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LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan
Published by Yayasan Pendidikan Dan Pelayanan Kesehatan Rahmat Husada
ISSN : -     EISSN : 30480493     DOI : https://doi.org/10.08221/lexlaguens.v1i1.1
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
The scope of the articles published in this journal deals with a broad range of topics in the fields of Criminal Law, Civil Law, International Law, Constitutional Law, Administrative Law, Islamic Law, Economic Law, Medical Law, Customary Law, Environmental Law and another section related contemporary issues in law
Arjuna Subject : Ilmu Sosial - Hukum
Articles 47 Documents
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PERLINDUNGAN HUKUM TERHADAP PENGGUNA SOSIAL MEDIA TERKAIT CYBER CRIME PHISING BERDASARKAN UNDANG-UNDANG REPUBLIK INDONESIA NOMOR 19 TAHUN 2016 TENTANG PERUBAHAN ATAS UNDANG-UNDANG NOMOR 11 TAHUN 2008 TENTANG INFORMASI DAN TRANSAKSI ELEKTRONIK Reyhan, Edlin; Gultom, Potler
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.101

Abstract

Crime phishing is a crime Cyber Crime what happens in the digital world. Protection of social media users against phishing crimes is regulated in the ITE Law and the personal data protection law. Therefore, the aim of this research is to find forms of accountability for phishing crimes and legal protection for phishing crimes. This research uses a normative juridical approach. The author conducted research using secondary data literature studies in the form of primary, secondary and tertiary legal materials, and field studies that correlate with the object of this research. This research concludes that protection against phishing crimes is contained in Article 4, Article 15 paragraph (1), and Article 66 and Article 67 of the Personal Data Protection Law, while responsibility for phishing crimes is contained in Article 35 of the ITE Law in conjunction with Article 51.
PELAKSANAAN PENINDAKAN GANGGUAN KEAMANAN DAN KETERTIBAN DI LAPAS PEREMPUAN KELAS IIA JAKARTA (PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023) Sartika Wati, Eka; Zein Sgn, Subhan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.102

Abstract

Action is an effort to stop, reduce and localize security disturbances. This action is important to maintain security and order in correctional institutions and to provide sanctions appropriate to the actions committed by prisoners. In this research, we will discuss the arrangements for taking action against disturbances in security and order in the Class IIA women's prison in Jakarta and the obstacles to implementing action against disturbances in security and order in the Class IIA women's prison in Jakarta (period 1 January 2023 to 31 December 2023). In this research, we will discuss the legal research method used is a normative juridical legal research method supported by empirical data. Using a statutory approach and a conceptual approach. obtained from primary, secondary and tertiary legal material sources. Arrangements for the security and order of convicts in women's correctional institutions based on Article 64 Paragraph (3) Letter b of the Correctional Law Number 22 of 2022 concerning Corrections and Enforcement Rules are also contained in Article 38 in the Regulation of the Minister of Law and Human Rights Human Republic of Indonesia Number 8 of 2024 concerning the Implementation of Security and Order in Correctional Work Units which replaces the Regulation of the Minister of Law and Human Rights Number 6 of 2013 concerning Rules for Correctional Institutions and State Detention Centers. Obstacles in implementing action against disturbances in security and order in the Jakarta Class IIA Women's Prison (Period 1 January 2023 to 31 December 2023) include excess inmate capacity, lack of facilities and infrastructure, shortage of officers, not yet optimal intelligence systems, and external interference.
MEKANISME UPAYA HUKUM VERZET TERHADAP PUTUSAN VERSTEK DALAM HUKUM ACARA PERDATA Nugroho, Ferdiansyah; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.103

