLINDUNGAN HUKUM KORBAN PENCURIAN DATA PRIBADI (PHISHING CYBERCRIME) DALAM PERSPEKTIF KRIMINOLOGI Akbar Galih Hariyono; Frans Simangunsong
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.v3i1.191

Phishing Cybercrime is a crime of criminal acts committed on internet technology (cyber space), both attacking public facilities and private facilities. crime Phishing cyber is an unlawful act committed using the internet based on the sophistication of computer and telecommunications technology. Activities Phishing cybercrime can be carried out at any location or even between countries. crimes Phishing cybercrimes such as hacking, sharing personal information and counterfeiting credit cards. Actors Phishing themselves are called hackers. Hackers have the knowledge and ability to master and apply programming languages. This ability is obtained hackers in various ways, including by learning from experts or self-taught. In a criminological perspective, phishing cybercrime occur because of 2 (two) important factors, namely Technical Factors and Economic Factors which can cause phishing cybercrime to occur. Legal protection regarding cybercrime phishing has been regulated in the ITE Law and the Personal Data Protection Law. Phishing cybercrime still cannot be completely eliminated. The existence of this law can at least reduce the amount of cybercrime in Indonesia

PERLINDUNGAN HUKUM KLIEN NOTARIS AKIBAT PENYALAHGUNAAN DATA PRIBADI OLEH FREELANCE Fahmi Nugraha; Rosalinda Elsina Latumahina
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.v3i1.192

Notary as a public official who is given authority by the government in terms of making authentic deeds and is responsible for making authentic deeds to guarantee legal certainty in carrying out an agreement. In carrying out its authority, a Notary requires the assistance of a workforce that can be called a Notary's employee or staff. Because a Notary must be careful in carrying out his services because the negligence, he makes can cause legal problems in the future so that the Notary can be confronted in court proceedings. However, apart from notary employees who work within the scope of the notary's own office, there are also freelancers who also assist the notary in completing the obligations and authorities as a notary. Not bound by work agreements with freelancers, it will be difficult for a notary to supervise freelancers in carrying out their duties. By bringing important documents of Notary clients, these freelancers are very easy to misuse them. In the current era of technological advances, personal data is vulnerable to misuse by only using the internet, even though personal data is true and real personal information and is inherent in a person. In this study, the authors use a type of normative legal research. Normative legal research is legal research conducted by examining literature or secondary data. The results of the study show that the legal relationship between a notary and a freelancer is the existence of a power of attorney given over the files delegated to the freelancer. In Article 1797 of the Civil law, it is also explained that the recipient of the power of attorney is not allowed to do something that goes beyond his power. He can only exercise the power given to complete an interest. For this reason, it can be noted that the granting of this power only covers management limits. The protection of notary clients due to misuse of personal data by freelancers is entirely the responsibility of the freelancers themselves because they have exceeded what has been authorized

UPAYA PERLINDUNGAN HUKUM BAGI KURIR MITRA KERJA DALAM PROSES LAYANAN CASH ON DELIVERY (COD) Febronia Juniati Sanjaya; Krisnadi Nasution
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.v3i1.193

