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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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PERLINDUNGAN TERHADAP KREDITUR PEMEGANG JAMINAN FIDUSIA ATAS HAK CIPTA KONTEN YOUTUBE Aura Mayshinta; 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

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i1.164

Youtube content copyrights are intangible movable assets, which can be used as the objects for fiduciary guarantees in financial institutions when it meets the requirements set out in Article 10 of The Government Regulations Number 24 Year 2022 regarding Implementation of Law Number 24 Year 2019 concerning Creative Economy. However, the provisions in this article give rise to many speculations as criteria regarding youtube content copyrights which are going to be made as objects for fiduciary guarantees are not specifically regulated. Hence, the researcher wanted to examine how is the protection of creditors who hold fiduciary guarantees with their youtube content copyrights?. This article is normative research with statutes approach and conceptual approach, which is carried out by analyzing primary legal materials and secondary legal materials that have something to do with the problem under study. The results of the research proposed that Law Number 10 Year 1998 which is the amendment for Law Number 7 Year 1992 concerning Banking, instructs banks when extending credit to apply the precautionary principle in assessing personal customers, customer businesses and rights copyright youtube content as collateral object. When evaluating the collateral object, protection will be found for copyright holders of youtube content through the tools provided by youtube, namely the content verification programs, copyright match tool (CMT), and content id. If there has been a default in the credit agreement, then based on Law Number 42 Year 1999 concerning Fiduciary Guarantees regulate, the creditor can execute the copyright of youtube content which is the object of collateral

PERLINDUNGAN HUKUM BAGI KONSUMEN SAAT MELAKUKAN TRANSAKSI JUAL BELI ONLINE Dika Agmar Fachurrahman; Krisna Ade Saputra; Rudy Defri Susilo
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.v3i1.228

e-commerce has ushered in a new chapter in the global economy or digital economy. A high-tech based business, e-commerce brings a new look to traditional business. Online shopping has changed the communication model of producers and consumers in the world. Indonesia already has a legal basis for consumer protection, namely Law Number 8 of 1999 concerning Consumer Protection, and other laws and regulations that regulate the same matter. In this case, consumers must be given various protections. especially those who are very vulnerable to various possibilities that can harm the consumers themselves by traders who carry out buying and selling transactions online. There is no good intention. Online transactions between business people and consumers must have good intentions from the start. If consumers and business actors experience problems in buying and selling transactions, they can use the UUPK facility as a guideline for consumers, especially to fight for their rights to protect their interests. It is possible for commercial actors to find buyers. those who do not have good faith go through a similar process to solve problems. In essence, regulations related to consumer protection are not enough to just be a forum or legal vehicle for consumers and business actors. Several improvements and additions to regulatory substance still need to be added to protect all parties. Given the rapid pace of science, we must also be aware of the possibility of working against us.

PENEMBAKAN POLRI DALAM MELAKSANAKAN TUGAS YANG DAPAT DI KATEGORIKAN SEBAGAI PEMBELAAN TERPAKSA Rachmadio Firmansyah; Otto Yudianto
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.229

Members of the police force are often blamed for actions taken with spontaneity in taking an action. Forced actions taken, such as shootings, are often questioned. Whether the action should have been taken or should it have gone through a special technical technicality so that members of the police force can take decisive action by carrying out a shooting. So it is felt that there must be rules that provide protection to police members so that police members can carry out their assigned duties properly, and police members are not always blamed for actions resulting from their actions to carry out their duties. The duties carried out by police members are indeed many directly related to the community so that people's opinions on the implementation of the duties of police members are indeed diverse and not all police members who are proven to have committed criminal acts such as shootings can be criminally charged. So there needs to be a legal protection for members of the police who carry out their duties, especially taking decisive action by forcibly paralyzing even resulting in a person's death

PEMENUHAN GANTI RUGI DAN/ATAU MELAKUKAN TINDAKAN TERTENTU ATAS KERUSAKAN LINGKUNGAN HIDUP OLEH PT. GREENFIELDS FARM 2 BLITAR Ramadhan Kahfi Fahlafi; Hervina Puspitosari
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.v3i1.230

