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PROGRAM STUDI ILMU HUKUM FAKULTAS HUKUM UNIVERSITAS ISLAM JEMBER Jl. Tidar No. 19 Sumbersari, Jember (Kampus 2) Telp./Fax. (0331) 339055 Fax. (0331) 339011, JEMBER, 68124
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Jawa timur
INDONESIA
Welfare State Jurnal Hukum
Published by Universitas Islam Jember
ISSN : 29626412     EISSN : 29626439     DOI : https://doi.org/10.56013/welfarestate.v2i1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Welfare State Jurnal Hukum merupakan jurnal ilmiah yang diterbitkan secara berkala oleh Program Studi Ilmu Hukum Fakultas Hukum Universitas Islam Jember. Welfare State Jurnal Hukum dibentuk bertujuan untuk menjadi sarana yang efektif dalam upaya meningkatkan budaya penelitian dan publikasi karya ilmiah bagi akademisi dan praktisi hukum yang sesuai dengan standar mutu nasional. Welfare State Jurnal Hukum terbit berkala dua kali dalam satu tahun yaitu pada bulan April dan Oktober dengan 6 artikel dalam setiap nomor terbitan. Fokus kajian Welfare State Jurnal Hukum meliputi isu-isu hukum utama baik di Indonesia maupun internasional dalam lingkup Hukum Perdata, Hukum Pidana, Hukum Korporasi, Kebijakan dan Hukum Peradilan Pidana, Hukum Konstitusi, Hukum Hak Asasi Manusia, Hukum Administrasi, Hukum Lingkungan, Hukum Pertanahan, Hukum Kekayaan Intelektual, Hukum Teknologi Informasi, Hukum Internasional, Hukum Islam, Asas dan Teori Hukum, Metodologi Penelitian Hukum, serta Arbitrase dan Alternatif Penyelesaian Sengketa (ADR).
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Konstitusional Pasal Penghinaan Terhadap Presiden dan/atau Wakil Presiden Dalam Perspektif Kebebasan Berpendapat bagi Warga Negara (Telaah Atas Pasal 217-220 Undang-Undang Nomor 1 Tahun 2023 Tentang Kitab Undang-Undang Hukum Pidana) Sholeha, Faridatus; Musfianawati, Musfianawati; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2402

Abstract

The Constitutional Court decision No.013-022/PUU-IV/2006 issued in 2006, it was stated that the article on insulting the President contained in Article 134, Article 136 and Article 137 of the Criminal Code no longer had binding legal force. The Constitutional Court stated that in its ratio decidendi regarding the abolition of the article on insulting the President and/or Vice President, namely with several considerations: 1) The Criminal Code is a legacy of Dutch colonialism. 2) Give rise to legal uncertainty (rechtsonzekerheid) and the principle of equality before the law does not apply. 3) protection of human rights. The redaction of the article on insulting the President and/or Vice President as stated in Article 217-Article 218 of Law the Criminal Code is no different from the redaction of the article on insulting the President and/or Vice President which has been declared unconstitutional by the Constitutional Court. Minimize the occurrence of a judicial review in the next three years regarding the article regarding insulting the President and Vice President. So the restrictions on the article regarding insulting the President and Vice President can be regulated by equivalent legal regulations, such as government regulations as a matter of urgency in explaining the article.
Penerapan Hukum Jipen/Singer dalam Tindak Pidana Asusila Masyarakat Suku Dayak Ngaju (Study Kasus di Desa Pundu, Cempaga Hulu, Kotawaringin Timur, Kalimantan Tengah) Nikmatul Janah, Anisa; R. Hariandja, Tioma; Alkahfi Setiawan, Sidi
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2415

Abstract

Indonesia has a diverse population. Which are various tribes and nations and have their own characteristics. One of them is the Dayak tribe, a Kalimantan tribe who live in groups living in the interior, in the mountains, and so on. One of the sanctions owned by the Dayak tribe is called Jipen which has another name, namely Singer. The first problem is how is the application of the Jipen/Singer law in immoral crimes in the Dayak Ngaju tribe, Central Kalimantan?. Second problem What is the power of law in the application of the Jipen/Singer law in cases of immoral crimes?. Namely Jipen is a customary legal action for the Dayak tribe. Which is the application of the Jipen Law in Immoral Crimes. Traditional leaders who will singer who violate Dayak customary rules. Jipen is a punishment given to the perpetrator. Customary law is recognized by the state as legal law. In which the State recognizes customary law community units and their traditional rights, because Jipen law emerges from indigenous peoples. The power of Customary Law applied in the form of Jipen/Singer is very strong and thick.
Perlindungan Hukum Terhadap Data Pribadi bagi Nasabah Pinjaman Online Duwi Rindiantika, Wafia; Laily Mufid, Firda; Winiari Wahyuningtyas, Yuli
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2416

