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INDONESIA
Jurnal Hukum Prioris
Published by Universitas Trisakti
ISSN : 19078765     EISSN : 25486128     DOI : https://dx.doi.org/10.25105
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Hukum PRIORIS diterbitkan oleh Fakultas Hukum Universitas Trisakti sebagai salah satu sistem komunikasi ilmiah yang bertujuan untuk mendorong, menumbuhkan iklim kecendekiawanan serta mempublikasi hasil kegiatan yang memenuhi persyaratan ilmiah baik di fakultas Hukum Universitas Trisakti dan masyarakat hukum pada umumnya. Selain itu berkontribusi melalui ide atau pemikiran alternatif yang berkenaan dengan perkembangan ilmu hukum dan penerapannya serta mendiseminasikan, mendokumentasikan gagasan-gagasan alternatif dari masyarakat ilmiah tentang pembaruan hukum di Indonesia.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 206 Documents
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KEPASTIAN HUKUM WILAYAH KERJA PENGUSAHAAN PANAS BUMI EX KONTRAK OPERASI BERSAMA DIENG DAN PATUHA DALAM KERANGKA PERIZINAN PANAS BUMI DI INDONESIA: Legal Certainty Of Geothermal Concession Working Area Ex Joint Operation Contract Of Dieng And Patuha In The Framework Of Geothermal Licensing In Indonesia Defrizal, Defrizal; Zaenal Muttaqien; Rudi Kurniawan
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18718

Abstract

Legal certainty in the area of geothermal energy exploitation is very important to ensure the sustainability of geothermal operations in Indonesia. One interesting case to be analyzed is the joint operation contract in the Dieng and Patuha areas. Legal certainty regarding geothermal licensing in these areas has a significant impact on investment and the development of geothermal technology in Indonesia. This study aims to find out the legal status of the Decree of the Minister of Energy and Mineral Resources No. 2789 K/30/MEM/2012 and Minister of Energy and Mineral Resources Decree No. 2192K/30/MEM/2014 reviewed with the licensing theory and legal certainty theory. This study uses a normative legal method with a juridical-normative approach. The results found that the legal product from the geothermal authority in the form of a Decree of the Minister of Energy and Mineral Resources concerning Affirmation of the Working Area for Geothermal Resources Concession has an impact on the absence of legal certainty even though the existing regulations are sufficient to regulate geothermal permits. This should be an urgency to implement laws that apply as a form of guaranteeing absolute legal certainty. Keywords: Geothermal, Licensing, Dieng-Patuha, Legal Certainty, Urgency
ELEMEN-ELEMEN DASAR KEJAHATAN TERHADAP KEMANUSIAAN : Basic Elements of Crimes against Humanity Ayu Nrangwesti; Yulia Fitriliani; Maya Indrasti Notoprayitno
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18772

Abstract

This research was created to analyze the basic elements of crimes against humanity as stated in the 1998 Rome Statute. The study carried out was comprehensive (looking through the context of Indonesian criminal law, human rights law and international law), and comparative (comparing the elements of the crime of genocide). The background to the emergence of the research problem is the uncertainty of the nomenclature of crimes against humanity which includes the word humanity in it. This is because the concept of humanity can give rise to broad interpretations. This research is also motivated by the desire to compare crimes against humanity with the crime of genocide, especially those related to similar or overlapping elements. The problem in this research consists of 2 (two) main problems, namely: First, a comprehensive analytical elaboration of 3 (three) basic elements crimes against humanity; The second analytical elaboration is comparative to the crime of genocide. The aim of this research is ultimately to provide recommendations to the Indonesian government regarding input for reconceiving crimes against humanity in statutory regulations. The benefits of research are both academic (one of the duties of lecturers is conducting research and for teaching materials for international criminal law and human rights law) and practical (for practitioners, such as judges, prosecutors, lawyers, non-governmental organization activists and social/human rights observers man). This research is a type of doctrinal research with a comparative approach. The research data sources used are primary legal materials (primary sources). Apart from primary legal materials, secondary legal materials (secondary sources) are also the main sources in this research. A comparative approach is carried out by comparing the elements contained in crimes against humanity with the crime of genocide. The conclusion of this research is the discovery of 3 (three) main elements of crimes against humanity, namely: Widespread and systematic attacks; Directed attack on civilian people; Imputable to state/organization's policy. The most difficult element to prove is the third element, namely finding a connection between the actions of a person or group of people and their country's policies. The crime of genocide includes concrete and reliable elements that characterize the crime, while crimes against humanity still seem to overlap with the crime of genocide, even with other international crimes. Keywords: Genocide; Imputability; Crimes against Humanity; Widespread and Systematically Attack; Civilian.
KEDUDUKAN HUKUM PENGURUS PERSEROAN SEBAGAI PENANGGUNG PAJAK: Legal Position Of The Management Of The Company As Tax Bearer I Gede Yudi Arsawan; Dian Purnamasari; Rini Purwaningsih
Jurnal Hukum PRIORIS Vol. 11 No. 1 (2023): Jurnal Hukum Prioris Volume 11 Nomor 1 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i1.18776

