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Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Published by Universitas Katolik Widya Karya Malang
ISSN : 29874866     EISSN : 29881668     DOI : 10.59581
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 194 Documents
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Analisis Pertanggungjawaban Perekam Film Mnggunakan Kamera Video Dalam Bioskop Yang Diunggah Pada Media Sosial Cahyani Wayuningtias Posangi; Mutia Cherawaty Thalib; Mohammad Taufiq Zulfikar Sarson
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2702

Abstract

This research is intended to find out (1) whether recording a film using a video camera and uploading it via Instagram story in the cinema constitutes a copyright violation. (2) what are the legal consequences of violations of film recording using a video camera in a cinema that is uploaded and distributed on social media Instagram stories? This research uses a type of normative legal research with a statutory approach, conceptual approach and case approach. The sources of legal materials used are primary legal materials and secondary legal materials. The primary legal materials in this research are legal materials of an authoritative nature such as statutory regulations, court decisions, and treatises, as well as official state documents. Meanwhile, secondary legal materials consist of books, scientific articles and other sources that are considered relevant to the research to be conducted. The results of the research show, firstly, that the act of recording film scenes by members of the public in a cinema, which in turn is uploaded to social media, cannot necessarily be classified as a criminal offence, on the grounds that the elements of this criminal act cannot be fulfilled. On the other hand, the community's intention to violate economic rights for commercial purposes must be fulfilled first to determine the action as a criminal offense. Second, legal protection by the government, in this case the Directorate General of Intellectual Property at the Ministry of Law and Human Rights of the Republic of Indonesia for creators or rights holders, can be done in two ways: the first is by instilling a sense of awareness in the community, and the second is by creating a legal protection policy ( new legal protection policy) by revising the Law on Copyright.
Implikasi Hukum Dalam Transfer Jaminan Fidusia Tanpa Persetujuan Penerima Fidusia Marsandy Calvin Budiman; Nirwan Junus; Sri Nanang Kamba
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2706

Abstract

The aim of this research is to identify and analyze the factors that drive fiduciaries to transfer fiduciary objects to third parties without the consent of the fiduciary receiver. Furthermore, this study also aims to analyze the legal protection provided to the fiduciary receiver concerning the transfer of fiduciary collateral conducted by the fiduciary without the consent of the fiduciary receiver. Lastly, this research will examine the criminal liability that arises from the transfer of fiduciary collateral without the consent of the fiduciary receiver.In conducting this research, the researcher employs a normative-empirical legal research approach, utilizing the statutory approach, comparative approach, and case approach. Criminal liability in the transfer of fiduciary collateral without the consent of the receiver may result in criminal responsibility for the fiduciary. Article 36 of Law Number 42 of 1999 concerning Fiduciary Collateral stipulates that a fiduciary who transfers the collateral object without written consent from the fiduciary receiver may be held criminally accountable..
Urgensi Pembaharuan Undang-Undang Desa (Undang-Undang Nomor 6 Tahun 2014) Terkait Standarisasi Implementasi Kebijakan Tata Ruang Desa Endriyani Lestari
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2707

Abstract

The Village Spatial Plan (RTRW) is a follow-up interpretation of the District RTRW. These provisions have been stated separately in the Village Law. However, in practice, standardization of village spatial policy implementation has not been fully implemented. The concept of village development needs to pay attention to village spatial planning to ensure the benefits and compliance of existing regulations. The method applied in this study is the normative juridical method through qualitative review. Normative juridical review is a stage of legal review carried out through the review of library sources or secondary information as the main material by conducting research related to the problem under study. The results of this study show that to implement policies related to village spatial planning, there are two possible factors, namely supporting and inhibiting factors. To develop clarity on the objectives of policy implementation, legal certainty is needed that can accommodate the needs of village structuring and control.
Kajian Literatur : Perlindungan Hukum Terhadap Korban Revenge Porn Sahira Azzahra; Atika Fitriani; Erma Nuril Fajria; Mivtahul Janati Rahmi Fajri; Sarifah Aini Hasibuan; Ilham Hudi
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2743

