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Legalis : Journal of Law Review
Published by PT Penerbit Ilmiah Indonesia
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 45 Documents
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Cohabitation in the Penal Code Reform in Relation to Religious and Customary Laws Muhammad Zul; Andi Mulyono; Alice Ance Bonggoibo
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.253

Abstract

The main purpose of this research is to prevent vigilantism, integrate customary law with positive law, and protect the values of decency and morals of Indonesian society. The formulation of the problem includes how customary law and religion affect the view and handling of cohabitation, and how the reform of the Criminal Code can provide solutions to this phenomenon. The research method used is a normative approach, with analysis of relevant literature, laws and regulations, and field data. The contribution of this research lies in filling the void of previous studies that have not specifically examined cohabitation in the reformation of the Criminal Code in relation to religious law and customary law. The novelty of this research is that there is a solution to prevent cohabitation through the approach of customary law and religious law. The findings show that criminalisation of cohabitation is necessary to maintain moral values and prevent further criminal acts. The research also found that the implementation of the new Criminal Code that regulates cohabitation can provide effective protection and prevent vigilantism.
Legal Frameworks and Land Acquisition: A Study of Infrastructure Development in Decentralized Manokwari Ullo, Epidika; Watofa, Yohana; Bernhard, Jefry
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.269

Abstract

This research discusses land acquisition to promote infrastructure in Manokwari, West Papua Province. Infrastructure development in this city, as the capital of the province, has significant challenges related to land acquisition, dispute resolution, legal protection, community participation, and project sustainability. Civil law plays a crucial role in regulating these aspects, which include land acquisition regulations, civil conflict resolution, protection of individual rights, and public participation. The research used a qualitative approach to analyze primary and secondary data, including interviews and Focus Group Discussions (Focus Group Discussion  (FGDS), to identify challenges and solutions in civil law implementation. The results show that while there is a clear legal framework, effective implementation requires improved coordination, transparency, and public participation to ensure sustainable infrastructure development that benefits the people of Manokwari.
Consumer Legal Protection in Electronic Transactions: Between Rights Wam, Sopince; Wamafma, Filep; Sassan, Jonhi
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.270

Abstract

This research explores the legal protection of consumers in electronic transactions in the digital era with a focus on the balance between consumer rights and obligations and the role of artificial intelligence (AI) technology. The main issue discussed is the legal protection of consumers in electronic transactions in the digital era. The research uses a qualitative approach with literature studies from relevant sources such as books, journals, and legal documents. The research found that AI can enhance consumer protection through applications such as chatbots and smart logistics, although there are challenges related to privacy and transparency.  The implications of these findings suggest the need for proper regulation in the application of AI to protect consumers.
The Impact of Expedited Land Title Transfers on Legal Certainty and Ownership Disputes Fransina Bikio; Sasea, Enny Martha; Ramadhan, Gilang
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.284

Abstract

This research examines the legal impact of rapid land title transfers in Indonesia, which often neglect the detailed verification stage, leaving the door open for unauthorized parties to claim ownership or for entitled parties to be unfairly disenfranchised. The purpose of this research is to explore the conformity of the process of expeditious land title transfers with applicable legal provisions and identify the legality and legal consequences arising from such title transfers. This research utilizes a normative legal method with a descriptive-analytical approach. Primary data includes relevant laws and regulations such as the Basic Agrarian Law (UUPA) No. 5 of 1960 and the Government Regulation on Land Registration, as well as relevant jurisprudence. Secondary data consists of law books, law journals, scientific articles, and previous research reports that discuss similar topics. The results show that accelerated transfers of land rights that disregard legal procedures can lead to legal uncertainty and harm to entitled parties, thus requiring stricter law enforcement and more transparent procedures to ensure legality and fairness in every land transaction.
The Role of Indonesian Child Protection Commission (KPAI) in Legal Protection and Prevention of Child Trafficking Crimes Alijana, Erma Hari
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.305

Abstract

Human trafficking is a criminal phenomenon that significantly captures public attention, especially concerning child victims, which is most urgent. The aim of this research is to assess the role of the Indonesian Child Protection Commission (KPAI) in light of the increasing cases of child trafficking throughout 2024. This research method utilizes a normative juridical approach, whereby issues emerging in the field are examined through legal materials such as books or articles discussing human trafficking. The type of research conducted is qualitative research, utilizing a descriptive phenomenological approach. Human trafficking is categorized as a specific criminal offense and has been regulated in various legal provisions. These provisions encompass prohibitions and eradication measures as stipulated in legislation and the Convention on Human Trafficking. The research findings highlight efforts in preventing child trafficking crimes. Insufficient awareness among stakeholders both centrally and locally results in overlapping regulations regarding child trafficking crimes.
Dissecting Patterns of Hospital Civil Liability in Medical Disputes: Between Vicarious Liability and Central yansen ones mambrasar; Yohana Watofa; Jonhi Sassan
Legalis : Journal of Law Review Vol. 2 No. 3 (2024): July 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i3.323

