Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
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,
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697 Documents
PERJANJIAN LISENSI BERUPA KONTEN YOUTUBE PADA JAMINAN FIDUSIA MENURUT PERATURAN PEMERINTAH NOMOR 24 TAHUN 2022 TENTANG EKONOMI KREATIF
Putri Wahyu Maulana
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
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DOI: 10.53363/bureau.v3i1.199
At this time material becomes one of the objects that can distribute credit for a guarantee, especially material guarantees. Objects in collateral are expected to provide legal certainty in terms of giving rights and powers to banks to get repayment from the auction results of objects that are guaranteed. The world of digital platforms that are currently growing rapidly, one of which is Youtube content. In Law No. 28 of 2014 concerning Copyright (hereinafter referred to as Law No. 28/2014) which regulates copyright, YouTube content can be categorized as cinematographic works. One of the creative economies that can be used as collateral for debt is YouTube content. Basically, today's society pays little attention to the contents of a work which is considered to be guaranteed as all contents of Youtube content, whereas in order to guarantee YouTube content, its intellectual property rights must be registered. Institutions that can accept Youtube content as collateral are fiduciary guarantees
PERTANGGUNGJAWABAN PIDANA KORPORASI SEBAGAI PELAKU TINDAK PIDANA PENYEBARAN DATA PRIBADI
Denta Putra Azhar;
Ahmad Mahyani
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
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DOI: 10.53363/bureau.v3i1.200
The existence of criminal acts of spreading personal data that occurred in Indonesia is becoming increasingly high in development, where not only the perpetrators are individuals but also the perpetrators are companies or corporations. But in reality law enforcement still cannot touch criminal acts where the perpetrators are corporations, especially those who are held accountable under criminal law. The problems raised by the author are: 1) What is the criminal responsibility of the corporation as the perpetrator of the criminal act of corruption in the case. The approach method in research is normative juridical with a qualitative nature and uses data sources in the form of secondary data. The author gives the opinion that the appropriate form of criminal responsibility is the imposition of aspects of responsibility that are criminal in nature against the corporation and also the management of the corporation, which will then lead to a deterrent effect for corporations not to commit criminal acts
PERTANGGUNGJAWABAN PIDANA BAGI PARA PELAKU DOXING MENURUT UU ITE DAN UU PDP
Muhammad Arvy Chico Armando;
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
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DOI: 10.53363/bureau.v3i1.201
This research will discuss Doxing, which is an internet crime that is committed by collecting someone's personal data. Then this personal data will be disseminated to intimidate the target. Victims of doxing are generally journalists, politicians, activist groups, and ordinary people. The purpose of doxing is to silence someone and sometimes just for fun. This study uses a normative juridical method, with inventory techniques and analyzes in secondary data consisting of primary legal materials and secondary legal materials with the technique of understanding the law as a guide in a legislation that regulates doxing whose aim is to find legal principles, rules -rule of law, and legal doctrine aim to provide answers in solving legal issues that have been researched. By using this concept, researchers want to explain criminal penalties for doxing perpetrators according to applicable regulations. So as to be able to provide answers regarding the research study being studied
SYARAT BERPENAMPILAN MENARIK PADA PENDAFTARAN CALON MAHASISWA SEBAGAI SALAH SATU DISKRIMINASI DI DUNIA PENDIDIKAN
Wiwin Saputri;
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
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DOI: 10.53363/bureau.v3i1.202
The right to education is one of the Human Rights. That is, everyone has the right to access education. Education is a human right as well as a responsibility. The right to education is constitutionally guaranteed by the 1945 Constitution of the Republic of Indonesia (1945 Constitution). Even though the right to education has been guaranteed in such a way through various legal instruments, the implementation of education in Indonesia is still full of various obstacles. One of the obstacles that must be resolved is related to discrimination. The form of discrimination that is most often encountered is the inclusion of attractive appearance requirements for prospective students. Automatically, other prospective students who do not have these requirements cannot register. This is what is then referred to as discrimination and restrictions on the right to education. Based on this, it is interesting to analyze the legal protection for prospective students who receive discriminatory treatment according to Article 12 and Article 60 of Law Number 39 of 1999 concerning Human Rights. The research method used is normative legal research method. The research results show that the requirement to look attractive in the field of access to education is of course a violation of human rights
