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Sinergi International Journal of Law
Published by YAYASAN SINERGI KAWULA MUDA
ISSN : -     EISSN : 30217989     DOI : https://doi.org/10.61194/law
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Sinergi International Journal of Law with ISSN Number 3021-7989 (Online) published by Yayasan Sinergi Kawula Muda, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability of law to aid in the recording and interpretation of international law practices.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
 1 
Search results for , issue "Vol. 2 No. 1 (2024): February 2024" : 6 Documents clear
The Legal Certainty of Legitimate Ownership in Copyright Works of Songs or Music, as well as Associated Rights in Non-Declarative Recording in accordance with the Royalty Management System under Government Regulation No. 56 of 2021 (Case Study on Copyrigh Litoama, Fransiskus; Purgito
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.102

Abstract

The non-registration of data on song or music creators and related rights in the Directorate General of Intellectual Property (DJKI) database and the Song and Music Information System (SILM) could lead to legal uncertainty regarding the economic rights of song or music creators and related rights in claiming royalty rights. This research aims to explore the legal consequences of a song or music copyright/related rights that are not registered in the SILM and the dispute resolution patterns as efforts to provide legal protection for unregistered song or music copyrights/related rights in the SILM. The applied method is empirical sociology to assess the effectiveness of legal instruments in accordance with applicable regulations by observing the research objects and the level of their implementation in practice. The results indicate that for works of music or songs not recorded in the SILM, royalty payments are made voluntarily by users with the condition of not creating new records, and dispute resolution patterns involve mediation through the PPNS before proceeding to litigation to seek a win-win solution.
Responsibility of the Inspectorate for the Prevention and Handling of Corruption Cases in the Region or Ministry: (Reviewed in accordance with Law Number 19 of 2019 concerning the Eradication of Corruption) Santoso, Bambang; Haryanti, Amelia
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.107

Abstract

This research aims to determine the role of the Inspectorate in carrying out internal oversight as an effort to detect potential corruption at the regional level. Rampant corruption at various levels of local government necessitates an active role from internal oversight institutions such as the Inspectorate. The Inspectorate serves as the frontline in preventing corruption at the local level. Consistent and effective anti-corruption efforts by the Inspectorate can positively contribute to creating a government that is clean, accountable, and serves with integrity for the welfare of the community. The role of the Inspectorate in preventing corruption at the local level is crucial in ensuring the establishment of a clean, transparent, and integrity-driven governance. As an internal oversight institution at the local level, the Inspectorate plays several strategic roles that contribute to anti-corruption efforts. This research aims to analyze the methods and strategies employed by the Inspectorate in monitoring and identifying potential corrupt practices, as well as to analyze the impact of internal oversight effectiveness on corruption prevention at the regional level. The research methodology involves documentation analysis, interviews with Inspectorate officials, and surveys of opinions from relevant stakeholders. The results of this research are expected to provide a better understanding of the Inspectorate's role in combating corruption at the local level and offer recommendations for improvements in internal oversight implementation.
The Legal Certainty Surrounding the Status of Children Born Through in-Vitro Fertilization With a Deceased Biological Father is A Subject of Discussion Dermawan, I Made
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.108

