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Amandemen: Jurnal Ilmu Pertahanan, Politik dan Hukum Indonesia
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30325862     EISSN : 30325854     DOI : 10.62383
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 153 Documents
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Analisis Bentuk Pelanggaran dan Upaya Penegakan Hak Orisinalitas Video Content Creator di Era Digital Pandito Malim Hasayangan Tanjung; Diana Tantri Cahyaningsih
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.161

Abstract

This article is to review and analyze the forms of violation of originality rights in the context of video works and the efforts made by content creators if their originality rights are violated. this research identifies forms of Copyright infringement, especially related to reuploads without attribution or watermarks, as well as actions that can be taken by content creators in response to such violations, The research method used is a normative legal approach with a focus on analyzing primary and secondary legal materials through literature study. The results show that violations of originality rights often occur in various forms, such as unauthorized use, reproduction without significant changes, and unauthorized modification of original works. However, the main challenges in enforcing originality rights are the difficulty in identifying infringements in a timely manner and the cost and time involved in the enforcement process. cooperation between digital platforms, policymakers, and the creator community is needed to create a fairer and more supportive environment for creators to maintain the integrity of their original works and more effective efforts are needed to support video content creators to protect their originality rights in this digital era.
Perlindungan Hukum Terhadap Kekayaan Intelektual Dalam Bisnis Startup Willy Jayandi Parasian Sinaga; Dewa Gde Rudy
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.163

Abstract

The development of technology and information has given rise to more and more startup businesses popping up. This is also accompanied by the existence of intellectual property as a startup business asset which is very important to be protected by law. Intellectual property can be in the form of copyrights, patents, trade secrets and trademarks owned by a startup business. This study aims to find out what legal protection for intellectual property will be in startup businesses, as well as the challenges and obstacles that startup businesses will face to protect their intellectual property. This research is normative with a qualitative approach to several startup business actors and legal policy makers who are involved in the legal protection of intellectual property in startup businesses. The results of the study show that legal protection of intellectual property in startup businesses can be done through registration of copyrights, patents, trademarks, and taking legal action against intellectual property violations. However, startup businesses experience problems in terms of costs and time to register intellectual property rights as well as a lack of legal awareness and knowledge of intellectual property protection. Therefore, there is a need for more intensive outreach and education about intellectual property law protection in startup businesses.
Analisis Faktor Yuridis Penyebab Terjadinya Kekerasan Dalam Rumah Tangga Di Wilayah Ponorogo Riska Andi Fitriono; Lushiana Primasari; Cornella Fithria Khairunnisa
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 2 (2024): April : Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i2.167

Abstract

Domestic violence is known to increase significantly from year to year. There are 4 forms of domestic violence, namely physical, psychological, sexual and economic violence. Of the several forms of domestic violence, there is physical and economic violence that often occurs in Indonesian households. This happens because of several juridical factors that influence the emergence of domestic violence, but there are 2 juridical factors that greatly influence the existence of domestic violence, namely cultural factors and economic factors. The aim of this research is to gain knowledge about the factors that cause domestic violence and how to resolve domestic violence using the concept of restorative justice. Apart from that, the main aim is to ensure that domestic violence cases in Indonesia do not increase. The research method used in this article is a library study approach because it collects data from books, journals, the internet, or other written literature as a basis for writing research.
Penggunaan Teknologi Dalam Proses Peradilan Serta Dampaknya Terhadap Akses Keadilan (Acces To Justice) Taufiqurrohman Syahuri; M. Reza Saputra
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.206

