Welfare State Jurnal Hukum
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).
Articles
45 Documents
<![CDATA[Tinjauan Yuridis Penggunaan Aplikasi Corel Draw X4 Ilegal Dalam Bisnis Desain Grafis Berdasarkan Undang - Undang Nomor 13 Tahun 2016 Tentang Hak Paten ]]>
<![CDATA[Mala, Nurlaili Ika]]>;
<![CDATA[Tioma R. Hariandja, SH., MH]]>;
<![CDATA[Firda Laily Mufid, SH.,MH]]>;
<![CDATA[Hoiru Nail, Muhammad]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.2842
<![CDATA[Advances in digital technology have had a significant impact onIntellectual Property Rights (IPR), especially in the field of graphicdesign utilizing applications such as Corel Draw X4. Althoughthese applications are very popular and provide great economicbenefits, their illegal use has a negative impact on patent rights anddeveloper innovation. This research aims to examine the legalimplications of the illegal use of Corel Draw X4 in the graphicdesign business in Indonesia based on Law Number 13 Year 2016on Patent Rights. The method used is normative juridical, withstatutory and conceptual approaches. The results show that theillegal use of this software violates the exclusive rights granted tothe patent holder and is potentially subject to legal sanctions suchas fines or imprisonment. Corel Corporation has a mechanism todetect illegal use and offer alternatives to legal use, such as trialversions. Therefore, graphic designers and businesses are advised tocomply with patent rules to avoid adverse legal consequences andsupport the sustainable growth of the industry. Resolving disputesrelated to patent infringement can be done through litigation ornon-litigation approaches, with mediation as a more effective andefficient option.]]>
<![CDATA[Pertanggungjawaban Pidana Pelaku Cyberbullying Menggunakan Fake Account ]]>
<![CDATA[barid zein, izzata]]>;
<![CDATA[Laily Mufid, Firda]]>;
<![CDATA[Winiari Wahyuningtyas, Yuli]]>;
<![CDATA[Manab, Abd]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.3167
<![CDATA[Formulation of the problem of law enforcement againstcyberbullying perpetrators and criminal liability for cyberbullyingperpetrators who use fake accounts with the aim of finding out lawenforcement against cyberbullying perpetrators. and to find outcriminal liability for perpetrators of cyberbullying. using a FakeAccount. The method in this research uses a normative juridicalresearch type. Conclusions from this research. Law enforcementagainst cyberbullying crimes is contained in the Criminal Code andLaw Number 11 of 2008 concerning Information and ElectronicTransactions, there are several articles related to forms ofcyberbullying relating to prevention, prosecution and prosecutionof perpetrators and victims. The issuance of the SKB on the ITELaw serves as a guide for law enforcement. The articles contained inthe SKB can be studied objectively by law enforcers and resolvecases without having to be submitted to court and strengthen theposition of criminal justice as the ultimum remidium, namely thatcriminal punishment or sanctions are an alternative or last resortin law enforcement. . The purpose of forming this SKB is tomaintain a clean, healthy, productive and fair Indonesian digitalspace. The burden of responsibility is imposed on the perpetrator ofa criminal act in connection with the basis for imposing criminalsanctions. The nature of responsibility for his actions is against thelaw and there is no excuse. This issue of responsibility is stated inArticle 44 of the Criminal Code.]]>
<![CDATA[Penegakan Hukum terhadap Pelaku Pembuat Stiker Menggunakan Foto Orang Lain yang Mengandung Muatan Penghiaan di Sosial Media ]]>
<![CDATA[Karisma, Siti]]>;
<![CDATA[Suphia]]>;
<![CDATA[Laily Mufid, Firda]]>;
<![CDATA[Tri Budiman, Nanang]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.3231
<![CDATA[The object of this research problem is what are the rules for using otherpeople's photos without permission to be used as stickers on socialmedia and what is the implementation of the law against perpetratorswho make stickers using other people's photos that contain insultingcontent on social media. In this research the author uses a normativetype of research by examining applicable norms. The results of thisresearch can be concluded that making stickers using other people'sphotos on social media is a form of action that can result in legalconsequences. When making stickers using other people's photoswithout permission on social media, it is the same as deliberatelybreaking the law by changing electronic information and this act isregulated in article 32 paragraph (1) and also article 27 paragraph (3)of the ITE Law. Implementation of the law against perpetrators whomake stickers using other people's photos containing insulting contenton social media, where the government has regulated and providedprotection for electronic media users, especially on WhatsApp, wherethe provisions in article 45 paragraph (1) of the ITE Law state thatthey will be punished with imprisonment. a maximum of 6 (six) yearswith a maximum fine of IDR 1,000,000,000.00 (one billion) and canalso be subject to article 48 paragraph 1 of the ITE Law which statesthat it can be punished with imprisonment for a maximum of 8 (eight)years with a maximum fine Rp. 2,000,000,000.00 (two billion).]]>
<![CDATA[Tinjauan Hak Atas Kesejahteraan Sosial Terhadap Fakir Miskin di Kabupaten Jember ]]>
<![CDATA[holifah, ilyatul]]>;
<![CDATA[R. Hariandja, Tioma]]>;
<![CDATA[Musfianawati]]>;
<![CDATA[Alkahfi Setiawan, Sidi]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.3323
