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140 Documents
<![CDATA[Legal Liability Of Shipping Service Companies For Packaged Goods Owned By Consumers ]]>
<![CDATA[Hanapi, Yayan]]>;
<![CDATA[Nurmala, Leni Dwi]]>
<![CDATA[ JURNAL LEGALITAS Vol 15, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v15i2.15923
<![CDATA[The development of the business world has progressed rapidly. This is seen in the use of delivery services. PT. The Nugraha Ekakurir (JNE) line is one of the services in the field of air traffic consignment services. The number of people sending goods from one place to another makes the role of this service very important. However, this is not accompanied by the provision of guarantees of legal protection by the perpetrators of entrusted services to their consumers. The implementation of JNE services needs to follow the agreement. So that it can cause harm to the consumers. The problem formulation is the legal protection for consumers and its resolution in case of negligence and delays in the delivery of goods. The method used is using normative legal research by conducting an assessment of the relevant legal rules. The results of the study showed that the services provided by the provider based on the agency cooperation agreement became the legal basis for the delivery of goods and still need to be improved and be more effective in providing guarantees for the rights of consumers. Quality service plays an essential role in creating satisfaction for consumers so that it can provide benefits for service providers.]]>
<![CDATA[Comparison Of Judicial Review: A Critical Approach To The Model In Several Countries ]]>
<![CDATA[Wijaya, Ahmad]]>;
<![CDATA[Nasran, Nasran]]>
<![CDATA[ JURNAL LEGALITAS Vol. 14, No. 2 (2021) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v14i2.11809
<![CDATA[AbstractThe purpose of this study is to analyze the comparative model of judicial review in Indonesia and other countries. This research uses normative legal research. The approaches used by researchers in compiling this research are, among others: the legal approach; historical approach; and comparative approach. The results of this study indicate that in principle the constitutional review system in several countries shows a variety of color gradations that are tailored to the needs of each country. In general, there are 3 (three) constitutionality testing mechanisms that have been developed to date, namely: First, the constitutionality testing of laws is carried out by existing judicial institutions or non-special adjudication, namely the Supreme Court. The country that adopts this system is the United States of America. Second, the constitutionality test of the law is carried out by a special judicial institution, namely the Constitutional Court. Countries that have adopted this system are Indonesia, Germany, South Korea, South Africa, Russia, Thailand and Turkey. The constitutionality of the law is examined by non-judicial institutions. The country that adopted this system is France.]]>
<![CDATA[ILO And Legal Protection For Indonesian Migrant Workers (Study Case: Adelina) ]]>
<![CDATA[Nasrullah, Nasrullah]]>;
<![CDATA[Farman, Logi]]>;
<![CDATA[Pangestu, Rian Ade]]>;
<![CDATA[Putra, Ardi Novasela]]>
<![CDATA[ JURNAL LEGALITAS Vol 16, No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v16i1.18627
<![CDATA[Adelina's case indicates that there are still arbitrary actions experienced by indonesian workers in Malaysia. Adelina is an illegal migrant worker and was convicted of attempted murder by her employer in Malaysia. Adelina often received violent treatment from her employer until Adelina died. This research aims to find the facts of Adelina's case objectively so that it can be an evaluation of the applicable legal formulation. The legal research used is normative legal research, researchers put the law as a building system of norms. Doctrinal legal research in this study uses a regulatory approach, and research sources that are in accordance with the legal issues studied. The results found that the lack of prevention efforts by Indonesia and Malaysia against cases of smuggling of illegal workers resulted in trafficking in persons being the main factor in the occurrence of unlawful acts committed by employers against migrant workers.]]>
<![CDATA[Diskriminasi Rasial Dan Etnis Dalam Perspektif Hukum Internasional ]]>
<![CDATA[Defira Martina Adrian]]>;
<![CDATA[Fence M Wantu]]>;
<![CDATA[Abdul Hamid Tome]]>
<![CDATA[ Jurnal Legalitas Vol 14, No 01 (2021) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v14i01.10189
<![CDATA[Tujuan penelitian ini untuk mengetahui dan menganalisa Politik Hukum Pemerintah Indonesia dalam mencegah isu Rasialisme dan Etnis, juga untuk mengetahui Politik Hukum Pemerintah Indonesia dalam mencegah isu Rasialisme dan Etnis dikaji melalui aturan Hukum Internasional. Jenis Penelitian yang digunakan peneliti adalah jenis penelitian normatif, adapun pendekatan yang digunakan dalam penelitian ini antara lain: Pendekatan Perundang-Undangan (Statue Approach) dan Pendekatan Kasus (Case Approach). Hasil penelitian menggambarkan bahwa pelaksanaan diskriminasi ras dan etnis masih kerap terjadi dalam masyarakat. Indonesia sendiri sudah mempunyai aturan yang dinilai bagus untuk menangani dan menghapus kasus diskriminasi rasial dan etnis namun masih banyak yang belum mengetahui dan mendengar tentang aturan tersebut. Maka dari itu, aturan yang ada dinilai kurang populer karena kurangnya sosialisasi sehingga implementasi terjadi hanya seputar penindakan namun masih lemah pada aspek pencegahan. Maka dari itu pemerintah harus lebih banyak memberikan edukasi terhadap rakyat tentang adanya peraturan mengenai penghapusan diskriminasi rasial dan etnis ini. Sehingga, pelanggaran berupa penghinaan suatu ras dan etnis tertentu tidak lagi dianggap biasa atau sepele dan peraturan ini juga dapat berjalan dengan baik.]]>