Abstract

Online lending or peer to peer landing as a form of financial technology is the result of technological advances that offer many loans with easier and more flexible terms and conditions when compared to conventional financial institutions such as banks. But it turns out that behind this convenience, of course there are consequences and risks that will be received by borrowers if they violate their obligations. In the last few years to date, the OJK, which is part of the Investigation Alert Task Force, still finds and blocks illegal online loan services, because they cause many problems for their users, several cases have ended with borrowers ending their lives because they cannot be strong enough to be billed by debt collectors. Apart from that, the problem with online loans after billing with terror is the transfer of contacts. Blender can read all cellphone transactions and photos. So that the protection of personal data is still low. Indonesia does not yet have a personal data protection law, so that business actors go around with online loan users.
Tinjauan Tentang Perlindungan Hukum Terhadap Hak-Hak Anak Akibat Perceraian dengan Alasan Salah Satu Orang Tua Pindah Agama (Studi Kasus Putusan Nomor 3/Pdt.G/2019/PTA. PAL) Zainurrohman, Zainurrohman; Tri Budiman, Nanang; Nofitasari, Solehati
WELFARE STATE Jurnal Hukum Vol. 2 No. 2 (2023): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v2i2.2419

Abstract

In the current era, inter-religious marriages are very common among people whose obstacles are none other than legal protection, division of inheritance, child custody and so on. As has been experienced by one married couple who resides in Parigi Regency, filed a divorce divorce case and fought for custody of their children in decision Number 3/Pdt G/2019/PTA PAL. The aim of this research is to find out how the law regulates children's rights as a result of divorce on the grounds that one of the parents has changed religions based on decision Number 3 /Rev. Pdt G/2019/PTA PAL is regulated in article 3 of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection. Furthermore, it is also regulated in article 105 of the Compilation of Islamic Law, the right to custody of children who are not yet mumayyiz (not yet 12 years old) was explicitly given to his mother. However, the right to child maintenance according to article 105 KHI is not an imperative provision. however, it can be set aside and ignored based on the interests of the child, this is reinforced by Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection that parents have equal and equal rights as parents are to care for, care for and care for and protect the rights of children, the most important thing is wherever parents are to care for and care for children.
Penyelesaian Kasus Kekerasan dalam Rumah Tangga di Desa Andongsari Kecamatan Ambulu Kabupaten Jember ., Suphia; Kurniasari, Dwi Fefri; Nofitasari, Solehati; Alkahfi Setiawan, Sidi
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2077

Abstract

Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values ​​that should be manifested in the family become blurred. This study aims to determine what factors cause cases of domestic violence and how to resolve cases of domestic violence inAndongsari Village, Ambulu District, Jember Regency. In general, the factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values that should be manifested in the family become blurred. This study aims to determine what factors cause cases of domestic violence and how to resolve cases of domestic violence in Andongsari Village, Ambulu District, Jember Regency. In general, the factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic violence that occurred in Andongsari Village was triggered by economic problems. Problems related to economic fulfillment are a source of contention between husband and wife. Settlement of cases of domestic violence by asking for help from the closest family to resolve problems between them in deliberation. If these steps fail to resolve the problem, then the victim will report to the Head of the Rukun Tetangga (RT). The role of the village government in an effort to provide protection for survivors of cases of violence against women and children, the Andongsari Village government has formed the Griya Asih Nusa Implementation Team.
Penerapan UU Nomor 28 Tahun 2014 Terhadap Perlindungan Hukum Atas Hak Cipta Lagu dengan Cover Lagu di Media Sosial Ali Mufthi, Fikri; Kumala Sari, Nuzulia; Fahamsyah, Ermanto
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2746

Abstract

IIndonesian people are already familiar with music covers uploaded on social media. The formulation of the problem of this research is what laws include copyright for musical works on social media as well as copyright infringement on social media, what types of music are not commercial, as well as cover music that benefits the creator. The aim of this research is to understand the law regarding work copyright and its violations, the application of non-commercial music covers that comply with the provisions of the law and music covers that benefit music creators. The research methods used are doctrinal law and descriptive research. The type of data used is secondary data using library research methods. The analysis in this research is qualitative. Based on the results and discussion above, the activity of covering music on social media is considered a copyright violation because it violates the moral and economic rights of the creator or copyright holder, but if it is non-commercial in nature, this can be profitable for the music creator even if the song cover is from the original creator.
Hukum dan Kekuasaan Sebagai Satu Mata Uang dengan Dua Sisi Manab, Abdul
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2756