Abstract

The purpose of marriage includes the desire to have offspring; however, not all married couples achieve this, often due to primary health issues. Expert doctors, armed with knowledge and technology, have discovered a method in the process of reproduction known as in-vitro fertilization (IVF). This discovery serves as a solution for married couples facing health problems. IVF is a process where egg fertilization by sperm occurs outside the female body, utilizing a fertilization tube. The resulting valid fertilization is then implanted in the wife's womb, from where the egg originated. The legal regulations for IVF are based on Law Number 36 of 2009 concerning health. Assisted pregnancy efforts can only be undertaken by legally married couples, meeting specific criteria such as fertilization materials originating from the husband and wife, with the implantation performed by authorized healthcare professionals at designated facilities. If these conditions are met, the offspring resulting from IVF is considered the biological child of the married couple. However, new challenges arise when the IVF process is conducted after the husband's demise, particularly in determining the lineage and civil rights status of the child or baby born through this process. To address these new challenges, this research aims to understand the legal status of posthumous IVF implementation and the lineage and civil rights status of children born through this process. The research is conducted through a literature review, utilizing a normative approach, with data collection from primary and secondary sources. The research findings indicate that the lineage and civil rights of a child born through posthumous IVF can be established with evidence from the biological father, demonstrated through scientific and technological means or other legal evidence establishing a blood relationship, as highlighted in Constitutional Court Decision No. 46/PUU VIII/2010.Keywords: In-Vitro Fertilization (Bayi Tabung), Legal Certainty, Civil Rights.
Equality Before the Law in Law Enforcement in Indonesia Suhendar; Aringga, Rino Dedi
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.109

Abstract

Law enforcement is an effort to uphold and implement the values of justice outlined in formal regulations. However, a significant obstacle often arises from the actions of law enforcement officers conflicting with existing laws. This article discusses law enforcement in Indonesia from the perspective of equality before the law, using a juridical-empirical research method through literature review. The results indicate several deviations in the law enforcement process that hinder the realization of the principle of equality before the law. One of the main causes is the morality of law enforcement officers themselves.
The Study of the Indonesian Ulama Council's (MUI) Fatwa Number 11 of 2012 Regarding the Status of Children Born out of Adultery and Their Treatment: Correlation with the Constitutional Court Decision Number 46/PUU-VIII/2010 Susilowati, Asih
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.110

Abstract

The status of children born out of wedlock and the treatment towards them: a study of the fatwa from the Indonesian Ulama Council (Majelis Ulama Indonesia or MUI) Number 11 of 2012 concerning the position of children born out of wedlock and its correlation with the Constitutional Court Decision Number 46/PUU-VIII/2010, a historical-sociological analysis. In reality, pregnancies outside of marriage are still prevalent in Indonesian society. Legal provisions also address marriage issues and the status of children, as stipulated in Law Number 1 of 1974 concerning Marriage, which, in Article 1, defines marriage as a spiritual and physical bond between a man and a woman. Regarding the status of children born out of wedlock and the treatment towards them, MUI issues a fatwa that emphasizes legal protection for the child. The government is obligated to protect children born out of wedlock and prevent abandonment, especially by imposing punishment on the man responsible for the birth to fulfill the child's needs. However, this does not establish paternity for the man causing the birth. The correlation with the Constitutional Court decision and the historical-sociological analysis addresses the societal need for fair rights and protection, particularly for women and children. Despite this, these considerations were not incorporated into the revision of Law Number 16 of 2019 concerning Marriage. This raises questions about the fulfillment of philosophical and sociological considerations in the formation of the Republic of Indonesia Law Number 16 of 2019 amending Law Number 1 of 1974 concerning Marriage.
The Role of Forensic Autopsy in Pursuit of Material Truth in Optical Evidence for Negative Legal Proof in the Cyanide Coffee Murder Case Isnaeni, Belly
Sinergi International Journal of Law Vol. 2 No. 1 (2024): February 2024
Publisher : Yayasan Sinergi Kawula Muda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61194/law.v2i1.116

Abstract

Conducting criminal investigations in Murder cases sometimes faces challenges in obtaining the family's consent for the victim's autopsy. This difficulty arises due to issues related to the victim's religious beliefs, which prohibit the autopsy of murder victims. The autopsy process by the investigative authorities encounters internal obstacles due to limited government funding for the autopsy process. The problem in this research is that, since no autopsy was conducted on Mirna's body, the cause of death remains unknown to establish material truth. The police can compel an autopsy based on Article 134, paragraph (1) of the Criminal Procedure Code, which includes the phrase "when it is highly necessary, and for the purpose of proving, a body autopsy cannot be avoided." Looking at this phrase, whether an autopsy is performed on murder victims is within the investigator's authority and based on the investigator's subjective considerations.

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