Abstract

In carrying out the governance of a nation, there are expenses necessary for the expenditures of the state, some of which are obtained through tax revenues collected from individuals classified as taxpayers. However, not all taxpayers fulfill their tax payments on time, and sometimes there are those who fall behind on their taxes, resulting in tax debt. Article 9, paragraph (2) PMK 61/2023 specifically governs the liability of limited liability company directors, wherein the corporate tax debt can be borne personally and/or jointly, including the entire tax debt and tax collection costs. This differs from the responsibility of limited liability company directors as regulated in Law 40/2007, which fundamentally imposes limitations on the accountability of individuals in their positions. As a result, there is ambiguity for corporate managements regarding the limitations of accountability in the tax perspective compared to the corporate law perspective. This research attempts to examine the importance of affirming the legal position of corporate directors as tax debtors. By using normative methods, the author aims to find legal certainty regarding the issues discussed. This research concludes that there is a legal vacuum in regulating the requirements for corporate managements to be exempted from being tax bearers. So that the author recommends that written regulations must be made regarding the understanding of the tax debt insurer for the company's tax debt is limited only to the company's management who is responsible for the company when the tax debt arises. Keywords: Corporate Managements, Tax Debt Insurer, Tax Debt
TINJAUAN TEORI KRIMINOLOGI DALAM KEJAHATAN SIBER (KASUS KEBOCORAN DATA NASABAH) : Overview of Criminological Theory in Cyber Crime (Customer Data Leakage Cases) Gumelar Rizki Duana; Ali Masyar; Cahya Wulandari; duana, Gumelar
Jurnal Hukum PRIORIS Vol. 11 No. 2 (2023): Jurnal Hukum Prioris Volume 11 Nomor 2 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i2.18959

Abstract

Internet or mobile banking is an application or service that connects a device to a banking system. Internet and mobile banking services have many benefits, especially facilitating transactions that only use electronic devices that have internet access. However, with such facilities there are also risks and threats to the users of the tenology services. In some cases, banks may experience digital service disruption caused by hacker attacks. Hacker attacks include cybercrime and violations of the law. Criminological theory can be used to enforce criminal law because it provides answers to the questions of how or why a person and certain behavior are considered evil by society. This study tries to explore criminological theories that can be used in cybercrime in cases of customer data leakage. With the method of juris-empirical research, the author hopes to study the criminological theory in cybercrime, so that the theory can be used to counter its crime in the case of customer data leakage. The conclusion of this study is that there are four criminological theories that can be used to analyze cybercrimes in hacker cases involving customer data leaks, namely: anomie theory, differential association, social control, and neutralization. This criminological theory can be used as a government strategy to take penal and non-penal policy steps against cybercrime in Indonesian banking.
FAKTOR – FAKTOR MENDASAR KEJAHATAN SIBER TERHADAP KEMANUSIAAN : Key Determinants Of Cybercrimes Targeting The Human Population Tri Ginanjar Laksana; Sri Mulyani
Jurnal Hukum PRIORIS Vol. 11 No. 2 (2023): Jurnal Hukum Prioris Volume 11 Nomor 2 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i2.18960

