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Journal Evidence Of Law
Published by CV. Era Digital Nusantara
ISSN : 28303350     EISSN : 28285301     DOI : 10.59066/jel
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice
Journal Evidence Of Law merupakan jurnal yang diterbitkan oleh CV. Era Digital Nusantara, terbit secara berkala 3 kali dalam 1 tahun sejak tahun 2022 pada bulan Januari, Mei dan Septemeber dengan ISSN Print: 2830-3350 , ISSN Online:2828-5301 berbahasa Indonesia dan berbahasa Inggris. Journal Evidence Of Law menerima naskah tulisan baik hasil pemikiran normatif maupun hasil penelitian empiris, dengan cakupan dibidang hukum pidana, hukum perdata, hukum tata negara/hukum administrasi negara, hukum internasional, hukum Islam, hukum lingkungan, hukum pemerintahan daerah dan Hukum Pemerintahan Desa maupun hukum adat.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 42 Documents
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Search results for , issue "Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)" : 42 Documents clear
Pertanggungjawaban Pidana Koki terhadap Konsumen yang Mengalami Keracunan Makanan (Studi Kasus: Kasus Keracunan Makanan di Restoran Cepat Saji X Tahun 2021) Akbar, Muhammad; Rosando, Abraham Ferry
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.926

Abstract

Food poisoning in restaurants is still a serious problem in the culinary industry, where the responsibility of chefs in maintaining food hygiene and safety plays an important role. This study aims to analyze the criminal liability of chefs towards consumers who experience food poisoning, using case studies of incidents in fast food restaurants in the last five years. The research method used is a qualitative approach with case studies and legal document analysis as well as in-depth interviews with several related parties, including chefs, restaurant management, and health services. The results of the study indicate that chefs' negligence in maintaining food hygiene standards can cause significant health risks to consumers, and in developed countries, the criminal liability of chefs is strictly regulated. In Indonesia, regulations on the criminal liability of chefs in cases of food poisoning are not yet clear, so this responsibility is often divided between chefs and restaurant management. The role of health services in conducting inspections and education is also very important in ensuring that hygiene standards are met. More specific regulations and strict sanctions are needed to improve compliance with hygiene standards in restaurants. This study concludes that the criminal liability of chefs in cases of food poisoning needs to be regulated in more detail in Indonesia. With clear regulations and consistent supervision from the health department, it is hoped that food poisoning incidents can be minimized, so that consumer safety can be more assured.
PT Pertamina (Persero) Bertanggung Jawab terhadap Korban Kebakaran yang Disebabkan oleh Konsumen Maulana, Galih Putra Mahendra; Rosando, Abraham Ferry
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.927

Abstract

This research aims to analyze PT Pertamina's legal responsibility in cases of fires caused by the use of their fuel products by consumers, by applying strict liability theory. This study uses normative juridical methods, referring to various statutory regulations, scientific journals and related legal literature. The research results show that PT Pertamina can be held legally responsible for fires that occur, without the need for direct proof of fault, based on the principle of strict liability. The application of this theory allows victims to claim compensation if it is proven that the product is not equipped with adequate safety guidelines, which violates consumer rights in accordance with the Consumer Protection Law. This study emphasizes the important role of PT Pertamina in educating consumers regarding the use of high-risk products, as well as the need for strict regulations in the safety aspects of fuel products to protect the public interest. The implication of this research is the need to strengthen company policies regarding efforts to prevent product hazards as well as increasing corporate social and ethical responsibility in minimizing the risk of fire.
Konsep Kebijakan Penanggulangan Kasus Teroris Dr. Azhari di Indonesia serta Peristiwa Penghancuran Menara Kembar WTC Amerika Serikat 9/11 Dihubungkan dengan Penguatan Pertahanan NKRI dan Bela Negara Nasir, Tomi Khoyron; Afdhali, Dino Rizka; Wahyudi, Slamet Tri
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.928