<![CDATA[The poor are those who earn more than the poor but not enough tofulfill their basic needs. As the weakest and most vulnerable groupin society, the poor need public and social infrastructure in order toslowly break out of the poverty cycle around them. Poverty as asocial problem does not only involve economic problems, but alsoincludes other problems faced by the community. How is the form ofsocial welfare implementation based on regional regulations andhow is the form of social welfare implementation in the jemberdistrict, and its purpose is to find out and analyze how the form ofresponsibility of the Jember Regency Government towards the socialwelfare of the poor according to Jember Regency RegionalRegulation Number 8 of 2015 and to find out how the form of itsimplementation in the jember district through research at the socialservice. The research method used is using empirical methods,where the method of collecting data through research used to seelegal aspects in social interactions in society. The conclusion is thatthe government of Jember Regency must fulfill basic services for thepoor in Jember Regency and the government of Jember Regencymust fulfill the rights of the poor in accordance with RegionalRegulation Number 8 of 2015 concerning organizing social welfareto the poor. The government of Kabupaten Jember itself has severalwork programs to deal with the poor in Kabupaten Jember.]]>
<![CDATA[Upaya Hukum Dalam Pencegahan Aksi Lempar Batu Terhadap Pengguna Jalan Raya di Situbondo ]]>
<![CDATA[Fighur Firmansyah, Moh]]>;
<![CDATA[Winiari Wahyuningtyas, Yuli]]>;
<![CDATA[Nofitasari, Solehati]]>;
<![CDATA[Supianto]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.3334
<![CDATA[The recent increase in violent acts is often seen in society,along with various problems related to law violations, from mild toserious. One of the problems is the stone throwing action thatoccurred in Situbondo from 2018 to 2024 there are several cases ofstone throwing in the Situbondo Regency area which have not beencompleted and often occur repeatedly. The Crime of Destruction ofGoods itself has been cited in Article 406 paragraph (1) of theCriminal Code. With 2 problem formulations, namely: 1. What arethe legal remedies of victims of the crime of throwing stones againstmotorists on the Situbondo highway?, What is the legal threat tothe perpetrators of throwing stones against motorists on theSitubondo highway? The research method uses an empiricaljuridical approach, the data used are secondary data and primarydata. The study was carried out by literature studies and fieldstudies. The resource persons in this study are from the SitubondoPolice Gakkum Office. Based on the formulation of the problem andthe discussion in this study, the conclusion of this study is, Legalefforts to protect victims of crime as parties seeking justice, thenthey have the right to legal protection and redress as stated in LawNumber 8 of 1981 concerning the Criminal Procedure Code whichincludes the Road to obtain justice and obtain justice, entitled torestitution, compensation.]]>
<![CDATA[Militerisme dan Demokrasi: Evaluasi Hak Politik TNI-Polri di Indonesia Pasca-Reformasi ]]>
<![CDATA[A. Razaq, Moh. Khalilullah]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 3 No. 2 (2024): Oktober ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v3i2.3517
<![CDATA[The position of the military in a democratic country is by placingcivilians in the highest power, civilian supremacy over the militaryin history began when the guided democratic government systemwas implemented under President Soekarno. During this period,the military has the same rights as civil society, namely the right tovote and the right to be elected. During the New Ordergovernment, the military did not have political rights, however itsexistence and position became stronger, due to the development ofthe middle way concept initiated by Nasution which became thedoctrine of the Dwifunction ABRI concept. After the 1998 reform,the political system in Indonesia underwent changes, namely theseparation of the positions of the TNI and Polri. This fundamentalchange was marked by the issuance of MPR Decree NumberVI/2000 concerning the Separation of the TNI and Polri and MPRDecree Number VII/2000 concerning the Role of the TNI and Polri.Law Number 34 of 2004 concerning the Indonesian National Armyand Law Number 2 of 2002 concerning the Police of the Republic ofIndonesia. This research uses a normative legal research methodusing a statutory approach, which relies on research to beresearched from a positive legal perspective, and a historicalapproach. This research concludes that the TNI-Polri's politicalrights are prohibited from exercising their political rights and arestill relevant to maintain. And delaying the restoration of politicalrights for the TNI-Polri.]]>
<![CDATA[Badan Usaha Milik Desa sebagai Badan Hukum ]]>
<![CDATA[Sisworini, Desi Fadikta]]>;
<![CDATA[Rumawi, Rumawi]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v4i1.2873
<![CDATA[Village Owned Enterprises which are often called BUMDes can be interpreted as a form of business run by and government system. Policies in village-owned enterprise regulations have changed a lot from time to time. Law number 11 of 2020 concerning village-owned enterprises is the final rule regarding the development, establishment, mechanism and status of village-owned enterprises, which in turn is government regulation number 11 of 2021 is the implementing regulation. Thus it is necessary to examine the nature of bumdes law based on the Perpu. The focus of the research is first, what is the legal nature of village-owned enterprises according to government regulation number 11 of 2021 concerning village-owned enterprises? secondly, can a village-owned enterprise be classified as a legal entity? This study uses normative legal research methods with statutory and conceptual approaches. The conclusion from this research is the nature of BUMDes law based on Permen number 11 of 2021, namely regarding the establishment and management objectives of BUMDes based on Law number 11 of 2020. Whereas BUMDes itself is a public legal entity. To the village government to maximize the management of BUMDes in accordance with applicable regulations. Regulations regarding BUMDes are updated according to the needs and position of BUMDes.]]>