PERTANGGUNGJAWABAN PIDANA BAGI PEMILIK APLIKASI MICHAT SEBAGAI SARANA PROSTITUSI ONLINE
Arvin Dian Ardiansyah;
Ahmad Mahyani
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
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DOI: 10.53363/bureau.v3i1.203
The MiChat Application Developer basically created the MiChat Application as a means of communication, with excess features that make it easier to find new friends who are within a 5-20 km area of ??the vicinity and are not intended as a means of prostitution which is happening a lot now. And it cannot be said that it is also a means of online prostitution because at first the MiChat application was created as an instant messaging application in general that functions for communication. Online prostitution is a human activity that involves sexuality as an object to be used as a field or a place to do business carried out by a handful of individuals to gain profit through wrong and deviant methods through online media. all parties can detect the existence of prostitution cases because they are carried out through media that continues to experience developments such as online media. Indonesia is one of the countries that has experienced very rapid technological developments which have had various impacts, one of which is the negative impact which has made prostitution cases easily accessible, and has become an event that has trapped many women and men in the world of prostitution. Law No. 11 of 2008 concerning Information and Electronic Transactions is the foundation for making online media regulations in preventing cases of prostitution that are currently widespread in electronic crime. In this case, a careful role is needed between the Government and the MiChat application developer in prostitution cases by updating regulations for all applications so that they can anticipate online prostitution cases so that they can facilitate people's efforts to carry out online prostitution
URGENSI PENGATURAN PENCEGAHAN KEKERASAN SEKSUAL DI LEMBAGA PONDOK PESANTREN
Muhammad Rafeillito Hudita Maulanasyah;
Muh. Jufri Ahmad
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
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DOI: 10.53363/bureau.v3i1.204
Islamic boarding schools ought to be welcoming and safe environments for both male and female students. On the other side, a number of Islamic boarding schools are under investigation for allegedly committing sexual crimes against their pupils. What's more concerning is that the pesantren's teacher or instructor committed the sexual offense. In addition to realizing a sexual crime prevention model at Islamic Boarding Schools, the goals of this research were to first establish the importance of regulating efforts to prevent sexual violence in Islamic boarding schools. Descriptive analysis and normative legal methodologies were used to perform this study. Based on the study's findings, it was determined that measures to stop sexual violence from Islamic boarding schools could be taken by strengthening state, government, and government oversight of these institutions, providing legal advice on the risks of sexual crimes so that students, particularly female students, could take appropriate action in the event that they were victimized, and creating a sexual crime complaint post at the Institute. Islamic boarding school instruction and Ministry of Religion oversight of Islamic boarding schools
BENTUK PERLINDUNGAN HUKUM BAGI KONSUMEN MOBIL SEMI-AUTONOMOUS TERHADAP KECELAKAAN AKIBAT GAGALNYA SISTEM
Kevin Bryan Arya Herwanto;
Rosalinda Elisina 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
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DOI: 10.53363/bureau.v3i1.205
The increasing number of semi-autonomous vehicles on the streets of Indonesia, plus the absence of a legal rule governing the legality of these vehicles, poses a new legal problem. The problem arises if there is an accident caused by the failure of the semi-Autonomous system who should be responsible and what is the form of legal protection obtained by a consumer who uses the vehicle, this research is normative juridical research in which the author uses the method of statutory approach and also normative research. The results of this study found that currently the position of semi-autonomous cars can be said to be objects that have AI (Artificial Intelligence) technology where the position of AI in Indonesia itself is included in the shutter of Electronic Agents or Electronic Systems, and the provisions regarding these rules have been regulated in the ITE Law and PP 71/2019 which means that business actors must be responsible for the existence of the system. Consumers themselves get legal protection in accordance with what has been stated in Law No. 8 of 1999 concerning Consumer Protection and consumers are entitled to compensation for losses suffered by consumers
