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INDONESIA
International Journal of Law and Society
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30469619     EISSN : 30469562     DOI : 10.62951
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
of law and social politics, both theoretical and empirical. The focus of this journal is on studies of civil law, criminal law, constitutional law, international law, procedural law and customary law, politics and social sciences
Arjuna Subject : Ilmu Sosial - Hukum
Articles 156 Documents
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The Position Of Correctional Institutions In Providing Guidance To Prisoners In Indonesia I Ketut Sukadana; Leni Dwi Nurmala; Nurwita Ismail
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.83

Abstract

A correctional institution is a place that has the function of providing training for prisoners to carry out what the court has decided for them. The end of the judicial settlement process lies with the Correctional Institution, whether or not the criminal justice objectives are successful can be seen from the results that have been achieved and issued by the correctional institution in the entire criminal justice process. The type of research used is normative research, namely normative legal research or library research. The position of Correctional Institutions (Lapas) is as the final sub-system which directly deals with prisoners to carry out guidance. Tasked with providing community guidance and community services, guidance for correctional clients in accordance with applicable laws and regulations as well as rehabilitation and resocialization of law violators, even to crime prevention. The Role of Correctional Institutions in Indonesia is Linked to the Purpose of Punishment. The existence of correctional institutions in Indonesia carries out three very important roles, namely: carrying out law enforcement, the role of coaching and internal strengthening of correctional institutions. The suggestion that the author puts forward is that the government should provide the facilities and infrastructure needed by correctional institutions to develop correctional inmates with the aim of returning correctional inmates to society so that they can live independently and be useful in society. So that correctional institutions can increase their role and function effectively in providing guidance to inmates.
Legal Analysis Of The Regulation Of Intellectual Property Rights In The Creative Industry Review From An International Legal Perspective Simson Lasi
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.87

Abstract

The creative industry is a sector that is growing rapidly in this era of globalization, but the development of the creative industry also poses challenges in protecting Intellectual Property Rights. This research aims to analyze the regulation of Intellectual Property Rights (IPR) in the creative industry from an international legal perspective. The research method used is a normative approach by examining various international legal instruments related to Intellectual Property Rights (IPR). The research results show that the regulation of Intellectual Property Rights in the creative industry still has weaknesses and challenges, especially in terms of law enforcement and protection of copyrights, patents and brands. This research provides recommendations for improving legal regulations related to intellectual property rights in the creative industry, including increasing international cooperation and more effective law enforcement.    
Differences In Interpretation Between The District KPU And BAWASLU Of Gorontalo District Related To Administrative Violations Of The 2020 Regional Elections In Gorontalo District Nuna, Moh. Maskun; Moonti, Roy Marthen; Kadir, Yusrianto; Bunga, Marten; Kasim, Muslim
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.88

Abstract

The purpose of the research is to find out the causes of differences in interpretation between the Gorontalo Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 elections in Gorontalo Regency and how the process of resolving administrative violations of the 2020 elections in Gorontalo Regency by the Gorontalo Regency KPU and Bawaslu Gorontalo Regency. This research uses two legal research methods, namely: Normative and empirical legal research to find answers to the differences in interpretation between the KPU and Bawaslu Gorontalo Regency regarding administrative violations of the 2020 Pilkada in Gorontalo Regency. The difference in interpretation between the Regency KPU and Bawaslu Gorontalo Regency regarding administrative violations is caused by overlapping statutory provisions. Where in Law Number 10 Year 201 concerning Pilkada, the two institutions are given the authority to examine and decide administrative violations, then the two institutions in deciding administrative violations have their own guidelines where Bawaslu is guided by Perbawaslu while the KPU itself is guided by KPU Regulations. This certainly does not provide legal certainty for justice seekers in election administration violations and the process of resolving administrative violations in the 2020 Pilkada in Gorontalo Regency, namely through DKPP and Constitutional Court decisions. We do not have to face different decisions between the two institutions because DKPP is an ethical judicial institution while the Constitutional Court is a legal judicial institution. Although there has been a decision from the Constitutional Court, it does not change the DKPP's decision because until now there has been no ethics court to appeal the DKPP's decision.
Implications Of Legal Protection Of Intellectual Property Rights For Obtaining Economic Benefits Sanusi Sanusi; Ervin Hengki Prasetyo; Moh Taufik
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.90