Abstract

Gender inequality, sexual violence, domestic violence, trafficking in women, and wartime exploitation are some of the many human rights violations that occur. With the advancement of information technology and globalization, the use of violence has changed and evolved. Revenge pornography, also known as "revenge porn", is combined with direct acts of violence. The purpose of this research is to find out what causes revenge pornography and how legal protection can be given to its victims. This research uses normative research that uses legislation to examine a study by examining theories, concepts. Some of the causes of revenge pornography crimes are as follows: Ineffective laws, the patriarchal culture that still exists in Indonesian society, lack of sexual education, law enforcement that has not run properly, and handling victims who often backfire. The state is responsible for protecting victims of sexual harassment. Several existing laws protect victims of pornographic abuse.
Restorative Justice Perkara Narkotika Menurut Perkapolri Nomor 8 Tahun 2021 Aguk Nugroho
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2749

Abstract

One of the efforts to resolve crimes that occur in people's lives is not only through law enforcement efforts, but through a restorative justice approach that is different from the conventional criminal justice system, where this approach emphasizes the direct participation of perpetrators, victims and the community in the process of resolving criminal cases. The aims of this study are (1) to find out the application of restorative justice in narcotics cases in Indonesia; (2) To find out the legal considerations of restorative justice in narcotics cases in Indonesia. Empirical normative research type. Normative legal research (applied law research) is research that uses normative legal case studies in the form of legal behavior products. This study uses a qualitative analysis method, which is in the form of an in-depth interpretation of legal materials as is usually the case with normative legal research. In carrying out the application of restorative justice in narcotics cases in Indonesia, it has been carried out well from a procedural point of view. Basically, criminal cases can be stopped at the stage of investigation and/or investigation based on restorative justice only on crimes that are not serious crimes. Legal considerations of restorative justice in narcotics cases in Indonesia, namely by balancing the interests of various parties (perpetrators, victims, society and the State); Non-compliance with the guidelines and basic principles that have been formulated on the basis of the principles of "human development, mutually, empathy, responsibility; respect and fairness”; The feelings of victims who feel they are experiencing "re-victimization" because they feel pressured; Attempts from the formal criminal justice system to take over the restorative justice movement.
Politik Hukum Dalam Menangani Pertanahan Agraria Di Indonesia Hurotun Afifah; Ayang Fristia Maulana
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2753

Abstract

Agraria law is the law that regulates relations between people and land and other people. Sudikno Mertokusumo explained that the law, also known as land law, is the interest of people in other people regarding land. According to Subekti, agrarian law is the totality of legal provisions, whether civil, state administration or state administration law, which also regulates authorities that originate from certain relationships. For information, the basis of agrarian law is regulated in Law Number 5 of 1960 concerning basic regulations on agrarian principles or UUPA. In this agrarian law regulation, there are at least seven principles1. These are: the principle of control by the state, the principle of social function, the principle of customary law, the principle of nationality or nationhood, the principle of limiting land ownership for the sake of the public interest, the principle of general planning and the principle of land preservation. From various literature it is known that the history of the birth of the UUPA tells the long history of the struggle of national figures in reducing the impartiality of land law for the benefit of society at large. In the era of reform, the logical consequences between political existence and interests and legal certainty, especially regarding land issues, have become a trending topic that is interesting to discuss. The complexity of land issues in this country is increasingly increasing and complicated, and is exacerbated by friction between interests that are politically charged. Legal politics consists of a series of words politics and law. (Suderto, et., al 1983) explains that politics is used in various meanings, namely: 2 1. The word polik in Dutch, which means something related to the State 2. Means discussing state issues or those related to the State Furthermore, Sudarto emphasized that the meaning of politics is policy which is a synonym for policy. In this sense, the words economic politics, crime, legal politics and criminal law politics are found. The relationship between politics and law, according to (Mahfud et., al 1998) explains that law is a political product. Law is seen as an independent variable (variable influence) and politics as an independent variable (variable influence). With this assumption, Mahfud formulated the law as: 3 Legal policies that will be or have been implemented nationally by the government also include an understanding of how politics influences the law by looking at the configuration of forces behind the creation and enforcement of the law. Here the law is not only seen as articles that are imperative or mandatory, but must be seen as a sum system which in reality is not impossible, in fact it is not impossible which is very much determined by politics, both in the formulation of material and articles and in implementing them.
Kontradiksi Penggunaan Hak Veto Atas Kesetaraan Prinsip Kedaulatan Anggota PBB Mutari Madhuri; Najar Pratama
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2757