Abstract

Law and power have a very close relationship, that relationship can be described as one coin with two sides. The symbolic relationship between law and power is a functional relationship between the two. Power has a function as a tool for forming laws, enforcing laws and implementing laws, while the legal function of power includes tools for legalizing or justifying power, tools for regulating and controlling power and also tools for monitoring and accommodating power accountability. At a theoretical level, the influence of law and power is a reciprocal influence that controls and complements each other. Because power without law will have a strong potential for arbitrariness, while law without power will have no coercive power in implementing and realizing security, order and regularity in the life of society, nation and state, in other words, if there is conflict, the energy of law is often defeated. strong with power energy. As a result, the legal model is very dependent on the type of power. An authoritarian power will give birth to laws that are conservative and orthodox. On the other hand, democratic power will give birth to laws that are responsive and populist.
Pertanggung Jawaban Pidana Pelaku Penipuan Tautan Undangan Melalui Whatsapp Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik Yaqin, Moh. Ainul; R. Hariandja, Tioma; Winiari wahyuningtyas, Yuli; Hoiru Nail, Muhammad
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2802

Abstract

The rapid advancement of technology has brought many benefits to society, making it easier and helping to meet their needs through various technologies. However, along with this development, problems such as fraud through WhatsApp applications have also emerged. One of the modus operandi is the fraud of courier receipts or from the sender's expedition party. Therefore, the formulation of the research problem is whether perpetrators of fraud through WhatsApp invitation links can be subject to criminal sanctions, and what legal efforts can be made by victims of fraud through WhatsApp invitation links. The purpose of this study is to determine whether fraud through WhatsApp invitation links can be subject to criminal sanctions, and to determine what legal efforts can be made by victims of such fraud. The research method used is the typology of normative legal research, which is research conducted on written regulations, as well as library research or documentary studies, because this research mostly uses secondary data such as books and official documents. The approach used in this research is the statutory approach, case approach, and conceptual approach. In addition, this study also uses primary and secondary legal material sources. The first discussion result shows that fraud through WhatsApp invitation links can be subject to criminal sanctions based on Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. Victims can take legal action by reporting such criminal acts to the Police in accordance with Article 4 paragraph (1) of Law Number 23 of 2007 concerning the Legal Jurisdiction of the Indonesian National Police. Victims can also resolve their issues through litigation or non-litigation.
Analisis tentang Kebijakan Pemerintah Kabupaten Jember dalam Memberikan Perlindungan terhadap Lahan Pertanian Pangan Berkelanjutan Arum Sabil, Muhammad; ., Supianto; Tri Budiman, Nanang; Laily Mufid, Firda
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2803

Abstract

The recent conversion of agricultural land for food has caused the area of food agricultural land to shrink and is feared to have an impact on decreasing food production. Land use for housing is growing rapidly, along with developments in population and the economic level of society. Rice fields in Jember Regency continue to experience shrinkage. Therefore, there is a need for policies from local governments to provide sustainable food agricultural land protection. This research aims to analyze the protection arrangements for food agricultural land from being converted to non-agricultural use and analyze the policies of the Jember Regency Government in regulating the protection of sustainable food agricultural land. The research method used for this writing uses a normative juridical research type (legal research) with a statutory (statute approach) and conceptual (conceptual approach). The results obtained in this research are that land conversion does not occur naturally, but is caused by several factors that encourage land conversion to occur. Jember Regency Government policy in an effort to protect sustainable food agricultural land includes, among other things, issuing Jember Regency Regional Regulation Number 1 of 2015 concerning RTRW for 2015-2035. In this Regional Regulation, a policy regarding the protection of sustainable food agricultural land has been established.
Peran Hak Kekayaan Intelektual terhadap Industri Hijau di Indonesia Irfandianto, Mohammad; Fahamsyah, Ermanto; Kumala Sari, Nuzulia
WELFARE STATE Jurnal Hukum Vol. 3 No. 1 (2024): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v3i1.2815

Abstract

Legal Protection of Intellectual Property Rights (IPR) has an important role in encouraging innovation and development of environmentally friendly products. Through patents, copyrights, and brand rights, industry players, researchers, and creators are encouraged to create new environmentally friendly solutions. This legal protection aims to encourage innovation and product development by incentivizing rights owners to engage in research and development that benefits society and the environment. This research uses a descriptive method of analysis with a focus on problems which are then analyzed based on reference sources such as laws and regulations, scientific journals, and relevant books. The data collection technique through literature study, in this case, data collection is related to the role of intellectual property rights in the green industry. Intellectual Property Rights have an important role to protect the green industry, with the protection of IPR it will provide efforts to encourage the community to be more innovative in green industry activities and access to technology needed to improve the environment. IPR protection will also greatly affect the development of the national economy and society.

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