Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
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153 Documents
<![CDATA[Tindak Pidana Pencurian Data Dan Privasi Pengguna Dalam Transaksi E-Commerce : Studi Kasus Pada Aplikasi Tokopedia ]]>
<![CDATA[Akila Nuranisa]]>;
<![CDATA[Diana Lukitasari]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.145
<![CDATA[The development of information and communication technology facilitates transactions, including through e-commerce, but has the potential to present criminal acts of data theft and violations of user privacy. This research investigates the case of data leakage in the Tokopedia application in criminal law and corporate liability by Tokopedia. The analysis shows that Tokopedia can be criminally liable for its negligence in maintaining the security of personal data, such as the weakness of the data security system (encryption) and the lack of vigilance against hacker attacks. Tokopedia has several obligations in protecting users' personal data. This case shows the importance of corporate criminal liability and the company's obligation to protect users' personal data. Using the normative juridical method and statutory approach, primary data is obtained from the Tokopedia 2020 case study, while secondary data comes from primary and secondary legal sources. The results show that the Tokopedia data leak in 2020 is a criminal offense due to the negligence of PT Tokopedia, which is in accordance with the criminal law principle of Culpa Lata Unconscious. The Personal Data Protection Law emphasizes the responsibility of PT. Tokopedia in protecting personal data. Law enforcement needs to take firm action against the perpetrators of criminal acts to provide a deterrent effect.]]>
<![CDATA[Analisis Yuridis Tentang Pencemaran Nama Baik : Studi Kasus Luhut Binsar Pandjaitan ]]>
<![CDATA[Stevanno Sebastian Entoh]]>;
<![CDATA[Sari Mandiana]]>;
<![CDATA[Jusup Jacobus Setyabudhi]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.146
<![CDATA[This research discusses the defamation that has been committed by Haris Azhar (HA) and Fatiah Maulidyianti (FM) who in one of their YouTube video uploads entitled 'There is a Lord Luhut Behind the Economic-OPS Military Relations of Intan Jaya!!! General BIN Also There!! NgeHAMtam' has defamed and caused false suspicion against Luhut Binsar Pandjaitan. It is known that HA and FM called Luhut 'lord'. Luhut also said that material losses do not need to be calculated, but morally, accusing me of being a criminal and being called a 'lord' is very detrimental to him and his family. This research will also discuss the defamation by Haris and Fatiah when viewed from the Criminal Code (KUHP), and Law Number 11 of 2008 which has been amended by Law Number 19 of 2016. This research uses normative / dogmatic juridical research methods. This research uses primary legal materials and secondary legal materials as the legal basis for completing this research. This research also uses the Statue Approach (approach through legislation), Conceptual Approach (conceptual approach), and Case Approach (case approach). In the results of this study, it can be concluded that the actions of HA and FM can be categorized as defamation because they have fulfilled the elements of Article 311 of the Criminal Code on slander and Article 318 of the Criminal Code on false suspicion. The advice in the form of legal opinion is that the prosecutor should be able to provide charges to HA and FM related to Article 311 of the Criminal Code on slander and Article 318 on false pretenses because this can later become the basis for the Judge's decision following the prosecutor's indictment.]]>
<![CDATA[Analisis Bentuk Perlindungan Hukum Terhadap Konsumen Atas Pembelian Mobil Toyota Avanza Generasi Ketiga Akibat Adanya Cacat Produksi ]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.147
<![CDATA[This article aims to examine the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars due to production defects. This research is a prescriptive and applied normative legal research with a statue approach and case approach. The sources of legal materials used are primary and secondary legal materials, by means of literature study of documents or library materials, and syllogism and interpretation techniques using deduction thinking. The results of this study are the form of legal protection for consumers on the purchase of third generation Toyota Avanza cars can choose two forms of legal protection described by Moch Isnaeni, namely internal legal protection and external legal protection. In internal legal protection in the form of an agreement made in the agreement to purchase a third generation Toyota Avanza car. While external legal protection is protected by laws and regulations, government regulations, and ministerial regulations.]]>
<![CDATA[Perlindungan Hukum Terhadap Hak Ekonomi Pemegang Hak Cipta Atas Mechanical Rights Yang Dikomersialkan Tanpa Izin: Studi Kasus Putusan Nomor 35/Pdt.Sus-Hak Cipta/2021/PN.Jkt.Pst ]]>
<![CDATA[Ferdinand Yusuf Marcelino Sihite]]>;
<![CDATA[Hernawan Hadi]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.149