Abstract

This research discusses the mechanism of verzet legal action against verstek decisions in civil procedural law in Indonesia. Indonesia as a country of law ensures that every judicial decision provides justice and truth, and protects individual rights through the applicable legal system. One important aspect of civil procedural law is the existence of legal efforts that can be taken to correct decisions that are considered unfair. A verstek decision is a decision handed down without the defendant being present at the trial, even though he has been properly summoned. The defendant's absence without a valid reason provides a basis for the judge to hand down a verstek decision. However, for the sake of the principles of justice and a thorough examination of all parties, civil procedural law gives the defendant the right to file a verzet or opposition to the decision. This research aims to determine the purpose of implementing verzet legal remedies against verstek decisions in civil procedural law and to find out and analyze the mechanism for implementing verzet legal remedies against verstek decisions in civil procedural law. The research method used is normative juridical research with a statutory approach and case studies. This research analyzes the applicable legal provisions and related cases that have occurred in court. The research results show that verzet legal remedies are an important mechanism to ensure that each litigant gets a fair opportunity to defend themselves and present their arguments in court.
PELAKSANAAN PEMENUHAN PELAYANAN KESEHATAN BAGI NARAPIDANA DI LEMBAGA PEMASYARAKATAN NARKOTIKA (STUDI PADA LEMBAGA PEMASYARAKATAN NARKOTIKA KELAS IIA JAKARTA PERIODE 1 JANUARI 2023 S/D 31 DESEMBER 2023) Aditya Putra, Firman; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 3 No. 1 (2025): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.08221/lexlaguens.v3i1.104