<![CDATA[Sociology Of Law And The Effectivity Of Asean To Prevent Human Security Issues In The Region ]]>
<![CDATA[Seroja, Triana Dewi]]>;
<![CDATA[Silviani, Ninne Zahara]]>
<![CDATA[ JURNAL LEGALITAS Vol 15, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v15i1.15349
<![CDATA[Currently there are no indicators that can measure the effectiveness of the role of ASEAN in Southeast Asia, especially those related to human security issues in the safety of labor and migrants' mobilization. However, ASEAN still working through any possibilities of cooperation to prevent any threats that would endanger the personal securities of ASEAN community. This paper will further analyze the human security issues in Southeast Asia starting with conceptualizing, identifying, and engaging to find how is the effectivity of ASEAN in charge of prevent human security issues from sociology of law perspective with normative-juridical methodology combined with perspective of international relation approach. Based on the findings in conceptual and data, this research will show the problems that have been handled and have not been done by ASEAN institutionally. In addition to showing the relevance of the establishment of ASEAN Political-Security Community (APSC) 2015 as an affirmation for all ASEAN member countries to respond to institutional human security issues especially in the mobilization of labor and migrants.]]>
<![CDATA[Registration Nazhir To The Minister Of Religion Of Indonesia: A Perspective Review Of The Rules Of Islamic Law ]]>
<![CDATA[Luthfi, Muhammad]]>;
<![CDATA[Fajrin, Yaris Adhial]]>
<![CDATA[ JURNAL LEGALITAS Vol 16, No 1 (2023) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v16i1.17055
<![CDATA[The birth of the Waqf Law and the Waqf Implementation Regulations brought a new policy direction regarding the regulation of nazhir. Nazhir as an institution that plays a role in the process of productivity of waqf assets is required to be professional in carrying out their duties, therefore a new regulation is formed regarding the nazhir registered with the Ministry of Religion. Regulations for the implementation of waqf in several articles state the obligation to register nazhir, but the rules for these obligations are not accompanied by sanctions rules that allow punishment for those who do not implement these rules. This study discusses the policy of registering nazhir before and after the issuance of the Waqf Law and the policy of registering nazhir to the Minister of Religion from the perspective of the rules of Islamic law. This research is normative research, with a prescriptive discussion. The results of this study stated that the rules for registering nazhir before the issuance of the Waqf Law are contained in the Land Waqf Regulation and Presidential Instruction Number 1 of 1991, while the rules for registering nazhir after the birth of the Waqf Law are contained in Article 14 (1) of the Waqf Law. In terms of Islamic law, nazhir's registration rules to the Minister of Religious Affairs meet the elements of ijtihad through mashlahah mursalah and amr studies in ushuliyyah rules.]]>
<![CDATA[Deconstruction of Bapemperda's Functions in Improving the Effectiveness of Establishing Regional Regulations ]]>
<![CDATA[Podungge, Abdul Wahab]]>;
<![CDATA[Hunawa, Robby]]>;
<![CDATA[Paramata, Adhayani Mentari]]>;
<![CDATA[Nuna, Muten]]>
<![CDATA[ JURNAL LEGALITAS Vol 15, No 1 (2022) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v15i1.12242
<![CDATA[This article aims to analyze the function of Bapemperda in increasing the effectiveness of the formation of Regional Regulations in the Bone Bolango Regency. The Regional Regulations Formation Agency (Bapemperda) of the Bone Bolango DPRD is one of the council's equipments for forming regional regulations. The type of research used in this article is empirical normative, which combines a normative legal approach with the addition of various elements of empirical studies. The results show that the implications of political intervention sometimes affect the issues and local regulations issued and do not represent the community's interests but are dominated by political interests. Ideally, local regulations must be responsive and meet usual policy standards that at the implementation level can be used and can answer problems that develop in the community. Human resources have an essential role in an organization, such as the rapid development of information technology, globalization, and changes in the world of positions and work, and are tied to the existing system. Members of Bapemperda and local governments play a role in forming regional regulations and other policy designs. To increase the effectiveness of the formation of Regional Regulations, it is necessary to have a relationship between human resources and the objectives that apply to Bapemperda itself. The researcher then offers a prototype product called CIS-Approach, a development concept from the results of the research and data analysis of the previous authors, which is expected to be a consideration for the government in formulating regional regulatory policies. CIS-Approach indicators are: 1) human resources with the system; 2) human resources with the issue; 3) human resources with regulations.]]>