<![CDATA[Perlindungan Hukum Bagi Perempuan Yang Melakukan Pengguguran Kandungan (Aborsi) ]]>
<![CDATA[Sevia, Melina Dwi]]>;
<![CDATA[Nofitasari, Solehati]]>;
<![CDATA[Wahyuningtyas, Yuli Winiari]]>;
<![CDATA[Manab, Abdul]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v4i1.3338
<![CDATA[The crime of rape is a sexual crime that can be committed by force between the perpetrator and the victim which can cause the victim to suffer physical, mental, and psychological disorders. The type of rape crime tends to be sexual so that it is familiar in society as it is carried out following developments in the era in Indonesia where cases of rape are increasing over time. Abortion itself is regulated in Law Number 17 of 2023 concerning Health that abortion is permitted with the provisions that have been regulated. Abortion is a controversial issue, and strict supervision and clear regulations are needed. Legal protection is very important to provide human rights, especially reproductive health services. Efforts to protect the newspaper are regulated in Government Regulation Number 35 of 2020 concerning compensation, restitution and assistance to Witnesses and Victims, providing a form of protection for rape victims can be realized in the form of restitution and compensation, medical services and legal assistance. This law also ensures that victims have fair and fast access to abortion services, while preventing possible misuse of these provisions.]]>
<![CDATA[Politik Hukum Islam Dalam Pelaksanaan Badan Penyelenggara Jaminan Sosial Ketenagakerjaan Syariah Di Indonesia ]]>
<![CDATA[Wahid, Sahid]]>;
<![CDATA[Aisyah, Siti]]>;
<![CDATA[Sakka, Abdul Rahman]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v4i1.3561
<![CDATA[Indonesia as a country with a Muslim majority population has significant demand for financial and insurance services that are in accordance with Sharia principles. Therefore, it is important for the social security sector to participate in adopting Sharia principles in order to provide services that are more in accordance with Islamic values embraced by the majority of the Indonesian population. BPJS Ketenagakerjaan as one of the institutions responsible for providing social protection for workers has the task and function to organize social security for workers through a program. The integration of Sharia principles in BPJS Ketenagakerjaan is not just a cosmetic change or adjustment of terminology, but involves fundamental changes in the way this institution operates. The research method used is qualitative research, the implications of this method are descriptive analytical. The approach used by researchers in solving existing problems is normative juridical. The results of this study indicate that there is potential for the development of BPJS Ketenagakerjaan with the application of Islamic Sharia principles. the concept of social security that combines the values of humanity, justice, and sharia has great potential to provide effective and sustainable protection for people in need, as well as strengthen the moral and ethical foundations in social and economic development.]]>
<![CDATA[Pembentukan Majelis Kehormatan Mahkamah Konstitusi Sebagai Pengawas Etik Hakim Konstitusi ]]>
<![CDATA[Andika Abay, Rahmad]]>
<![CDATA[ WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April ]]>
Publisher : <![CDATA[Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember ]]>
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DOI: 10.56013/welfarestate.v4i1.3849
<![CDATA[The establishment of the Honor Council of the Constitutional Court as the Ethical Supervisor of Constitutional Judges is an effort to uphold the integrity and professionalism of constitutional judges. This research highlights the importance of having an ethical supervisor to maintain the integrity of constitutional judges. The Honor Council of the Constitutional Court plays a central role in carrying out the task of overseeing the behavior and ethics of constitutional judges. The study also analyzes the constitutional foundations and legislation that form the basis for the establishment of the honor council. The research findings demonstrate that the establishment of the Honor Council of the Constitutional Court as the Ethical Supervisor of Constitutional Judges is a significant and relevant step in safeguarding the independence and public trust in the Constitutional Court. Through effective ethical supervision, the honor council can ensure that constitutional judges adhere to high ethical standards in carrying out their duties and responsibilities. This research contributes to the field of constitutional law and judicial ethics by identifying the legal basis and theoretical foundations for the establishment of the honor council as an ethical supervisor. The findings of this research are expected to serve as a reference for further developments concerning regulations and mechanisms for monitoring the ethical conduct of constitutional judges in the future.]]>