At this moment, business transactions can be done remotely or online, such as through the Grab application. Even though it is done online, payment for business transactions through Grab can be paid in cash when the goods have been received by the buyer, called the Cash On Delivery (COD) service. In business transactions through the Grab application, Grab partners act as couriers to deliver goods from sellers to buyers. The COD system in online transactions has the validity regulated in Pasal 1458 KUHPerdata which states that, "sales and purchases are considered to have occurred between the two parties when the word agree has been reached regarding the goods and prices, even though the goods have not been delivered and the price has not been paid". The transaction creates a legal relationship between two or more legal subjects, and creates rights and obligations that must be met by all parties involved. However, couriers who act as intermediaries between sellers and buyers are often disadvantaged because they do not have protection, either regarding work safety or social security, especially in the COD system. Thus, the purpose of this research is to find out the legal position of couriers in online business transactions and to find out the protection that the courier gets legally when there is a case where the buyer defaults and refuses to pay in the COD system for the goods he ordered online. Based on this, several problems were formulated, such as, “1. What is the legal relationship between Grab couriers and various parties?; and 2. What is the legal protection for Grab couriers in online transactions using the COD system?”. The research conducted by the author uses a method known as normative legal research. This method is carried out by conducting a literature review from secondary data sources, such as laws and regulations, books, and other research in the field of law. In this research, there are several approaches, such as statutory approach, contextual approach, and case approach. The results of this study state that the courier is a substitute party for the company in terms of exercising the authority to deliver goods obtained from the seller, to then be sent to the buyer and then receive payment for the goods that have been sent accompanied by the principle of good faith. Thus, couriers should receive protection from a legal perspective in the form of safety guarantees and social security, especially in the COD system

PERLINDUNGAN HUKUM KEPADA PEKERJA MIGRAN YANG MENGALAMI KORBAN TINDAK PIDANA PERDAGANGAN ORANG Muhammad Iqbal Firdaus; Frans Simangunsong
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.v3i1.194

Indonesia is the fourth most populous country in the world, where it is possible that there are many people, whose wealth is not strong enough to find their income through work. Indonesia's goal is to expect the government to produce clear jobs and clear wages. Many citizens want and accept foreign workers. At that time, Indonesia was sending workers abroad. However, it saddened the Indonesian people. Many cases are made by organized human trafficking investigators. However, all this does not cover the fact that many people are attracted to human trafficking by paying a lot of money by working abroad or even in the country. These various regulations are considered an attempt at protectionism by the Indonesian government. Human trafficking is a crime defined under the law. Recognizing the crime of human trafficking, law enforcement is weak, there are human traffickers who try to use the victims as illegal workers in the bad conditions of society

TANGGUNG GUGAT PEMERINTAH DALAM PERLINDUNGAN DATA PRIBADI Mriya Afifah Furqania; Ahmad Sholikhin Ruslie
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.v3i1.195

This research is meant to find out and explain whether a country or government is sued if it fails to provide protection for personal data. This research uses normative juridical research methods with a statutory approach method and a conceptual approach equipped with two legal materials, namely primary legal materials in the form of laws and regulations and secondary legal materials in the form of books and journal articles. The novelty of this research is the existence of new laws and regulations on personal data protection, namely by using Law Number 27 of 2022 concerning Personal Data Protection. The results obtained from this study are that the state / government is able to be held accountable if it fails to provide protection for personal data. This can be seen from Article 12 of the Personal Data Protection Law which states the rights of personal data subjects, one of which has the right to sue and receive compensation for violations in the processing of personal data. However, the provisions regarding compensation procedures have not been further regulated in the implementing government regulations of the Personal Data Protection Law. The conclusion of this study found that there is a right of citizens to sue and receive compensation other than the Civil Code, the Population Administration Law and the Electronic Information and Transactions Law. This right is born from the fault of the government in the form of unlawful acts by the government or onrechtmatige overheisdaad.

PERLINDUNGAN HAK CIPTA BAGI PENCIPTA SENI LUKIS DIGITAL DALAM TRANSAKSI JUAL BELI NON-FUNGIBLE TOKEN Fikri Setyo Arief Pambudi; Krisnadi Nasution
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.v3i1.196