A healthy environment is a human right that is guaranteed by the 1945 Constitution of the Republic of Indonesia. Law of the Republic of Indonesia Number 32 of 2009 concerning the Protection and Management of the Environment gives the government and/or local government, communities and environmental organizations the right to file a claim for compensation. losses from pollution and/or environmental damage. This is in accordance with the principles of environmental law, namely the polluter pays principle. This study aims to find out how to fulfill compensation and/or take certain actions for environmental damage by PT. Greenfields Farm 2 Blitar and what are the inhibiting factors in fulfilling compensation and/or taking certain actions by PT. Greenfields Farm 2 Blitar. This study uses empirical juridical research methods. Data collection was carried out by means of literature studies and interviews. Data analysis was carried out using descriptive analytical methods and using a qualitative approach. The results of the study show that there is a reference in calculating the amount of compensation that can only be determined by an expert on the basis of the Minister of Environment Regulation Number 7 of 2014 concerning Environmental Losses Due to Pollution and/or Environmental Damage. In fulfilling compensation and/or taking certain actions there are 3 (three) inhibiting factors in fulfilling compensation for environmental pollution and/or damage, namely legal factors such as the absence of a clear legal basis to calculate the valuation of compensation for the community due to environmental damage, law enforcement factors such as the absence of a deterrent effect in imposing administrative sanctions, and societal factors such as a lack of awareness of the importance of the environment

SINKRONISASI PERLINDUNGAN HUKUM TERHADAP PENYANDANG DISABILITAS TUNA GRAHITA SEBAGAI SAKSI KORBAN DALAM PROSES PERADILAN PIDANA Dian Novianti; Tomy Michael
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.275

Protection of clear legal rights for persons with intellectual disabilities is promulgated in Law No. 8/ 2016. However, these legal provisions face disharmony because they are out of sync with the laws and regulations that govern criminal justice in the matter of being a victim-witness. This conflict between law and related legislation raises the most important ambiguity in matters of law enforcement. therefore, must try horizontal sync. Legal requirements regarding the standard procedure for determining witnesses for a variety of disabilities, the obligation to assist mentally retarded people linked to legal expertise and accessibility for persons with disabilities in court of law. The government needs as soon as possible to draft a government regulation as the implementing provision of Law No. 8/ 2016, so that there is clarity and legal certainty, especially for law enforcers and people with intellectual disabilities

PROSEDUR JUAL BELI SAHAM YANG GO PUBLIC TETAPI TERHAPUS DARI BURSA EFEK Nabila Auliawati; Widhi Cahyo Nugroho
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.276

The progress of the world economy in the field of investment is very much driving changes in life. One of them is investing in stock products on the capital market that can bring profit opportunities, but can also support the country's economic growth, maintain inflation stability that has occurred this year, not only that, but economic financing to the community has been extended by all levels. Basically, companies that go public that are open to the capital market have high returns, which are also subject to the risks they face. It is important for the government to provide legal certainty that is useful for protecting the interests of society. In investing, there are bankruptcy risks that are unexpected by investors. With the aim of this writing to fulfill the buying and selling procedures when issuers go bankrupt which investors are worried about in bankruptcy in companies that go public in terms of bankruptcy law. With the procedure carried out, it gives investors the right to be given back from the results of the investment made. The result in the bankruptcy of the issuer going public has an impact on the shares owned by investors in a company going public, namely being able to get the risk of loss, namely loss of capital caused by not being able to sell shares of certain investments which affect the delisting process by the stock exchange. There are many cases when a company is removed from stock going public which results in investors losing their investment in the company. In this condition, investors can provide legal protection at this time by taking preventive measures or carrying out judicial matters, namely civil lawsuits can be carried out through assistance from the OJK or by submitting their own submissions to court institutions by investors as shareholders of companies going public

PERTANGGUNG JAWABAN PIDANA TERHADAP PENGGUNAN JASA PROSTITUSI PADA MEDIA ONLINE Dika Rahmat Nasution; Frans Simangunsong
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.277

Technological developments have brought new changes in people's lives, not only having positive sides but also negative impacts including in the field of decency which has recently been rampant, such as prostitution, which was originally conventional to become online based. These actions can be said to be incompatible with the social values of society. The Indonesian government is not firm in prohibiting the practice of prostitution or in terms of criminal liability against users of prostitution services, this can be seen from the absence of regulations that can ensnare prostitution service users. The purpose of this study is to determine the regulation of criminal liability for prostitution service users in positive law. and efforts to criminalize prostitution service users in positive law in Indonesia. This research uses a descriptive normative juridical method. The result of the research is that the absence of criminal liability arrangements for prostitution service users makes these acts more prevalent. For that we need an effort to criminalize prostitution service users in positive law so that acts that are not in accordance with the values of the community can be processed legally

KEDUDUKAN LEMBAGA SERTA TINDAK LANJUT MENGENAI PUTUSAN DEWAN KEHORMATAN PENYELENGGARA PEMILU Mikhael Wisnumurti C. S; Tomy Michael
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.278