Abstract

Fulfillment of health services for prisoners is very important in the treatment and rehabilitation of prisoners who are involved in narcotics abuse. The role of the Lapas Narkotika Kelas IIA Jakarta, especially in health services for convicts, therefore has a special responsibility to provide health services in addition to treatment for those who have been caught up in narcotics abuse. This research will discuss the Regulation of Health Services for Prisoners in Narcotics Prisons and Obstacles in Implementing Health Services for Prisoners in Lapas Narkotika Kelas IIA Jakarta for the Period 1 January to 31 December 2023. The legal research method used is a normative juridical legal research method supported by data empirical. Using a legal approach obtained from primary, secondary and tertiary legal material sources. Regulations on Health Services for Prisoners in Narcotics Prisons Article 28 H paragraph (1) of the 1945 Constitution of the Republic of Indonesia, then Regulations on the Right to Health Services in Article 62 of Law 39/1999, then Service Regulations also contained in Articles 30 to 32, 65 to 73, and 86 to 95 of Law 17/2023. Health Services and Regulations for Inmate Health Services in Narcotics Prisons are the same as in prisons in general, regulated in Article 9 letter (d) of Law 22/2022. Obstacles in the Implementation of Fulfillment of Health Services for Prisoners in Lapas Narkotika Kelas IIA Jakarta for the Period 1 January to 31 December 2023, namely the Number of Prison Inmates that exceed Capacity, Limited Health Personnel in Correctional Institutions, Lack of Facilities and Infrastructure, Awareness and Concern of Prisoners with Poor Health and Discrimination of Prisoners in Hospitals When Referrals are Made.
KEDUDUKAN KREDITOR SEPARATIS, PREFEREN, KONKUREN, PEMEGANG POLIS, DAN PESERTA DALAM PEMBAGIAN HARTA PAILIT PERUSAHAAN ASURANSI DI INDONESIA Bhakti Setiawan, Iwan; Lumban Gaol, Selamat
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The bankruptcy of insurance companies creates complex issues in the distribution of bankrupt assets, particularly regarding the position of various parties with claims on the company's assets. The Insurance Law grants priority to policyholders, yet there remains ambiguity concerning the status of secured creditors, preferred creditors, and concurrent creditors in the bankruptcy process. This study aims to analyze the regulation of insurance company bankruptcy under Indonesian bankruptcy law and examine the position of various creditors and participants in the distribution of bankrupt assets. This research employs a normative juridical method with a statutory approach and case studies on the bankruptcy of insurance companies in Indonesia. The findings indicate that overlapping regulations often lead to disputes over the order of payment priority, potentially hindering the fair resolution of bankruptcy cases. Therefore, regulatory harmonization is necessary to establish legal certainty and better protection for all stakeholders involved in the bankruptcy process of insurance companies.
IMPLEMENTASI KETENTUAN HAK ASASI MANUSIA OLEH PRAJURIT POLISI MILITER ANGKATAN UDARA DALAM MENDUKUNG PELAKSANAAN TUGAS OPERASI MILITER Nyamantoro, Jarot; Sudarto
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The implementation of the duties of the Air Force Military Police in the activities of criminal investigation and physical security functions, enforcement of discipline and order, investigations and examinations must be guided by the provisions and rules of law and human rights applicable in Indonesia. Therefore, it is very interesting and important to study further how to improve the understanding of Air Force Military Police Soldiers about human rights? and how is the implementation of human rights by Air Force Military Police Soldiers in carrying out operational duties? To answer these problems, a normative legal research method is used with a statutory and conceptual regulatory approach method. Data obtained from primary, secondary, and tertiary legal sources are collected and then analyzed using qualitative data analysis techniques. From the results of the study, it was found that soldiers' understanding of the regulations applicable in the operational area needs to be prioritized, so that internal improvements to the Indonesian National Army in the reform era can help improve the image of the Indonesian National Army as a people's army that in carrying out its duties continues to uphold the law and human rights. The understanding of Air Force Military Police Soldiers regarding human rights in its application must be adjusted to the operational patterns carried out by the Indonesian National Army Air Force in order to improve the understanding of Air Force Military Police soldiers regarding human rights, so in pouring out the optimization of the understanding of Air Force Military Police soldiers regarding human rights in carrying out operational tasks is limited to the main ideas which are the understanding applied to each condition.
PERAN DAN KERJA SAMA ANTAR LEMBAGA DALAM MENANGANI KASUS PENCURIAN MINYAK DI LAUT Anam, Khoirul; Harahap, M.Syahnan
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Oil theft at sea is a complex transnational crime that causes significant losses to the state. This research aims to analyse the role and cooperation between institutions in handling cases of oil theft at sea using the juridical normative method. The main focus is to examine the relevant laws and regulations and their implementation in handling cases. The results show that the handling of oil theft at sea involves various institutions such as the Navy, Police, Bakamla, Directorate General of Sea Transportation, and Directorate General of Customs. Law No. 32/2014 on Maritime Affairs is the main legal basis that regulates the authority of each institution. However, there are overlapping authorities that hamper the effectiveness of case handling. Inter-agency cooperation is realised through joint operations, information exchange and investigation coordination. However, there are still obstacles such as sectoral ego, differences in operating procedures, and limited infrastructure. Efforts to increase cooperation were made through the establishment of a joint task force and the signing of a memorandum of understanding between agencies. This study concludes that optimising the role and cooperation between agencies requires improved regulations to clarify the division of authority, improved coordination, and strengthened institutional capacity. Recommendations include revising the Marine Law, establishing an integrated command centre, and increasing the budget and technology for marine surveillance.
TINJAUAN HUKUM PELAKSANAAN HAK ANAK AKIBAT TERJADINYA PERKAWINAN DI BAWAH UMUR (STUDI KASUS PUTUSAN PENGADILAN AGAMA AMBARAWA Nomor 147/Pdt.P/2023/PA.Amb) Yulian Christianto, Marselinus; Gultom, Potler
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

This study examines the legal review of the implementation of children's rights as a result of underage marriage, with a case study of the Decision of the Ambarawa Religious Court Number 147/Pdt.P/2023/PA.Amb. The main focus of this research is how children's rights are affected by early marriage and the legal considerations used by judges in deciding marriage dispensation cases. This research employs a normative juridical method with a legal and court decision approach. The findings indicate that underage marriage can impact the fulfillment of children's rights, particularly in terms of education, health, and overall well-being. Law Number 35 of 2014 on Child Protection and Law Number 16 of 2019 on Marriage establish a minimum marriage age to protect children. In the Ambarawa Religious Court case, the marriage dispensation request was denied because the female applicant was only 17 years old, and there were no urgent reasons to justify an exemption from the legal requirements. The judge considered that the marriage age restriction aims to protect children from the negative consequences of early marriage, such as mental and economic unpreparedness. Therefore, the court's decision reaffirmed that marriage dispensation can only be granted in highly urgent situations supported by sufficient evidence, which was not met in this case.
PERLINDUNGAN HUKUM PENCIPTA LAGU BERDASARKAN SISTEM PEMBAYARAN FLAT PAY DAN ROYALTI TERHADAP KARYA MUSIK DAN/ATAU LAGU DI PLATFORM STREAMING MUSIK Levyno Rahardja, Matthew; Anita Sinaga, Niru
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