<![CDATA[Legal Review Of The Implementation Of Termination Of Employment Relationship With The Reason Of The Pandemic Covid-19 ]]>
<![CDATA[Ansow, Gevano]]>;
<![CDATA[Yulianto, Yulianto]]>;
<![CDATA[Nugraheni, Ninis]]>
<![CDATA[ JURNAL LEGALITAS Vol 15, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v15i2.15705
<![CDATA[The research entitled Legal Study of the Implementation of Termination of Employment for the Reason of the Covid-19 Pandemic aims first to analyze how the norms and provisions of laws and regulations are applied related to the implementation of termination of employment in Indonesia and find out how legal protection is for workers who experience termination of employment. During the current Covid-19 pandemic. The research method used in this study uses a normative juridical research method with a statutory and conceptual approach. Based on the results of the research, it can be concluded First: the legal basis for employers in carrying out mass termination of employment relations with workers/laborers during the current Covid-19 pandemic for the first time referred to the provisions of Article 164 paragraph (1) of the Manpower Law which became the basis for the existence of emergency due to an unwanted cause then proceed with the implementation of Article 151 of the Manpower Law which regulates the process of terminating workers. Second, namely, the legal protection provided by the State for workers due to termination of employment due to the current Covid-19 pandemic first must provide workers' rights as in Article 156 of the Labor Law and, in the current period, must pay attention to the provisions in the Minister of Manpower Circular Letter Number M/3/HK.04/III/2020 concerning Worker/Labor Protection and Business Continuity in the Context of Prevention and Mitigation Covid-19 and Article 6 of the Quarantine Law and Health.]]>
<![CDATA[Granting Clemency To Narcotics Convicts: Overview From The Political Perspective Of Indonesian Criminal Law ]]>
<![CDATA[Puluhulawa, Irlan]]>
<![CDATA[ JURNAL LEGALITAS Vol. 14, No. 2 (2021) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v14i2.11147
<![CDATA[This research aims to examine the granting of clemency by the president to convicts of narcotics cases in the perspective of legal politics. In Law No. 22 of 2002 concerning Clemency, it does not specifically explain the category of crimes that can or cannot be granted clemency. Also, the Clemency Law does not specify the reasons that can be used by the applicant. There are two main problems in this study, namely (1) What is the mechanism for granting clemency to narcotics convicts? and (2) How is the legal politics of granting clemency by the president to convicts of narcotics cases in the future? This study uses a normative research method with a statutory approach, an analytical and legal conceptual approach, and a case approach. Based on this research, it can be concluded that the mechanism for granting clemency to narcotics convicts based on Law No. 22 of 2002 concerning clemency is the same as the mechanism for granting clemency in general or there is no special classification for certain crimes. Then the researcher recommends to revise the clemency law by adding the classification of extraordinary crimes in this case drugs as an exception from granting clemency. Then the consideration of the Supreme Court must take precedence in the clemency application process before appealing to the president.]]>
<![CDATA[Protection of Video Copyrights on the Youtube Platform in Fair Use Principles ]]>
<![CDATA[Hanson, Nathania Abigail]]>;
<![CDATA[Permata, Rika Ratna]]>;
<![CDATA[Ramli, Tasya Safiranita]]>
<![CDATA[ JURNAL LEGALITAS Vol 15, No 2 (2022) ]]>
Publisher : <![CDATA[Universitas Negeri Gorontalo ]]>
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DOI: 10.33756/jelta.v15i2.15448
<![CDATA[In copyright, there are two exclusive rights, namely economic and moral rights, and these two rights are not owned by the creator or copyright holder because there is a principle called the Fair Use Principle. Video copyright is one of the objects of copyright protection in digital media whose existence is in great demand by various circles of society because it is easy to access gadgets and internet networks. One of the platforms that are often used to upload, watch, and share videos is Youtube. The specification of this research is Legal Research using a normative juridical approach and data collection techniques utilizing a literature study, then analyzed in a qualitative normative manner. The results of this study are on the Youtube Platform. Several channels re-upload video copyrighted works that do not belong to them without permission, even if those channels do not include the source, and monetization is carried out so that it is for commercial purposes. It is not following Fair Use principles and the Youtube platform as an organizer. The electronic system, of course, also has responsibility for violations that occur on its Platform, which in this case is the occurrence of copyright infringement]]>