According to DKPP Regulation No. 1 of 2021, Second Amendment to Election Organizer Ethics Council Regulation No. 3 of 2017, Regulation No. 3 of the Procedure for the Procedure for the General Election Organizer Code of Ethics Article 39(1), DKPP reserves the right to: make final and binding decisions. However, DKPP Decision No. 317-PKE-DKPP/X/2019 decided to impose a permanent dismissal sentence on Evi Novida Ginting Manik, Commissioner of the The President of the Republic of Indonesia promptly issued Presidential Decree No. 34/2020 P for the disrespectful removal of a member of the General Election Committee for the 2017-2022 term. By PTUN Decision No. 82/G/2020/PTUN-JKT, the judge issued his 2020 Presidential Decree No. 34 regarding the disrespectful dismissal of a member of the General Election Commission from 2017 to his 2022 term. /P overturned. The method of this paper uses a form of research called normative legal research. A method of collecting materials by searching library materials, reading and researching various documents such as books, laws, articles, and other primary, secondary, and tertiary legal codes. The investigation conducted in this letter covers Law No. 7 of 2017, decisions of the Administrative Court, decisions of the DKPP and related Presidential Decrees. Institutionally, the DKPP's position is equivalent to that of the KPU and Bawaslu, both of which are national, permanent and independent electoral authorities. Considering the Supreme Court's ruling No. 31/puu-xi/2013, which is final and binding, the DKPP's decision is definitive and binding on the President, KPU, Provincial KPU, Regency/Municipality KPU, and Bawasul. layout. His final and enforceable DKPP ruling is not the same as a judicial final and enforceable judgment, but it is final and enforceable and comparable to a TUN decision. Institutionally, the Honorary Council of Electoral Organizations (DKPP) status in the Indonesian legal system is either a subordinate body of the government or an independent supporting government agency. In practice, the DKPP's decisions are not final. This is because it implies the finality of judicial decisions in general and MK decisions in particular. It is so named because the Presidential Decree, Provincial KPU, Regency/Municipality KPU, and Bawaslu, Provincial Bawaslu, Regency/Municipality Bawaslu are still required to implement the decisions of the DKPP

TINJAUAN YURIDIS PEMBEBASAN NARAPIDANA SEBAGAI UPAYA PENANGGULANGAN COVID – 19 DI INDONESIA Dimas Hasan Basri
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.279

Several years ago Indonesia was shaken by a virus that claimed many victims, namely the covid - 19 virus, where many of the perpetrators of these crimes were carried out by ex-convicts, the release of these convicts was through assimilation by the ministry of law and human rights according to government directives, the purpose of releasing these convicts was to provide fresh air in carrying out a new life but what happened was the other way around, with the presence of the virus making ex-convicts commit crimes again to support their needs, the purpose of the authors to discuss this research is to find out what the principles of releasing ex-convicts during the Covid-19 pandemic are. and what are the legal consequences if the state does not release ex-convicts during the coid-19 pandemic, the method used in this research is normative, namely studying through the literature by examining the rules contained in the legislation, the conclusion obtained is that there is a principle in the principle of the chief of police which reads: "Salus Populi Supreme Lex Esto" in the sense of people's safety, is a reference for the release of convicts

PERLINDUNGAN HUKUM BAGI KONSUMEN TERHADAP PENIPUAN YANG DILAKUKAN OLEH TRADING FOREX Isyma Eka Nurmardani; Abraham Ferry Rosando
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 2 (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.v3i2.280

Forex (Foreign Exchange) or Foreign Currency is defined as foreign currency and other means of payment. Forex is used to conduct or finance international financial economic transactions and has an official exchange rate record at the central bank. Forex (Foreign Exchange) or better known as Foreign Exchange is a type of trade or transaction that trades the currency of one country against the currency of another country. Forex trading involves major money markets in the world for 24 hours continuously with a high level of liquidity and acceleration of price movements. Agreements in forex trading transactions are based on Article 1320 of the Indonesian Civil Code. These provisions are less effective, considering that there are still many illegal brokers, who do not have licenses, and companies that have bad intentions with the intention of deceiving investors. Because the Commodity Futures Trading Act has not fully regulated the forex trading system. This research aims to examine legal protection for consumers against fraud committed by forex trading. The research method used is a statute approach, conceptual approach, and case approach. Data collection through legislation, books, publications, journals and research results

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

Location Kota tangerang, Banten INDONESIA

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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