Abstract

The issue of cyber crimes against humanity is rapidly emerging as a worldwide concern in the present day. Cybercrime, including activities like identity theft, online fraud, and cyberattacks, has a detrimental influence on society and people. This study examines the factors that lead to cyber crimes targeting the human population. We must be comprehensively aware of these constituent factors to enhance our efforts in combating cybercrime and safeguarding our digital security. In order to address this research question, we used normative juridical and empirical juridical research methodologies. We conducted a descriptive analysis and utilized both primary and secondary data sources. The study findings indicate the imperative need to address and counteract cybercrime against humanity. Collaboration among individuals, organizations, and governments is necessary to implement suitable security measures effectively and enhance public knowledge of cybercrime. In order to safeguard humanitarian interests, we must persist in examining and comprehending the fundamental elements of cybercrime. Through persistent endeavors and robust collaboration, we can enhance the security of the digital realm and safeguard society from cybercriminal activities.
HAKIKAT KEBENARAN DAN KESETARAAN YANG DICARI DALAM PRINSIP MENDENGAR PIHAK-PIHAK : The Essence of Truth and Equality Sought In The Principle of Hearing The Parties Dwi Handayani; Handayani, Dwi
Jurnal Hukum PRIORIS Vol. 11 No. 2 (2023): Jurnal Hukum Prioris Volume 11 Nomor 2 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i2.19232

Abstract

In civil litigation, the phenomenon of judgments that do not reflect the fairness or balance of the litigants undermines justice and legal certainty. Although the legal principle of hearing both parties is a manifestation of balance in judicial procedures, the judge's decision does not provide strict punishment for violations of legal principles, only violations of the code of ethics so that they are often violated in practice. Basically, this process focuses on the truth that will be sought and found for a fair and balanced trial in a civil case. This research uses a qualitative approach, with primary and secondary data sources which will then be analyzed with analytical descriptive techniques to answer legal issues. The results of the study concluded that in principle the judge looks for formal (relative) truth in the evidence presented by the parties, but if the judge is not sure it is okay to make a legal breakthrough by seeking material truth in the evidentiary process at trial to get a fair and balanced verdict. This study recommends that judges should actively seek truth in the civil cases they handle even though civil judges are civil judges in principle
UANG KRYPTO DALAM TRANSAKSI KONVENSIONAL DAN DIGITAL: Krypto Money In Conventional and Digital Transactions Andi Widiatno Hummerson; Olivia Pauline Hartanti
Jurnal Hukum PRIORIS Vol. 11 No. 2 (2023): Jurnal Hukum Prioris Volume 11 Nomor 2 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i2.20047

Abstract

This causes residents' activities to stop and impacted on the economy. For those whose wages have been reduced or lost their jobs. E-commerce offers a solution to becoming an investor in the digital crypto market. The crypto digital market uses cryptocurrencies or cryptocurrencies such as Bitcoin. There are several ways to convert a country's currency into cryptocurrency via the P2P method. Banks also have an important role in transferring money between accounts, but the legality of cryptocurrencies must be regulated and supervised by the OJK and BI. This is an effort for Indonesia to develop and compete with other developed countries. The problems in this paper are (1) What is the legality of bank transactions regarding the conversion of conventional currency into crypto currency? and (2) How do OJK and BI regulate transactions and use of crypto currency in Indonesia? The conclusions are (1) The legality of Bank transactions regarding the conversion of conventional currency into crypto currency for Bank transactions is of course guaranteed legal certainty because this has been regulated in the Fund Transfer Law. (2) There are still no regulations regarding transactions and use of crypto currency. The recommendation is that regarding buying and selling transactions using crypto money, new arrangements can be made similar to share buying and selling transactions that occur in the capital market
PENGARUH TEKNOLOGI TERHADAP KEPEMILIKAN HAK KEKAYAAN INTELEKTUAL: The Influence of Technology on Intellectual Property Ownership Rr. Aline Gratika Nugrahani
Jurnal Hukum PRIORIS Vol. 11 No. 2 (2023): Jurnal Hukum Prioris Volume 11 Nomor 2 Tahun 2023
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v11i2.20049