The existence and payment system of royalties does not always benefit the songwriter, often the songwriter is disadvantaged by not getting royalties but his work is used and listened to either for commercial or entertainment. The flat pay payment system can interfere with the songwriter's copyright because the songwriter will not receive royalties for the use of the song's musical work on the music streaming platform. then there are several problems that raise questions, namely how the payment mechanism of the flat pay system and royalties for songwriters against musical works and / or songs on the music streaming platform and how the legal protection of songwriters against the flat pay payment system and royalties on the music streaming platform. Objectively, it aims to find out the payment mechanism and protection of songwriters against flat pay and royalty systems and subjectively add in-depth knowledge in intellectual property law. This research was conducted using the normative juridical method with primary and secondary legal sources from the literature. The flat pay system can be interpreted as a royalty payment as a whole or in full for the copyrighted work of the song while royalties are a form of compensation given to the copyright owner of the producer who promotes the copyrighted work of the creator. Legal protection of streaming music can be interpreted as an act to protect the rights of creators to work on songs contained in digital music services. It can be concluded that the payment mechanism for songwriters on the music streaming platform can be a flat pay and royalty payment system. The legal protection of songwriters in Indonesia is regulated in the Law of the Republic of Indonesia Number 28 of 2024 concerning Copyright.
TINJAUAN YURIDIS TERHADAP PENYAMPAIAN INFORMASI PALSU YANG MEMBAHAYAKAN PENERBANGAN (ANALISIS PUTUSAN PN LABUHAN BAJO No. 43/Pid.B/2018/PN.Lbj) Mugiran; Widarto, Bambang
LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan Vol. 2 No. 1 (2024): LEX LAGUENS: Jurnal Kajian Hukum dan Keadilan (Februari)
Publisher : YAYASAN PENDIDIKAN DAN PELAYANAN KESEHATAN RAHMAT HUSADA

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Abstract

Airplanes, which are the main means of transportation in aviation, actually have quite high risks in terms of safety and crime among passengers. One of the aviation crimes that often occurs is the case of spreading false information on airplanes, which currently often occurs is bomb jokes. Bomb jokes or bomb jokes made on board an airplane are actions carried out by a passenger by admitting that the person is carrying an object that could endanger the safety of other people even though that is not the case. This research is a Juridical Review of the Submission of False Information that Endangers Flights (Analysis of the District Court's Decision Labuhan Bajo No.43/Pid.B/2018/PN.Lbj). Problem Formulation 1. How is the regulation of criminal liability for perpetrators of criminal acts conveying false information that endangers aviation safety according to criminal law in Indonesia? 2. What are the legal considerations of the Panel of Judges in the decision of the Labuhan Bajo District Court No. 43/Pid.B/2018/PN.Lbj sentenced the defendant to the crime of conveying false information that endangered aviation safety? Research method This research uses a juridical-normative type of research by taking a statutory approach and a conceptual approach. Data collection from secondary materials was carried out using library methods and analyzed using qualitative methods. The results of this research are the regulation of perpetrators of criminal acts conveying false information that endangers aviation safety according to criminal law in Indonesia. In Article 437 point 1 it is stated that: "Every person conveying false information that endangers aviation safety as intended in Article 344 letter e shall be sentenced to imprisonment for a maximum of 1 (one year". Legal considerations of the Panel of Judges in the decision of the Labuhan Bajo District Court No. 43/Pid.B/2018/PN.Lbj sentenced the defendant who committed the crime of conveying false information which endangered flight safety. The author agrees because the judge did not judge subjectively by only prioritizing aspects of certainty but paid attention to the benefits to the defendant.

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