KEKUATAN HUKUM ALAT BANTU PENDETEKSI MATA SEBAGAI ALAT PEMBUKTIAN
Muhammad Wahyudi;
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
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DOI: 10.53363/bureau.v3i1.206
As time goes on, the use of eye detection tools has become more widespread, both in the workplace and in the legal process in Indonesia. While these tools are a relatively new technology in Indonesia and have both benefits and drawbacks that must be considered, their importance in collecting relevant and reliable evidence in court cannot be denied. The use of eye detection tools can facilitate the investigation process and provide a higher level of legal certainty for those involved. However, there are still issues that need to be addressed regarding the use of eye detection tools as evidence in legal proceedings, such as the lack of regulation in Indonesian law. Therefore, it is important to have a deeper understanding of the legal status of eye detection tools in the criminal judicial process in Indonesia. The goal of this research is to examine the legal strength of eye detection tools as a support tool in the criminal judicial process in Indonesia. The research method used is normative juridical, involving an analysis of relevant laws and journals. In this research, there are issues that need to be addressed, including the lack of regulation on the legal status of eye detection tools as evidence in criminal proceedings and the lack of regulation in Law No. 8 of 1981 on the Criminal Procedure Code. Despite this, eye detection tools are widely used in various places, such as hospitals, offices, and others. The public sees the existence of eye detection tools as providing certainty and security in terms of data protection."
PERTANGGUNGJAWABAN HUKUM TRAVELOKA SEBAGAI PELAKU USAHA DALAM FENOMENA PEMBATALAN TIKET SEPIHAK TERHADAP KONSUMEN
ShintaDevia Giartika Gunawan
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
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DOI: 10.53363/bureau.v3i1.207
Technological advances make it easier for humans to carry out their activities via the internet. One of them is the emergence of the Traveloka application which functions as a ticket booking application for various purposes, such as airplane tickets, hotel tickets, and tourism. Even though it is quite successful, there have been many cases of consumers getting unpleasant service from Traveloka. One of the problems most experienced by consumers is the unilateral cancellation of tickets by Traveloka business actors. Based on this, this research will analyze the form of legal liability from Traveloka against ticket cancellation unilaterally. This study uses normative research based on conceptual areas that use library research such as books, journals, and laws and regulations related to the object of research. The results of the study show that in the case of unilateral ticket cancellation, Traveloka acts as a business actor who is burdened with responsibility because they are deemed not to have fulfilled their obligations. Regarding ticket cancellation unilaterally, Traveloka as a business actor can be said to have committed a default
PELAKSANAAN REHABILITASI SEBAGAI UPAYA PERLINDUNGAN HUKUM TERHADAP PENYALAHGUNA NARKOTIKA
Nickholas Hartono;
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
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DOI: 10.53363/bureau.v3i1.208
In Indonesia, adolescents of productive age are frequently affected by environmental factors that lead to drug abuse. No. 1 Narcotics Law 35 of 2009 concerning Opiates was passed to diminish the quantity of medication victimizers and sellers in Indonesia. In addition, the Narcotics Law restricts the legal protection afforded to addicts and narcotics abuse victims, particularly in terms of access to social and medical rehabilitation; However, this legal protection has not been used to its full potential, resulting in the imprisonment of numerous drug addicts and abuse victims. Occur. Each opiate victimizer no matter what should gain admittance to clinical and social recovery, as per the conviction that Opiates Victimizers are casualties of the wrongdoings they carry out (Self Exploiting Casualties). The findings of the preceding research and analysis indicate that the Narcotics Law's legal protection has not yet been fully and effectively implemented, and that it does not yet operate in accordance with its directives