Abstract

Terrorism is increasingly attracting public attention, especially with the existence of action of world terrorism that have occurred in several countries, one of which is the United States where the destruction of the twin towers on 9/11 occurred and became the forerunner of terrorist acts in Indonesia. To deal with the issue of national security, building awareness of national defense is one solution that can be done to anticipate terrorist acts occurring in the future. This article discusses the urgency of the Indonesian government to increase awareness of national defense and national defense in overcoming the problem of terrorist acts. The research approach method uses a normative juridical method with a legislative approach and a conceptual approach to examine the problem of terrorist acts in Indonesia. The data source for writing this article comes from a literature study whose sources come from books, papers, and journals related to the law on eradicating terrorism. In making this article, the author discusses how the ideality of handling terror acts in Indonesia over the collapse of the twin towers of 9/11 in the United States and the Dr. Azhari bomb case is connected to the improvement of the defense nation of the Republic Indonesia. The results of this study explain that through increasing awareness of defending the country and national defense, society can be more prepared and able to face the threat of terrorism and build a stronger and more stable Indonesia.
Perlindungan Hukum bagi Pihak Ketiga atas Sertifikat Hak Milik Tanah yang Dijadikan Jaminan Kredit Musyarif, Muhammad Abdul Hakim Aliy Ainun; Lyanthi, Merline Eva
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.936

Abstract

This writing journal aims to study and find out the legal protection obtained by third parties as owners of land ownership certificates as replacement collateral for debtors at the bank. The problem taken in this journal is: How is Legal Protection for Mortgage Owners as Replacement Collateral by Debtors in Banks. This journal research uses a normative juridical approach method with the writing reference being positive legal rules in Indonesia. After that, carry out a normative analysis and use legal materials such as the 1945 Constitution, the Civil Code, statutory regulations, mortgage rights, legal expert opinions, and related concepts. This research is expected to focus on legal protection for third parties as owners of collateral/replacement collateral guaranteed by debtors, as positive legal provisions and debtor settlements harm third parties as owners of replacement objects. So it can be concluded in this paper that there are no provisions that prohibit other parties or third parties (other than creditors and debtors) from pledging their objects, but the owner of the collateral object is prone to being harmed. If another party as the owner of the collateral object feels that their rights have been violated, they will receive legal protection, both criminal and civil, and can be pursued through litigation or non-litigation.
Alasan Menolak Mutasi menjadi Dasar Pemutusan Hubungan Kerja menurut Undang- Undang Nomor 13 Tentang Ketenagakerjaan dan Peraturan Pemerintah Nomor 35 Tahun 2021 Prasetyo, Rachmad Andi; Haryono, Dipo Wahjoeono
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.948

Abstract

In industrial relations practices, job transfers or reassignment of duties are essential tools used by employers to manage human resources efficiently. Job transfer involves the reassignment of an employee’s position or work location for various reasons, such as operational efficiency or career development. However, employees may refuse the transfer, potentially leading to conflict and possibly resulting in Termination of Employment (TOE). According to Indonesia’s Law Number 13 of 2003 on Labor and Government Regulation Number 35 of 2021, transfer refusal must adhere to specific procedures to avoid TOE. These regulations ensure that job transfers are conducted fairly, respecting employee rights, and require bipartite or tripartite negotiation in case of disputes. When transfer refusal leads to TOE, employees are entitled to fair compensation per employment regulations. This study aims to examine the legal implications of transfer refusal on employment status and how applicable legal procedures protect workers' rights within industrial relations.
Perlindungan Hukum Bagi Pengguna Game Online Dirugikan Karena Tutupnya Sistem Elektronik Game Online Di Indonesia Secara Sepihak Nugroho, Muhammad Kelvin Adi; Nasution, Krisnadi
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.958

Abstract

With the growing popularity of online games in Indonesia, numerous players purchase virtual items within these games. This study focuses on two primary objectives. First, it seeks to analyze the legal protection available to online game players in Indonesia against the unilateral shutdown of game servers by Electronic System Providers, as regulated under Article 1694 of the Civil Code. If an online game server is closed unilaterally, virtual items owned by players, considered akin to goods, may be affected. Second, the study aims to explore solutions for addressing losses incurred by players due to such server closures. Utilizing a normative juridical approach with an emphasis on Article 1694 of the Civil Code, the research relies primarily on library-based data collection techniques. The findings indicate that online game players, as rightful owners of virtual items, are entitled to the full restitution of their items. Virtual items, though non-physical, are treated similarly to tangible goods. In cases where these items are deleted or lost due to server shutdowns, Electronic System Providers bear responsibility for returning the affected players’ virtual goods. Dispute resolution can be pursued through litigation or non-litigation methods, including consultation, conciliation, mediation, and negotiation.
Building a Framework for Sports Dispute Settlement: Legal Mechanism and Alternative Approaches in Indonesia Silvana, Nina; Surono, Agus; Hamid , Adnan
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.969