At this moment, the development of the era are getting faster and more advanced, where these developments also impact on human’s daily activities. One of the developments is the media that displayed through digital technologies. This development also has an impact on the field of arts, which is now not only poured onto canvases using painting tools and other equipments generally used to painting, but also poured into digital media. This digital artwork is not only created for aesthetic purposes, but also as an object for business transactions and investments. This digital artwork is known as NFT (Non-Fungible Token). Howeer, on the other hand, digital artwork also risked their creators, such as copyright issues due to the convenience to access the digital artwork through the internet. This convenience also creates the possibility for reseller to resell the digital artwork after purchasing the art from its creator. In fact, the creator of the digital artwork is the one who owns the copyright to the artwork, so reseller have no right to resell the artwork unless they have agreement about that. If the reseller or other party involved in the copyright violation or violate the agreement, the creator of the digital artwork has the right to be protected by the law enforcement. Based on that problem, the writer conducted thi research to find out the efforts to regulate copyright protection for digital artwork’s creator in NFT business transactions. This research provides a visualization of the reality that occurs, through data collection called analytical descriptive research. The result of this research state that there is a legal relationship between digital artwork’s creator and the buyer or resellers, which is established when these parties are agree to involved in business transaction, that also stated in Pasal 1233, Pasal 1234, and Pasal 1131 KUHPerdata. Copyright legal protection for digital artwork’s creators also stated internationally in the Berne Convention which states that, “every work has received automatic protection since the creation became real (realexpression), protection is given directly without depending on the creator's country of origin (direct and independent protection), and the application of this provision applies equally to all countries that have ratified the Berne Convention, including WTO member countries that have also signed the TRIPS Agreement

URGENSI PENGATURAN PRINSIP MINIMAL UTANG SEBAGAI SYARAT KEPAILIATAN BAGI DEBITOR Revita Pirena Putri; Endang Prasetyawati
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.v3i1.197

Bankruptcy is an example of a form of effort that can be taken by the parties as an effort to ask for accountability. In Article 2 paragraph (1) of Law Number 37 of 2004 concerning Bankruptcy and Suspension of Obligations for Payment of Debt, it regulates the requirements for a debtor to be declared bankrupt by the Court. There are at least 3 requirements, namely, the debtor has 2 or more creditors, there is at least one debt that has not been paid in full and there is debt that is due and collectible. However, in relation to these requirements, Indonesia has not regulated the provisions for the amount of debt borne by the debtor so that the debtor can be declared bankrupt. Problems will arise, if the debtor who is bankrupt is a debtor who has a greater amount of wealth compared to the debt he has. This study aims to find out, understand and explain the urgency of minimum debt arrangements as a condition for debtors to be bankrupt. The research method used is normative juridical with statutory law approach, approach and comparative approach through sources of primary legal materials, secondary legal materials and tertiary legal materials which are collected using collection techniques in the form of inventorying and categorizing legal materials which are then analyzed using prescriptive analysis techniques. The results of this study are that the minimum debt principal arrangement is a condition that must be regulated in bankruptcy arrangements in Indonesia. The existence of minimum debt requirements for filing for bankruptcy against debtors can provide legal protection for debtors

IMPLEMENTASI PERMENHUB NOMOR 18 TAHUN 2021 TENTANG PENGAWASAN ANGKUTAN BARANG (STUDI KASUS WILAYAH SIDOARJO) Mukhammad Islammudin; H. R.Adianto Mardijono
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.v3i1.198

This article aims to describe and describe the implementation of supervision of the Motorized Vehicle Weighing Unit in Trosobo Sidoarjo regarding goods transport vehicles which in practice are in accordance with the Law, namely PERMENHUB number 18 of 2021. In addition, the purpose of this research is to get an overview of challenges faced in the field regarding the implementation of supervision of goods transport in Sidoarjo. The author in this study uses a type of empirical juridical research. This type of research produces results in the form of descriptive data such as speech, writing to the behavior of the research subjects. The subjects of this study were drivers of goods transport vehicles and supervisory staff of the Trosobo Motor Vehicle Weighing Unit. Data collection techniques used by the authors are interviews, literature studies, documentation, and observation. The findings of this study indicate that the Trosobo Motorized Vehicle Weighing Unit (UPPKB) has carried out its duties well, even though there were obstacles encountered in the implementation, such as a lack of supervisory personnel, less than optimal supporting facilities and a lack of solid synergy with stakeholders and other parties. involved in the handling of motorized vehicle control

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Contact Name Yudi Nur Supriadi

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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