Abstract

The United Nations is an international organization that has very important role in maintaining world peace and security. The United Nations Charter does not provide much explicit regulation regarding Veto rights. the use of the Veto rights is community, and in this research we will discuse the regulations regarding the Veto right and its various relevance in relation to the principle of sovereignty adopted by the United Nations. That basically the regulation of the principles and principle of equality of state sovereignty has been expressly regulated in article 2 paragraph (1) of the UN Charter. The provisions are the basis for carrying out the functions of the UN as an international organization, including the basis for carrying out the functions of its main organ. Therefore, this principle becomes a guide for decision makers in the UN security council until there is no longer any reason to justify the use of the Veto right.
Perlindungan Hukum Terhadap Korban Kejahatan Perang: Perspektif Hukum Humaniter Internasional Muhamad Wildan; Fatih Arif Mutaqin
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2759

Abstract

People who are not involved in war receive legal protection, as regulated in Article 3 of the 1949 Geneva Convention. People who are protected include combatants, militia members and civilians, but the protection has not been implemented properly, because violence often occurs against they. This writing explains the protection of people who are not involved in war, but this protection is still far from what it should be because violence still occurs against civilians who are victims of inhumane actions.
Tinjauan Yuridis Diskresi pada Birokrasi Digital Intan Lovisonnya; Astrid Amidiaputri Hasyyati
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2850

Abstract

Digital bureaucracy is a new bureaucratic system that arises because of globalization, as well as a substitute for the classic bureaucratic concept, namely paper-based bureaucracy. Digital bureaucracy has a role in improving the good governance system, by increasing the four indicators of good governance principles, namely transparency, accountability, efficiency and effectiveness. Indonesia can take advantage of the existing demographic bonus. Human resource management as the foundation for running the digital governance wheel is an important key. Adoption of technology in various public service sectors and supported by human resources with high digital adaptability is expected to increase the competitiveness of our governance. The state has a goal in realizing the welfare of its people. So that the state needs to do various things in meeting the needs of the community through the implementation of public services. In order to meet the needs of the community to run well, the urgency related to the quality of public services is very large. As for what affects the quality of public services, one of them is internal factors, namely discretionary authority,actions determined, carried out by government officials to overcome concrete problems faced in the administration of government in terms of laws and regulations that provide choices, do not regulate, are incomplete or unclear,there is government stagnation. Discretion is used by the government for and on behalf of positions, carried out within the formal environment of the authority of government officials, its implementation is directed at effectiveness and efficiency, and must be in accordance with AUPB, and based on the principle of rationality. Any use of government officials' discretion is aimed at facilitating government administration, filling legal voids.
Kekuatan Tanda Tangan Elektronik dalam Konsep Cyber Notary Menurut Presfektif Permen Kominfo Nomor 11 Tahun 2022 Hildatul Insyiroh; Nynda Fatmawati Octarina
Doktrin: Jurnal Dunia Ilmu Hukum dan Politik Vol. 2 No. 2 (2024): April :Doktrin: Jurnal Dunia Ilmu Hukum dan Politik
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/doktrin.v2i2.2851

Abstract

A signature is a signature that represents a symbol as a result of a statement or a statement, a product whose development has been very rapid, and has become increasingly popular, an information technology and electronics company which is increasingly popular. With that, the Ellektronilk transaction was born and the use of ElleKtronilk's signature process as an aspect human error. So from iltul pelrlul pelnyelsulailan dulnila dilgiltal telrkailt konselp cybelr notary in ellelktronilk transactions. Ilnil research examines the effectiveness of ellelktronilk's signature in the notary cybelr concept meldnulrult prelsfelktilf pelrmeln komilnfo number 11 of 2022 and implements the research meltodel yulrildils normilvel yailtul sulatul development towards hulkulm problems from the perspective of the US implementation of legal regulations that are valid, article 15 paragraph (3) UlUlJN which regulates that notaries There are also other laxities that are regulated in the regulation of regulations. One of them is the ability to sell transactional financial assets carried out through e-Notary (el-Notary) which ultimately results in deeds of ilkrar, waqf and airplane mortgages. Telrbult legal regulations can be taken from UlUl ILTEl as a legal stand to support the implementation of el-Notary in carrying out electronic transactions. The ability to complete an Otelnilk deed as well as to sign it personally as a legal agreement between Common Law and Civil Law Notaries, between Cybelr Notary and Ellelktronilk Notary. The three things that have been developed have resulted in a formalized renewal strategy produced in a complete, reliable, reliable and safe system through a collaborative strategy developed by several companies or companies using the company's technology team. telmul, selkalilguls' harmony and practice in carrying out the position of notary in Ilndonelsila. The resulting conclusion is that Ellektronilk's signature strength in the notary cybelr concept in the Pelrmeln Komilnfo prelsfelktilf number 11 of 2022, still has no strong legal strength.

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