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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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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 54 Documents
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Penerapan Prinsip Akuntabilitas dalam Pelayanan Publik untuk mewujudkan Good Governance Jabar, Abdul; Yuniarni, Evi
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.3859

Abstract

The principle of accountability is a key element of good governance in public services, which ensures transparency, responsibility, and legal compliance. Its implementation requires clear regulations, technology such as e-government, and public participation. These regulations provide a clear legal framework to ensure that public services not only meet the needs of the community, but also comply with applicable legal and ethical standards. Accountability is an instrument to ensure that the government acts in accordance with the law and can be monitored by the community. Technology not only increases transparency but also allows the collection of data that can be used to evaluate the performance of public services. In the theory of a state of law, this technology supports the creation of the supremacy of law through a more inclusive and efficient monitoring mechanism. Measuring the principle of accountability also requires active public participation in the evaluation process. The government needs to involve the public through satisfaction surveys, public consultation forums, and interactive dialogues to obtain direct feedback on the quality of services. This participation not only enriches evaluation data, but also strengthens the relationship between the government and the community in creating transparent and participatory governance. Through the synergy of regulations, technology, and public involvement, accountability encourages transparent and effective services while supporting sustainable development and integrity in governance.
Partisipasi Masyarakat Kota Pekanbaru terhadap Peredaran Sediaan Farmasi Tanpa Izin Edar oleh Balai Besar Pengawas Obat dan Makanan dalam Perspektif Undang-Undang Nomor 17 Tahun 2023 Tentang Kesehatan Sari, Etika; Maya Lestari, Maria; Jaya Kusuma, Zulfikar
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.3866

Abstract

Circulation of pharmaceutical preparations without a distribution permit is a serious problem that has attracted the attention of the Food and Drug Administration (BBPOM) in Indonesia. Unregistered pharmaceutical preparations can endanger public health because their safety, efficacy and quality are not guaranteed. Referring to Article 138 of Law no. 17 of 2023 concerning Health, BBPOM has the responsibility to supervise and ensure that all pharmaceutical preparations meet the specified standards. However, the effectiveness of such supervision is highly dependent on community participation, which is regulated in Article 417 paragraph (1) of the same law.This type of research is empirical legal research, namely research with field data as the main data source. The research location is in Pekanbaru City, the researcher chose this research location because there are still many pharmaceutical preparations in circulation without distribution permits which are distributed to the people of Pekanbaru City. In this research, the population used as the Pekanbaru community in the circulation of pharmaceutical preparations is 411,100 people. So the number of samples used was 300 people. Factors that influence public participation include the level of knowledge regarding pharmaceutical preparations, awareness of the risks of drugs without distribution permits, as well as access to information and trust in government institutions. Additionally, socio- economic factors such as price and accessibility of healthcare services also play an important role. Health education curricula that lack emphasis on the safety of pharmaceutical preparations, along with the role of mass media in shaping public perceptions, contribute to this problem.
Analisis UU No. 23 Tahun 2006 terhadap Pelayanan Pencatatan Kelahiran Oleh Pemerintahan Desa: Implementasi, Tantangan, dan Faktor Pendukung Saliro, Sri Sudono; Tamrin, Tamrin; Eny Kurnia; Mintarsih, Endah; Evametha Vitranilla, Yudith
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.3920

Abstract

The village government has a responsibility to encourage the community to be orderly in administration, one of which is orderly in making birth certificates. This study aims to analyze the implementation of birth registration services in the village government, and to reveal the supporting and inhibiting factors in the implementation of these services. The results of the study found that the implementation of birth registration services in the jurisdiction of Sambas Regency is not only carried out by the Population and Civil Registry Office but can also be carried out by the village and sub-district governments. Services are carried out online through the SIAK and PELAKAT applications of the Sambas Population and Civil Registry Office. Supporting factors for birth registration services are the existence of clear legal regulations, human resource factors, and facilities and infrastructure factors. While the inhibiting factors are the lack of public awareness and participation, other obstacles that are not smooth internet networks and PELAKAT or SIAK applications that are under maintenance, so that it will have an impact on the length of time to complete birth registration documents.
Optimalisasi Peran Regulasi dalam Upaya Pencegahan Peredaran Doping Melalui Marketplace Online di Indonesiasia Anam, Mohammad Choirul
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.4002