Abstract

One of the impacts of rapid technological advancement is the emergence of anti-mainstream thinking. In 2015, an animal protection organization declared that Naruto, a Bornean monkey, had the right to copyright for his own selfie. As Artificial Intelligence technology developed rapidly and its performance surpassed human capabilities, it was argued that Artificial Intelligence should be entitled to Intellectual Property Rights. This paper uses normative research methods with legislative and case approaches. Based on several theories, it can be concluded that a legal subject is anything that can hold rights and obligations under the law. Technically, Artificial Intelligence can indeed perform many tasks usually done by humans, but it must be noted that Artificial Intelligence cannot enjoy its rights and fulfill its obligations. Artificial Intelligence is still a technology in the form of a computer system resulting from human innovation, not something that exists by itself. Therefore, Artificial Intelligence cannot be granted any rights, including Intellectual Property Rights, because the concept of Intellectual Property Rights is a right given to anyone who engages in intellectual activities and produces intellectual works. This right is given so that intellectual work owners can gain economic benefits, promoting the creation of sustainable Intellectual Property products.
PRINSIP REKRUTMEN HAKIM PENGADILAN PAJAK PASCA PUTUSAN MAHKAMAH KONSTITUSI NOMOR 26/PUU-XXI/2023: The Fundamental of Recruitment Tax Court Post Constitutional Court Decision Number 26/PUU-XXI/2023 Evanto Pandora Manalu
Jurnal Hukum PRIORIS Vol. 12 No. 1 (2024): Jurnal Hukum Prioris Volume 12 Nomor 1 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i1.21072

Abstract

Constitutional Court Decision Number 26/PUU-XXI/2023 mandates a shift in the authority of an institution, namely the Tax Court under the Supreme Court. Apart from relates the organizational governance, finance and administration of the Tax Court was previously led by the Ministry of finance Republic Indonesia, of course the recruitment of tax judges relates all the required terms and conditions. For this reason, a guideline is needed in the process of procuring tax judges in accordance with the mandate of the Constitutional Court Decision Number 26/PUU-XXI/2023 in accordance with the procurement of judges previously regulated by the Supreme Court in accordance with applicable laws and regulations. The fundamental of recruiting tax judges hopely there will be a method and determination of the qualifications of more qualified judges considering that the Supreme Court will become a new vessel for tax judges generally as well general court, religion court, administration court, military court. It also hoped that the procurement and recruitment of tax judges will not only emphasize capability and quality in tax acknowledge but also prioritize aspects of legal knowledge or capability in examining cases carried out by judges under Supreme Court.
KEDUDUKAN NOTA PEMERIKSAAN DALAM PUTUSAN PENGADILAN HUBUNGAN INDUSTRIAL: The Position of Examination Notes in Industrial Relations Court Decisions Sugeng Santoso PN
Jurnal Hukum PRIORIS Vol. 12 No. 1 (2024): Jurnal Hukum Prioris Volume 12 Nomor 1 Tahun 2024
Publisher : Faculty of Law, Trisakti University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25105/prio.v12i1.21193

Abstract

This research discusses the position of examination notes in the decisions of industrial relations courts. Examination notes are instruments issued by labor inspectors to examine and assess the compliance of an event with the prevailing norms in industrial relations. This study examines how examination notes are recognized and treated in the process of industrial relations court proceedings, particularly in the context of evidence presentation and judicial decision-making. The research method used is juridical-normative with a statutory and case approach. The results show that examination notes are used as formal evidence in the form of documents in industrial relations court proceedings. However, despite being used as documentary evidence, examination notes have different positions in each decision because some judges consider examination notes as decisive factors in making decisions, while others disregard them and do not consider them as one of the considerations in making court decisions. This research provides valuable insights for labor law practitioners and decision-makers in dealing with cases involving examination notes in industrial relations courts.

Page 19 of 21 | Total Record : 206

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