Abstract

Intellectual property rights are an implication of the development of international trade, especially in industrial countries. In developing countries, the understanding and protection of intellectual property rights receives less attention, which causes many violations of intellectual property rights and harms creators and inventors. Intellectual property rights have an important role in economic traffic, both regional and international, including investment in a country to spur economic growth of the country and its people. Indonesian society, which is diverse in culture, religion and ethnicity, has very rich creative works, and must take part in the utilization of intellectual property rights. Legal protection and use of copyright are very necessary to become a source of development for the national economy and Indonesian society This research is aimed at examining the implications of Intellectual Property Rights on economic benefit gains. An owner of Intellectual Property Rights as a creative subject must obtain a guarantee of legal protection on his or her work. The result shows that the form of legal protection of intellectual property rights is that the owner of intellectual property rights in performing his or her rights must be protected by law. The economic rights owned by the owner will gain economic benefits if it is performed. The rights include the rights to use, to produce, to publish, to copy, to import, to export and to grant a license (permit) to another party that is intended to make use of the intellectual property. In a condition of law violation, the Law of Intellectual Property Rights as a preventive effort will give a right to an owner of intellectual property rights to sue on civil, criminal, or administrative law. The sanctions on the law breaker are also already written in each law of intellectual property rights that includes copy right, brand right, patent right, graphic design right, and integrated circuit lay-out right. The reason why an owner does not automatically gain economic benefits from his or her work is because he or she does not use the economic rights that he or she has. Some matters causing it are quite high costs of production, difficult licensing, and hard competition. The law protection and economic benefits are two essentials of intellectual property rights. An owner of intellectual property rights is a creative subject that should have those two matters.
Application Of Criminal Sanctions Against Corporations As Subjects Law On Burning Forest Which Cause Damage Environment Ismaidar Ismaidar; Tengku Riza Zarzani; Suramin Suramin
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.91

Abstract

Forest fires are an environmental problem that occurs so often that it has become a local and global concerns. The phenomenon of forest and land fires that occurred in various regions of Indonesia several years ago is a legal fact that the implementation of Law Number 32 of 2009 concerning Environmental Protection and Management, Law Numbers 19 of 2004 concerning Forestry and various other statutory regulations does note in understand with predetermined expectations and rules. It cannot be denied that the phenomenon.phenomenon of forests fires is a serious and urgent threat that must be addressed by all parties. The method used in this research is normative legal research whichcomes from primary data, secondary data and tertiary data to support the arguments in this article. The data collection technique is qualitative descriptive analysis, namely by taking a conceptual and statutory approach. Using literature studies by collecting data through books, articles, statutory regulations, journals or other legal literature as well as online sites that are relevant to the problem being written about. This research aims to determine the impact of forest fires which cause environmental damage, the application of criminal sanctions against corporations as legal subjects for criminal acts of forest burning which . Based on the description above, it can be concluded that in accordance with the development of Indonesian criminal law regulations, a corporation that is declared obstacles faced when applying criminal sanctions against corporations as legal subjects for criminal acts of forest burning which cause environmental damage legal subject can also be burdened with criminal liability. Corporations that have been proven to have burned forests
Legal Responsibility For Corporations Regarding The Crime Of Illegal Fishing In Indonesia T. Riza Zarzani; Ismaidar Ismaidar; Welli Nirpa Pasaribu
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.93