Abstract

This study aims to determine the role of regulation on the prevention of doping circulation through the marketplace and the optimisation of the application of regulations to prevent doping circulation in the marketplace in Indonesia. The method used in this research is normative juridical method with statutory approach and conceptual approach. Based on the results of the study, it shows that existing regulations have not been fully effective in preventing the circulation of doping through online marketplaces in Indonesia due to weak supervision, lack of education, and lack of antidoping test facilities. So that in order to optimise the application of regulations to prevent the circulation of doping in the marketplace in Indonesia, it is necessary to develop resources and technology through collaboration between institutions, provide insight to increase awareness about the dangers of doping through socialisation activities, and provide doping testing facilities that can be used by athletes to the regional level by developing a domestic anti-doping testing laboratory accredited by the World Anti-Doping Agency (WADA).
Perlindungan Hukum Pada Perjanjian Kerja Waktu Tertentu (PKWT) Ditinjau dari Jaminan Hak-Hak Pekerja (Undang-Undang NRI Nomor 13 Tahun 2003) Maulandari, Fenanda Dwi; Musfianawati, Musfianawati; Setiawan, Sidi Alkahfi; A. Razaq, Moh. Khalilullah
WELFARE STATE Jurnal Hukum Vol. 4 No. 1 (2025): April
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i1.4054

Abstract

Legal protection is a right that every citizen should be able to enjoy equally and fairly from their government. However, in reality there are still many people who do not receive proper legal attention or protection. Law NRI Number 13 of 2003 concerning Employment, here in after referred to as UUK in Indonesia, is a law that is used to regulate all matters related to or related to workers’ labor and tenure. This research examines legal protection in fixed-team work agreements (PKWT) in terms of workers’ rights guarantess according to Law. The research method used uses an approach through statutory regulations. The research result show that the Specific Time Work Agreement (PKWT) provides legal protection to workers, although there are several weaknesses that need to be corrected. It is important to continue to improve and strengthen legal protection for workers who are bound by a (PKWT) in accordance with the provisions of the Law.
Analisis Putusan Nomor 70/Pid.Sus/2024/Pn Jmr: Permufakatan Jahat Dalam Tindak Pidana Narkotika Pamungkas, Teguh Karya; Azhelia, Rinda Izza; Ilyasi, Ach.
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.3669

Abstract

His study analyzes Verdict Number 70/Pid.Sus/2024/PN Jmr, which examines the application of Article 132 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, related to criminal conspiracy in narcotics crimes. Criminal conspiracy refers to a form of agreement between two or more people to commit a crime, even though the crime has not been fully executed. This study aims to evaluate how the court applies this article to prove the defendants' involvement in a narcotics network. The research findings show that the panel of judges used electronic communication evidence, physical evidence of narcotics, and witness testimonies to prove the conspiracy between the defendants. The court ruled that even though the narcotics distribution had not occurred, the malicious intent realized through joint planning was sufficient to impose sanctions. The severe punishment given to the defendants aligns with the government's policy in combating narcotics crimes. This analysis also found challenges in proving criminal conspiracy, particularly regarding the use of indirect evidence such as non- physical communication. Additionally, there is a discussion regarding the proportionality of the punishment, especially for those with minor roles in the narcotics network. In conclusion, the application of the criminal conspiracy article is effective in enforcing narcotics law, but an evaluation of the standard of proof and proportionality of punishment is needed to ensure a more balanced justice system.
Perlindungan Hukum Terhadap Konsumen Terkait Dengan Iklan Produk Kecantikan Yang Tergolong Mengelabui Konsumen Manggala, Ferdiansyah Putra; Santyaningtyas, Ayu Citra
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.3895