<![CDATA[This research aims to analyze the extent of LMKN's authority to act as a legal protection institution for the economic rights of copyright holders and legal protection efforts for copyright violations, especially Mechanical Rights. This research is normative legal research that is prescriptive and applied with a case approach, namely examining one case of copyright infringement by duplicating songs/Musik without permission from the Creator and Owner of Related Rights as stated in the Decision of the Central Jakarta Commercial Court Number: 35 /Pdt.Sus-Copyright/2021/PN.Jkt.Pst. The collection of legal materials was carried out by conducting library studies and research on the legal sources used, namely primary and secondary legal materials. The analysis technique that the author uses is the syllogism method which is deductive, by submitting a major premise and a minor premise that connect each other to create a conclusion. Based on this research, the results obtained show that the LMKN which was created by the Government as a legal protection institution for copyright holders cannot fully become an institution that accommodates the rights of the Copyright Holders themselves. This is due to the limitations of LMKN which only deals with song copyrights of the Performing Rights type, while for Synchronization Rights and Mechanical Rights they must obtain permission directly from the Creator and Owner of the Related Rights. For this reason, in this writing the author includes Decision Number: 35/Pdt.Sus-Hak Copyright/2021/PN.Jkt.Pst. where in this case the resolution efforts that can be taken if a copyright violation occurs will be analyzed.]]>
<![CDATA[Pengaturan Hukum Mengenai Gratifikasi Pelayanan Seksual Dalam Menanggulangi Tindak Pidana Korupsi ]]>
<![CDATA[Muhammad Alvito Dary]]>;
<![CDATA[Supanto Supanto]]>;
<![CDATA[Ismunarno Ismunarno]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.151
<![CDATA[This gratuity is a practice that often occurs in a nation, which is carried out by state administrators or state officials. Gratification is one form given to state administrators or state officials to influence the performance of public officials which can create the potential for creating an economy at high costs and can affect the quality and fairness of services provided to the community. In the development of this gratification, initially gratification only took the form of money and goods, but in fact the practice of gratification has developed in the form of sexual services. This research seeks to answer the issue of limits on gratification as regulated in Article 12 B of the Corruption Eradication Law. Because the existence of gratification for sexual services must be regulated first so that the perpetrator can be subject to criminal sanctions. As a comparison for this research, it uses a comparative method by examining legal regulations regarding gratification in another country, namely Singapore.]]>
<![CDATA[Peran Hukum Dalam Kasus Suap Menyuap Yang Terjadi Di Keolahragaan Indonesia ]]>
<![CDATA[Fatimatuz Zahro]]>;
<![CDATA[Berliana Ananta Putri]]>;
<![CDATA[Mirza Nabila Putri]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.155
<![CDATA[The practice of bribery and manipulation in the sports environment has become a serious problem that shakes the principles of integrity and fairness in the competitive arena. Starting from match-fixing scandals to acts of corruption in decision-making, this phenomenon not only disrupts match results, but also undermines public confidence in fairness in sport. It is important to recognize that sport is not just about physical competition on the field, but also about moral and ethical principles that must be upheld. Law has a crucial role in establishing the framework that regulates behavior in and around sport. Cases of bribery and manipulation in the field of sports have become a disturbing problem over the last few decades. These corrupt practices threaten the integrity of sports competitions and undermine the fundamental values upheld in society. In bribery cases, there are usually 3 elements, namely the bribe giver, the bribe recipient and the bribe item. Those who give bribes are those who give money, items of high value or in any form whose value can be calculated to someone with the aim of making the person given the item of value want to do or not do something in accordance with what the bribe giver wants. A bribe recipient is a person who receives something of value from the bribe giver to do or not do something. A bribe is something given by the bribe giver to the bribe recipient.]]>
<![CDATA[Pengaturan Pelaksanaan Putusan Ajudikasi Non-Litigasi Sengketa Informasi Publik Oleh Komisi Informasi Provinsi Jawa Tengah ]]>
<![CDATA[Devanno Arya Candra]]>;
<![CDATA[Waluyo Waluyo]]>;
<![CDATA[Abdul Kadir Jaelani]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.157