Abstract

Technological developments ultimately require judicial bodies in various countries, including Indonesia to adopt the use of technology. Because the administration of Indonesian justice is based on the principle of simple, fast, and low cost. Utilization of information technology in the judicial process can increase the effectiveness and efficiency of the performance of the judiciary, so that it can answer the public's sense of justice. Because the main problems that are often faced in our judiciary are the slow handling of cases, the difficulty of accessing cases and the integrity of the judicial administration apparatus. This article is intended to examine how to regulate the use of technology in the judiciary, and how it impacts on access to justice. This article concludes, Electronic court proceedings need to be regulated in the law itself or accommodated in the current procedural law. Because the mission of adaptation and harmonization of various legal developments is very necessary. In addition, the government must also pay more attention to the readiness of courts in Indonesia to carry out using technology. For example, providing direction for building or upgrading electronic facilities for trials, both in courts and correctional facilities, as well as recruiting and providing IT human resources. So that by using technology can run effectively and efficiently.
Analisis Hukum Terhadap Penggunaan dan Pembuatan Akta Notaris Secara Elektronik Dengan Menggunakan Artifisial Intelegensi (AI) Frita Apriliana Yudha
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.237

Abstract

Several countries have implemented electronic notarial deeds in their national legal systems, mainly to ensure the authenticity of electronic information. The authentic deed rules in the UUJN and Civil Code show that the use of notarial deeds and the creation of authentic deeds are difficult to implement due to the absence of procedural changes. The definition of an authentic deed is included in both UUJN and UU ITE. The research findings show that the creation of electronic deeds using artificial intelligence (AI) has become a legal basis. For example, Article 15(3) of the UUJN and Article 17 of the UUPT cover electronic registration of trust deeds, electronic registration with notaries, amendments to the articles of association of legal entities, and so on. Obstacles in the implementation of electronic deeds are influenced by many factors, such as legal substance, legal structure, and legal culture.
Kontribusi Partai Politik Terhadap Pembangunan Demokrasi Dalam Perspektif Hukum Tata Negara Yunita Nurul Arifah; Dwi Maulida Khasanah; Can Gita Yuliana; Aqilla Fayyaza Ghafur; Niken Fernanda; Rosa Adelia Arifin; Kuswan Hadji
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.240

Abstract

Political parties play a vital role in advocating for democracy and maintaining public trust in the political system. This study evaluates the role of political parties in the development of democracy from the perspective of constitutional law using a qualitative descriptive method. They are responsible for transparency, participation, and accountability in the political process, as well as formulating policies, raising political awareness, and representing the interests of the people. Political parties also support political pluralism, participate in elections, and oversee the government in accordance with the law. Despite their key role in building democracy, challenges such as unequal representation and lack of transparency still need to be addressed. This research provides insights into the contribution of political parties to strengthening democracy, while highlighting areas that require further attention to improve the quality of democracy in Indonesia.
Faktor Penyebab dan Upaya Penanggulangan Tindak Pidana Penggelapan Kepemilikan Hak Atas Tanah: (Studi di Desa Pilohayanga) Azelchie Caroline; Lisnawaty W. Badu; Nuvazria Achir
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.245

Abstract

This research aims to analyze the factors that cause criminal acts of embezzlement of ownership of land rights. The research method used in this research is empirical legal research using data collection techniques through direct observation and interviews with the litigants. The results of the research show that the factors that cause criminal acts of embezzlement of ownership of land rights include economic factors, lack of the concern of land owners regarding the wealth they own, the ignorance of the victim's heirs regarding land ownership, the current high price of land has resulted in people starting to look for their land, as well as the factor of selling or exchanging land at that time using a belief system, resulting in the transfer of land rights. there is no evidence of the land. Overcoming criminal acts of embezzlement of ownership of land rights in three ways: preemptive efforts, preventive efforts and repressive efforts, namely by taking more potential steps to avoid conflicts in the land sector..
Tuntutan Ganti Rugi dalam Perbuatan Melawan Hukum Kepemilikan Hak Atas Tanah : (Studi Di Desa Pilohayanga) Livya Asifah Magfira Ngabito; Nirwan Junus; Nurul Fazri Elfikri
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.246