Abstract

The development of the world, which includes the world of communication and information, encourages the development of a perspective of human needs. This need encourages development in the business world, especially the world of marketing through advertising media. With the encouragement in the business world and the many public demands for their needs, it encourages companies to get as much profit as possible in the goods and/or services sector. The development of the need for tertiary needs has now shifted to primary needs, as well as beauty products. Beauty product companies in terms of making as much profit as possible can do anything, one of which is by encouraging marketing, in this case beauty product advertisements that seem exaggerated and give unilateral claims that the products provided are the best products in their field even though it is not uncommon for the information provided in the advertisement to seem inconsistent and contain uncertain promises in the advertisement. Therefore, the urgency of research on advertisements that are classified as deceiving consumers, in this case beauty product advertisements that deceive consumers, is considered necessary in providing insight and knowledge to the general public.
Penerapan Asas First to File sebagai Perlindungan Hukum Merek dalam Sengketa TikTok Ltd vs Fenfiana Saputra Panjaitan, Putri Tamara
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4148

Abstract

The rapid development of science and technology encourages the improvement of various intellectual works, including trademarks, which have strategic value in the business world. In Indonesia, the legal protection of trademarks is regulated in Law Number 20 Year 2016 on Trademarks and Geographical Indications which adheres to the *first to file* principle, which gives exclusive rights to the party who first registers the trademark. This research aims to analyze the application of the *first to file* principle in the trademark legal protection system in Indonesia through a case study of the dispute between TikTok Ltd and Fenfiana Saputra. The method used is normative legal research with an analytical descriptive approach, using secondary data in the form of laws and regulations, court decision documents, and related legal literature. The results show that the *first to file* principle emphasizes the importance of registration as a basis for legal protection. In this case, the early registration by Fenfiana Saputra in class 25 provides valid legal rights even though TikTok Ltd is the owner of a globally famous mark.
Perkawinan Anak Dan Hak Anak: Analisis Pencegahan Dari Perspektif Positivisme Qoyyima, Azrotul; Pradayani, Santi; Utami Wahyuningati, Syarifah Tri; Rato, Dominikus
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4150

Abstract

The prevalence of child marriage in Bondowoso Regency persists despite the existence of legal restrictions on the minimum age for marriage. This practice not only violates children's rights but also leads to various negative consequences.The formulation of issues in this research are: (1) What are the contributing factors to the high incidence of child marriage in Bondowoso Regency? (2) How does the positivist paradigm perceive the prevention of child marriage in Bondowoso Regency? This study employs a socio-legal method, combining legislative and conceptual approach. Primary data were obtained through interviews, while secondary data were collected from various literature reviews. The findings indicate that both internal and external factors contribute to the high rate of child marriage in the Bondowoso regency. From the positivist perspective, the Bondowoso Regency Government has undertaken preventive measures through legal and non-legal aspects. The study concludes that these efforts have shown positive outcomes; ; however, the involvement of all parties through collaborative governance is needed to implement comprehensive and sustainable child marriage prevention as a manifestation of the commitment to uphold children's rights.
Penegakkan Hukum Terhadap Kejahatan Dunia Maya Sanjaya, Aditya Wiguna; Kristanto, Kiki
WELFARE STATE Jurnal Hukum Vol. 4 No. 2 (2025): Oktober
Publisher : Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56013/welfarestate.v4i2.4444

Abstract

This study aims to examine the government’s efforts in enforcing the law against cybercrime, while also analyzing the supporting and inhibiting factors that influence its implementation. The research method employed is normative legal research with both legislative and conceptual approaches, emphasizing the analysis of applicable legal norms and relevant theoretical frameworks. The findings indicate that the government, through law enforcement institutions such as the Indonesian National Police (Polri) and Civil Servant Investigators (PPNS) under the Ministry of Communication and Informatics (Kemenkominfo), plays a crucial role in enforcing laws against cybercrime based on the Information and Electronic Transactions Law (ITE Law). The primary supporting factor lies in the availability of adequate legal substance. However, challenges remain, including the limited number of trained personnel and the low level of public understanding regarding information technology. Therefore, effective law enforcement against cybercrime requires greater attention to enhancing the capacity of law enforcement resources, strengthening institutional support, and improving public digital literacy and awareness of information security.

Page 5 of 6 | Total Record : 54

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