Abstract

This study examines Indonesia’s sports dispute resolution landscape as well as the potential for building a comprehensive sports dispute settlement framework in Indonesia, analyzing current regulatory practices, arbitration processes, and alternative dispute resolution (ADR) mechanisms in the context of sports activities in Indonesia. This research will use doctrinal legal research methods and employs secondary data. Those data especially in the form of several legal materials, such as primary legal materials like acts or regulations as well as secondary legal materials like some studies conducted by several researchers previously. Data analyze will be undertaken qualitatively. By analyzing these issues, the paper outlines the necessary adjustments to Indonesia’s regulatory structure and the potential benefits of a dedicated sports dispute resolution body. It is important to harmonize arbitration processes with international standards to foster credibility especially after Indonesia has unified several arbitration institutions become only one institution, namely BAKI
Counter-Terrorism Policy in the ASEAN Region: Comparative Study of Malaysia and Indonesia Ismed, Mohamad; Basuki , Basuki; Sinaulan, Ramlani Lina; Akkapin, Suphaporn
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.970

Abstract

This research aims to enrich the academic literature on counter-terrorism policies in the ASEAN region, focusing on a comparison between Malaysia and Indonesia. A qualitative method with a comparative study design is used to analyze the counter-terrorism policies of both countries to understand the differences, similarities, implementation, and effectiveness of the strategies applied. The results show that counter-terrorism policies in Malaysia and Indonesia reflect a strong commitment through comprehensive institutional structures, strict regulations, and diverse strategy implementations. In Indonesia, the policy tends to be repressive, influenced by domestic political dynamics and international pressures post the 2002 Bali Bombing. Malaysia adopts a more structured approach considering geographical and socio-political factors and utilizes strict legal frameworks like the Internal Security Act (ISA). Political factors are significant in policy formation in both countries, with Malaysia maintaining national stability through strong counter-terrorism policies. Social factors such as radicalization and extremism are also important, with Indonesia facing challenges from groups like Jamaah Islamiyah (JI) while Malaysia uses community-based approaches in its deradicalization programs. Comprehensive and coordinated strategies, increased inter-agency coordination, international cooperation, and integration of the private sector and media are needed to address the challenges.
Consumer Protection against Upselling Practices in Food Product Marketing Strategies Ulya, Selma Lailatul; Latumahina, Rosalinda Elsina
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.978

Abstract

In the marketing industry, sales strategies are essential to increase the number of product sales. Business actors use various sales strategies to ensure that their goods sell quickly in the market and in demand, making customers tempted. The transaction process that occurs in the relationship between business actors and consumers continues to develop, which has an impact on changes in the legal construction that occurs in the relationship between business actors and consumers. The practice of upselling, which is often used by business actors in the food industry, can potentially harm consumers if it lacks transparency and clear consent. Therefore, efforts to provide protection to consumers are important in this era of free trade. This study aims to assess the extent to which upselling practices comply with existing regulations, as well as provide recommendations to regulators and stakeholders regarding consumer protection and the development of stricter regulations or ethical guidelines. The research method used is normative and legal, using secondary data sources and based on primary law. The findings show that although upselling is allowed, business actors must provide accurate information to consumers. This research concludes that there is a need for stricter law enforcement and increased awareness of businesses and consumers about their rights and obligations to prevent harmful practices.
Perlindungan Hukum Peserta Event Lari Dalam Program Jaminan Kecelakaan Kerja Hermawati, Galuh Dwi; Rosando, Abraham Ferry
Journal Evidence Of Law Vol. 4 No. 1 (2025): Journal Evidence Of Law (April)
Publisher : CV. Era Digital Nusantara

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59066/jel.v4i1.996

Abstract

As living beings, survival is a basic human instinct. An effective approach to achieving this goal is by prioritizing physical well-being. Engaging in regular exercise is among the most reliable methods to preserve overall health and enhance physical fitness. Among the various types of sports, running is the most popular physical activity. Some factors that make running popular are because it is economical and can be done anywhere. There are many reasons why people choose to run, from maintaining physical health, as a recreational activity, to as a permanent profession that is generally done by athletes. The type of running that is most in demand by the public is long-distance running. Legal protection for participants in running events in the Work Accident Insurance program is an important effort to provide safety and security for participants who take part in sports activities. The Work Accident Insurance program managed by Social Security Administering Body for Employment, especially for Non-Wage Recipient participants, offers safeguards against the possibility of accidents that might happen during the activity. This research seeks to examine the effectiveness of legal protections provided by the program in ensuring the safety of participants during running events, specifically in mitigating risks of injuries or accidents.

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