Abstract

This research discusses the civil liability of hospitals in Indonesia in the context of medical malpractice. The purpose of this study is to explore the application of the principles of vicarious liability and corporate responsibility in the civil liability of hospitals for the acts of doctors working under the auspices of the hospital. The research method involves analyzing legal documents and medical malpractice cases in Indonesia. The results show that hospitals in Indonesia can be sued for damages for the acts or mistakes of their workers and agents as well as for their own mistakes. The principle of vicarious liability emphasizes that hospitals can be held liable for errors or omissions committed by doctors, nurses, or other medical personnel while they are serving under the auspices of the hospital. This research also shows that hospitals should ensure compliance with applicable regulations and procedures and conduct effective risk management to reduce the likelihood of medical disputes and the potential financial impact that could arise from legal claims. The contribution of this study is in improving the understanding of the legal liability of hospitals in medical malpractice cases and providing guidance for hospitals in developing and implementing better policies and procedures to reduce the risk of medical errors. The recommendation of this study is that hospitals should ensure that all their medical staff adhere to established medical standards and conduct effective risk management to reduce the likelihood of medical disputes and the potential financial impact that could arise from legal claims.
The New Frontiers of Medical Malpractice: Legal Challenges in the Age of Artificial Intelligence and Telemedicine Zein, Rosnalisa; Kusnawirawan, Iwan; Hernayati; Mottershead, Richard; Subu, Muhammad Arsyad; waluyo, imam
Legalis : Journal of Law Review Vol. 2 No. 4 (2024): October 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i4.363

Abstract

The healthcare landscape has transformed significantly in recent decades, propelled by technological advancements and evolving treatment methodologies. This evolution has improved patient care and introduced complexities in medical malpractice. This research aimed to explore the evolving landscape of medical malpractice in light of technological advancements such as artificial intelligence (AI) and telemedicine. Specifically, the study aims to analyze the gap between traditional legal standards of medical malpractice and the practical realities healthcare providers face in a rapidly changing environment. The gap is most evident when applying static legal definitions to an ever-changing healthcare environment.  This study employs a qualitative research method using a systematic literature review (SLR) to analyze the relationship between legal frameworks and technological developments influencing medical malpractice claims over the past five years (2018-2023).  This study found a pressing need for legal reforms to accommodate emerging technologies such as telemedicine and artificial intelligence (AI), which challenge conventional definitions of liability and standards of care. The study emphasizes the importance of adapting legal frameworks to ensure patient safety while protecting healthcare providers from undue liability. This study highlights medical malpractice law's dynamic and evolving nature in response to technological advancements and changing healthcare practices. Staying informed about these evolving legal standards is essential for healthcare providers' risk management and compliance. Policymakers must prioritize the development of supportive legal frameworks that protect patient rights while providing healthcare providers with the clarity needed to navigate this complex landscape effectively.
Legal Analysis of Co-Branding as an Identity for Creative Economy Products in Bangkalan Regency Kumala, Tannia Dinda; Abdulovna, Daryna Dzemish
Legalis : Journal of Law Review Vol. 2 No. 1 (2024): January 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i1.459

Abstract

Intellectual property rights provide exclusive protection as in brand protection. By registering a brand, a creative economy product will receive repressive legal protection, obstacles in brand registration are experienced by some creative economy actors in Bangkalan Regency. Until now, there has been no regional legal product regarding intellectual property protection, especially convenience through the concept of co-branding as the identity of creative economy products for business actors. Therefore, this study was conducted to determine the concept of using a brand as co-branding in Law Number 20 of 2016 concerning Brands and Geographical Indications and the views of stakeholders in Bangkalan Regency regarding the implementation of co-branding regulations in the future. The research method used is empirical juridical. The approaches used in this study are factual approaches and statutory approaches. The results of this study indicate that the use of brands as co-branding is closer to the concept of collective brands. Regional legal products in Bangkalan Regency regarding brand protection have not yet had a discourse on the creation and regarding the concept of using brands as co-branding related to creative economy products.
Legal and Ethical Validity of the Thesis Jockey Services Agreement Fathurrahman, Aditya; Mediawati, Noor Fatimah; Abdulovna, Daryna Dzemish
Legalis : Journal of Law Review Vol. 2 No. 1 (2024): January 2024
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i1.460

Abstract

This research examines the validity of thesis jockey service agreements from a legal perspective, focusing on the complexities arising from paid academic work. The study analyzes the legal implications of intellectual property rights, contractual validity, and potential criminal liability under existing regulations. A normative juridical approach is employed, utilizing a statute-based analysis of relevant laws, particularly Law No. 20 of 2003 on the National Education System. The research relies on secondary data sources, including legal texts, court decisions, and scholarly articles. Data collection is conducted through a literature review, and the analysis technique follows qualitative juridical interpretation to assess legal risks and implications. The study identifies key legal concerns, such as intellectual property rights violations, contractual obligations, and the potential for fraud or document forgery. It highlights that payments for thesis writing services may constitute an employment relationship, raising ethical and legal dilemmas. The findings indicate that service providers and clients may face legal consequences, including criminal charges for academic dishonesty and violations of copyright law. The research underscores the legal risks associated with thesis jockey services and emphasizes the need for stricter enforcement of academic integrity policies. The study calls for increased awareness of legal consequences and improved regulatory measures to safeguard educational integrity. This research contributes to the understanding of academic integrity and legal accountability, providing insights for policymakers, educational institutions, and legal practitioners to address the challenges posed by paid thesis writing services.
The Role of Justice Law Enforcement By Judges In Handling Criminal Cases Sari, Nani Widya; Yanto, Oksidelfa; Widodo, Guntarto; Rejeki , Henlia Peristiwi; Ramadan, Tubagus Ahmad
Legalis : Journal of Law Review Vol. 3 No. 2 (2025): April 2025
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v3i2.515

Abstract

Law enforcement is a process of making efforts to reinforce the existing legal norms. One of the parties that plays a role in law enforcement is the judge. The role of judges in law enforcement, especially criminal law, is very urgent in the criminal justice system in Indonesia. This is because the judge is the one who decides a case through his decision which will always be the concern of justice seekers. Therefore, in handling cases, the judge is impartial and may not be influenced by any party, so that his decision can realize a sense of justice in society. The research method used in this writing is the normative legal research method using secondary data obtained through literature studies. The focus of this research is the role of judges in law enforcement, especially in handling criminal cases through their just decisions.

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