Abstract

This research aims to analyze compensation for land rights ownership losses resulting from unlawful acts in view of Article 1541 of the Civil Code in Pilohayanga village. The research method used in this research is empirical legal research using data collection techniques through direct observation and interviews with the litigants. The results of the research show that compensation for ownership of land rights due to unlawful acts in Article 1365 of the Civil Code is mandatory to provide compensation to the person whose fault caused the loss, both in the form of money and compensation in the form of returning it to its original condition. The award of compensation depends on the size of the claim submitted by the injured party. The size of the compensation costs is measured by looking at the object of the dispute, the time limit and the costs incurred in deliberation efforts in the village. However, until now there has been no good intention from the perpetrator to return or compensate for the losses for his actions.
Tinjauan Yuridis Pembaharuan RUU KUHP Dalam Tindak Pidana Lingkungan Hidup dan Sumber Daya Alam dikaitkan Dengan Undang-Undang Lintas Sektoral Isti Puspitasari; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.262

Abstract

A number of studies related to the politics of criminal law in the Dfrat wetboek van straf recht (RKUHP) have increasingly tightened the state's grip on matters that de facto can be resolved by other types of law such as religion, decency and manners that already exist in society. At that point, efforts to think about the objectives of environmental and natural resource crimes in the RKUHP feel increasingly complicated to think about because this draft seems to be complicated and between various things, can consist of understandings, concepts, paradigms, which are related to and conflict with each other. another. This article uses normative legal research, the author obtains data from library materials which are usually called secondary data, which includes primary, secondary and tertiary legal materials. The author then studies and explores these legal materials and quotes theories or concepts from a number of literature, including books, journals, papers, newspapers or other written works related to the problem under study. This article explains that the position of the RKUHP regarding laws in the field of environment and natural resources is not yet clear, because the RKUHP does not expressly state its position regarding other laws. UU no. 10 of 2004 concerning the Preparation of Legislative Regulations also does not help provide answers because it does not recognize the general and specific designations or categories of laws as well as the requirements to fulfill these categories and this RKUHP is only able to absorb the criminal articles of each law. sectoral law, apart from other parts contained in the law. This means that the codification of this model consciously releases the historical and logical ties between the parts contained in each law.
Tindak Pidana Dalam Kasus Lumpur Lapindo: Terkait Dengan Undang-Undang Nomor 32 Tahun 2009 Tentang Perlindungan Dan Pengelolaan Lingkungan Hidup Erva Yunita; Irwan Triadi
Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia Vol. 1 No. 3 (2024): Juli: Amandemen: Jurnal Ilmu pertahanan, Politik dan Hukum Indonesia
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/amandemen.v1i3.263

Abstract

The author raises the topic of the Lapindo mudflow case which is viewed from criminal acts related to Law Number 32 of 2009 concerning Environmental Protection and Management.. A company as a legal entity consists of many parties, including owners and directors, so that determining the party responsible for crimes related to the environment becomes complex. Regarding the Lapindo mudflow case, Lapindo Brantas Inc must be held criminally responsible and pay compensation for losses resulting from the Lapindo mudflow activities. PT was not convicted. Lapindo Brantas reflects the poor enforcement of environmental criminal law in Indonesia. It is clear that 42 experts stated that the Lapindo mudflow was not a natural disaster but was purely PT's fault. Lapindo Brantas in carrying out drilling. And the police as investigators, the prosecutor as public prosecutor and the judge who handed down the decision should try this case and punish PT. Lapindo Brantas based on Article 116 of Law Number 32 of 2009 concerning Environmental Protection and Management (UUPPLH) states that criminal sanctions can be imposed on business entities. To obtain answers, this research uses yuridis normative methods or library research, meaning that this research is based on on library sources to discuss the problems that have been formulated. In criminal law, criminal law can be imposed on business entities in the form of fines or administrative action, or closure of part or all of the company or in accordance with the principle of the polluter pays, but cannot be sentenced to prison because the management is a group of people. By enforcing criminal law for environmental perpetrators, the aim of punishment will be achieved, namely that the perpetrator will be deterred and will not repeat his actions and will not be imitated by others.

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