Abstract

Indonesia is known as the largest archipelagic country in the world and is recognized as having a maritime territorial area that is almost equal to its land area. Indonesia's territorial waters contain abundant potential fishery resources and marine diversity, making it known as a maritime country. Illegal fishing is an activity or fishing activity that is contrary to a country's laws or international regulations, where the majority of perpetrators are corporations. Illegal fishing practices have a tremendous impact on marine sustainability, causing huge losses to the country. The occurrence of illegal fishing is caused by weak law enforcement and supervision in Indonesian waters and the authorities' indecisiveness in handling illegal fishing perpetrators. Understanding illegal fishing and crimes committed by corporations should be a strong basis for every legal practitioner to process and impose appropriate and correct sanctions on every perpetrator of illegal fishing or corporate crime perpetrators. The method used in this research is a normative legal research method sourced from primary data, namely the Criminal Code (KUHP), Law Number 45 of 2009 in conjunction with Law Number 31 of 2004 concerning Fisheries, Law of the Republic of Indonesia Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH), secondary data and tertiary data based on regulations relating to fisheries and corporate crimes. The data collection method is qualitative descriptive analysis with literature study using a statute approach. This research aims to determine the factors that cause the crime of illegal fishing in Indonesia, the legal responsibility of corporations related to the crime of illegal fishing in Indonesia and the efforts made to prevent or eradicate the occurrence of criminal acts. illegal fishing in Indonesia.
Legal Analysis of Drug Traffickers Based on: Analysis of Supreme Court Decision Number 5832 K/Pid.Sus/2022 Gita Suci Pratiwi; T. Riza Zarzani; Rahmayanti Rahmayanti
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.111

Abstract

The 2009 Narcotics Law, also known as Law 35, demonstrates a clear intention to deter people from committing drug-related offences. To achieve this, the law applies stricter penalties, including the possibility of the death penalty, with minimum and maximum sentences set based on the severity of the threat posed by drug abuse and illicit trafficking. These measures are crucial in maintaining national security and safeguarding the resilience of our society. This research consists of a legal review of the criminal offence of drug trafficking and the eradication of drug trafficking in Indonesia. This includes an analysis of Supreme Court Decision Number 5832 K/Pid.Sus/2022. The research methodology used is normative legal research, with a descriptive approach. The data for this research is collected from primary and secondary sources through the literature research method. The death penalty is expressly mentioned as an appropriate punishment for serious drug offenders in Law Number 35 Year 2009 on Narcotics. The implementation of this punishment in Indonesia is essential to protect the state, society, and public interest. The act of trafficking narcotics poses a great threat to these three interests so it is justifiable to impose the death penalty on the perpetrators. In line with Supreme Court Decision Number 5832 K/Pid.Sus/2022, the author agrees with the decision of the panel of judges who revoked the defendant's acquittal and imposed the death penalty. This decision is very appropriate for drug dealers who continue to carry out illegal activities even though they have been imprisoned.
Legal Certainty Of Oral Employment Agreements On Workers' Rights Carried Out By Termination Of Employment : Case Study Of Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN. Mam Nur Hana Oktaviani; Muthia Sakti; Atik Winarti
International Journal of Law and Society Vol. 1 No. 3 (2024): July : International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i3.114

Abstract

Employment agreements are a crucial step in establishing the employer-employee relationship. While both the Indonesian Labor Law and the Job Creation Law encourage written agreements, verbal contracts are also legally recognized. Written employment agreements serve as a binding instrument and evidence, yet many labor relationships operate without them. This can lead to legal disputes, particularly regarding workers' rights, as exemplified in the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN.Mam. This study employs a descriptive-analytical approach, adhering to the normative legal research method. Secondary data is gathered from primary legal materials, secondary legal materials, and tertiary legal materials. The findings reveal that workers' rights under verbal agreements are still protected by the Labor Law and the Job Creation Law. However, the absence of written documentation of agreed-upon terms for termination of employment can pose challenges in proving these terms in court. In the Mamuju District Court Decision No. 2/PDT.SUS-PHI/2018/PN, the court ordered the defendant to pay double the plaintiff's entitlements due to the wrongful termination of employment through coercion. The court found that the plaintiff's termination was unrelated to any company policy violation and could not be substantiated due to the lack of written documentation.
Legal Analysis Of The Effectiveness Of Disciplinary Punishment Enforcement In Improving The Discipline Of State Civil Apparatus: Research Study Of The Port Master And Special Port Authority Office (KSOP) Batam Ngatemi Ngatemi; Erniyanti Erniyanti; M. Soerya Respationo; Dahlan Dahlan; Parameshwara Parameshwara
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.145