<![CDATA[This research aims to examine the problems, First see whether the implementation of non-litigation adjudication decisions on public information disputes in Central Java Province has been implemented.Second,what are the obstacles and efforts made in fulfilling the right to information in order to achieve the mandate of the 1945 Constitution Article 28F. This research is empirical legal research with a qualitative approach. Types and sources of data include primary data and secondary data. The data collection technique used was interviews with the Commissioner of the Central Information Commission and the Assistant Commissioner of the Central Java Province Information Commission, then the data analysis technique used was qualitative. The research results show thatFirst,non-litigation adjudication decisions have not been implemented due to several factors, namely the weakness of the trial procedural law regulated in the Information Commission Regulation (PERKI), the absence of authority given to the Information Commission in overseeing decisions, and the independence of the Information Commission which is still very dependent on each commissioner. The obstacles that exist at the Central Java KIP in implementing non-litigation adjudication decisions, namely the legal substance related to the weakness of the PERKI as well as the urgency of revising the KIP Law in safeguarding community dynamism, the legal structure related to the limited budget owned by the Central Java KIP and the limited number of Information Commission employees who do not followed by an increase in quality, as well as community culture regarding the number of applicants who are not serious.]]>
<![CDATA[Upaya Kepolisian Resor Lampung Utara Dalam Penanggulangan Pencurian Sepeda Motor ]]>
<![CDATA[Paisal Sari]]>;
<![CDATA[Emilia Susanti]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.158
<![CDATA[This research uses a qualitative approach to understand the efforts of the North Lampung Police in dealing with motorbike theft. Qualitative methods allow for in-depth analysis of strategies, policies and obstacles faced in addressing this problem. Preventive efforts are carried out through integrated security, appeals to the community, as well as routine patrols and raids. Repressive efforts are carried out by taking firm action against perpetrators of crimes, as well as careful investigations and inquiries into cases of theft. However, the North Lampung Police face a number of obstacles in tackling motor vehicle theft crimes. The lack of timely public reports, the difficulty of obtaining sufficient evidence, and illegal motor vehicle trafficking networks are the main challenges. Even though preventive and repressive efforts have been carried out, innovation and better cooperation between the police and the community are still needed to overcome this problem. In conclusion, the North Lampung Police have made various efforts to tackle motor vehicle theft, but are still faced with a number of obstacles. Better coordination is needed between the police, government and community to create a safer and more comfortable environment for all parties.]]>
<![CDATA[Peluang Dan Tantangan Manfaat Cash Waqf Linked Deposit Pada Sektor Hijau Dalam Hukum Linkungan Indonesia ]]>
<![CDATA[Muhamad Afifullah]]>;
<![CDATA[Irwan Triadi]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.159
<![CDATA[The presence of Cash Waqf Linked Deposit (CWLD) in 2023 which is used for education is a development point for productive waqf, where previously the government had issued Cash Waqf Linked Sukuk (CWLS) as a waqf instrument with various uses including in the sustainable development sector, as well as the encouragement for the Islamic financial industry in secreening financing to protect the environment. Because of this, a special study is needed regarding whether CWLD can be used for sustainable development according to Indonesian law. This scientific work is included in normative jurisprudence, so that in compiling descriptive analysis used with a literature study approach, utilising legal sources of legislation and other scientific works. The research results obtained, namely The opportunity to apply CWLD benefits to the sustainable sector is supported by a legal structure that has synergised to develop waqf. Regulations issued by agencies and the Islamic financial industry. The legal culture of gotong royong that has been rooted in society is an additional value in the development of waqf. However, the weakness lies in the absence of CWLD product development in the sustainable development sector and the absence of specific regulations governing CWLD. The next challenge is to maintain the synergy between stakeholders in the legal structure, formulate specific regulations related to CWLD, and increase the inclusion and literacy of Islamic finance through socialisation, so that the development of productive waqf and the Islamic finance industry can continue to increase.]]>
<![CDATA[Analisis Yuridis Pengaturan Perpindahan Atlet E-Sports Pada Olahraga E-Sports Di Indonesia ]]>
<![CDATA[Imanuel Mario]]>;
<![CDATA[I Gede Putra Ariana]]>
<![CDATA[ Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/amandemen.v1i2.160
<![CDATA[The purpose of this study is to examine the analysis of player transfer arrangements that occur in e-Sports sports in Indonesia by reflecting on the positive law that applies in Indonesia and also what underlies the legal relationship between e-Sports athletes and the team that has just bought them. This study uses normative legal research methods with a statutory approach and other secondary materials. The results of this study show that regulations regarding the transfer of both athletes as athletes and athletes as workers have been regulated in the Sports Law, Employment Law, and Indonesian Esports Executive Board Regulation Number: 034/PB-ESI/B/VI/2021. And the thing that underlies the legal relationship between an e-Sports athlete who moves from one e-Sports team to another is a contract or work agreement made based on the Civil Code.]]>