Abstract

Enforcement of discipline among the State Civil Apparatus (ASN) is an important component in maintaining professionalism and efficiency of public services. This study aims to analyze the effectiveness of disciplinary punishment enforcement in improving ASN discipline at the Batam Municipal and Special Port Authority (KSOP) Office. The background of this research includes various challenges in enforcing ASN discipline, such as long and bureaucratic procedures, low awareness of discipline, and political intervention. The research method used is normative juridical using secondary data through library research, and also an empirical juridical approach with primary data through field research. Primary data collection was carried out through in-depth interviews, observations, and document analysis. The research respondents consisted of Batam KSOP employees, related officials, and other parties related to discipline enforcement in the environment. The results of the study show that the effectiveness of disciplinary enforcement in KSOP Batam is still not optimal. Convoluted enforcement procedures, lack of employee understanding of the importance of discipline, and political intervention were the main obstacles found. In addition, limited human resources and facilities also hinder the effective discipline enforcement process. This study also found that efforts to simplify procedures, increase socialization and education, and strengthen transparent supervision can increase the effectiveness of disciplinary punishment enforcement. Suggestions include the need for bureaucratic reform to simplify discipline enforcement procedures, the implementation of training and education programs on an ongoing basis, and the establishment of an independent internal oversight unit. Additionally, it is important for governments to ensure that discipline law enforcement is free from political interference and supported by adequate resources. With these steps, it is hoped that the discipline of ASN at KSOP Batam can be improved, which will ultimately contribute to improving the quality of public services and the reputation of government agencies.
Juridical Analysis Of The Authority Of The Marine And Coast Guard Base In Carrying Out Its Duties: Research Study at Tanjung Uban Class II PLP Base Orie Andriyanto; M. Soerya Respationo; Erniyanti Erniyanti; Ramlan Ramlan; Dahlan Dahlan
International Journal of Law and Society Vol. 1 No. 4 (2024): International Journal of Law and Society
Publisher : Asosiasi Penelitian dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/ijls.v1i4.148

Abstract

The Sea and Coast Guard Base (PLP) plays a vital role in maintaining maritime security and safety in Indonesia, especially in strategic waters such as the Riau Islands. However, the implementation of the PLP's authority in carrying out its duties at the Tanjung Uban Class II PLP Base has not run optimally. This study aims to analyze the authority of the PLP from a juridical and sociological perspective, as well as identify the obstacles faced and provide recommendations to overcome them. The research methods used are normative juridical and empirical sociology. The normative juridical method is used to analyze various laws and regulations that are the legal basis for the authority of the PLP, such as Law Number 17 of 2008 concerning Shipping, Regulation of the Minister of Transportation of the Republic of Indonesia Number PM 119 of 2021 concerning the Organization and Work Procedures of Marine and Coast Guard Bases, Decree of the Director General of Hubla Number 13/VIII/DV-05 of 2005 concerning the Working Area of Marine and Coast Guard Bases and the Decree of the Director General of Sea Transportation Number KP.867/DJPL/2020 concerning the Patrol of the Marine and Coast Guard Unit of the Directorate General of Sea Transportation. Empirical sociological methods are used to collect data through interviews and direct observations in the field to understand the implementation of PLP authority and the obstacles faced. The results of the study show that limited human resources and equipment, lack of coordination between agencies, inadequate infrastructure, and complex bureaucracy are the main obstacles in the implementation of PLP authority in the Tanjung Uban Class II PLP Base. In addition, the low legal awareness among the maritime community is also a significant challenge. Based on these findings, this study provides several suggestions, including increasing recruitment and training of personnel, procurement and maintenance of patrol boats and supporting equipment, the formation of an inter-agency coordination team, the construction of adequate port facilities, and socialization and education to increase public legal awareness. This research is expected to contribute to strengthening policies and strategies for the implementation of PLP authority, so as to be able to increase effectiveness and efficiency in maintaining maritime security and safety in Indonesian waters.

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