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Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319684     EISSN : 30319706     DOI : 10.62383
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 299 Documents
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Perlindungan Hukum Kekayaan Intelektual Komunal terhadap Obat Tradisional Jamu sebagai Pengetahuan Tradisional Nurul Fitriani; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.226

Abstract

The knowledge of medicine and treatment, also known as Jamu, is one of the most important areas of Traditional Knowledge. It is widespread among indigenous peoples and local communities, and is an integral part of the communal rights held by indigenous peoples. Almost all indigenous peoples have developed knowledge about plants for various purposes, especially for medicine. The use of biodiversity as an ingredient in medicinal herbs has been a common practice in Indonesia for centuries. The question that arises is whether the knowledge of Jamu has received adequate protection from the government againts the rights of indigenous peoples related to Traditional Knowledge. This is the focus of the author attention in this discussion. This research discusses the regulation of communal intellectual property in the legal framework used to protect the knowledge of traditional herbal medicine, and how the effectiveness of legal protection of communal intellectual property on traditional herbal medicine knowledge. The purposes of this study is to determine the legal protection of traditional knowledge and analyze the positive legal regulations. This research method used by researchers is the normative juridical approach method. The results of the research conducted by the author in this thesis can be concluded that Traditional Protection on Jamu needs to be protected in accordance with the concept of protection of Philipus M. Hadjon, namely by means of preventive protection and repressive protection.
Analisis Flash Sale Berdasarkan Undang-Undang Larangan Praktek Monopoli dan Persaingan Usaha Tidak Sehat Oky Tiara Putri; Arief Suryono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.228

Abstract

Today's electronic transactions are facilitated by the many Marketplaces and Online Shops that sellers and buyers can visit. Various platforms implement Flash Sales at certain moments as a form of promotion. In this case, forms of Predatory Pricing are found which include Unfair Business Competition in Predatory Pricing. The following research aims to examine and explain the Flash Sale method in Online Shops and its indications of unhealthy business competition. The following research was carried out using descriptive qualitative methods using a normative juridical approach by analyzing phenomena that exist in real conditions with statutory regulations simultaneously. Based on the analysis results, it is known that not all Flash Sale Programs provide prices far below production. However, the implementation of flash sales which drastically reduce prices is a clear indication of unhealthy business competition. Considering the drop in prices posted on the Flash Sale can reach 80% of the original market price. Based on the results of analysis using the Price-Cost Test, massive discounts by E-Commerce are a form of Predatory Pricing.
Kebebasan Beragama Sebagai Bagian Dari Hak Asasi Manusia Faturohman Faturohman; Afi Nurul Febriyanti; Jihan Hidayah
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.229

Abstract

Freedom of religion is still very low in Indonesia. This clearly violates human rights stipulated in Article 22 of Human Rights Law Number 39 of 1999. This research aims to show why violations of freedom of religion continue to occur or discriminatory and intolerant behavior that is often anarchic. This research uses normative juridical with qualitative approach, which means collecting and using information relevant to the research subject. For this research, the nature is descriptive analysis. Secondary data is the data source. The fact that discrimination cases continue to occur shows that the Indonesian government must make improvements and evaluations in the law enforcement sector and government apparatus, as well as provide guidance to the community.
Perlindungan Hukum Obat-Obatan Tradisional dalam Perspektif Hukum Kesehatan dan Hukum Kekayaan Intelektual di Indonesia Susi Susanti
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.230

Abstract

Developments in the realm of health law develop in line with advances in health science. Currently, health law has become a very important element in dealing with various legal problems and issues in the health sector. On the other hand, with the development of increasingly sophisticated technology, the issue of traditional medicine has received less attention. However, in the context of efforts to fulfill the right to health in Indonesia, traditional medicine should be an alternative that is important to pay attention to. This is supported by Indonesia's natural conditions which have rich biodiversity, including various plant species that have the potential to be used as raw materials for traditional medicine. Thus, legal protection of traditional medicines from the perspective of health law and intellectual property law becomes very important. The research method used in this research is a normative research method which is conceptualized in legislation or conceptualized as norms or rules that serve as the basis for human behavior. The aim of this research is to analyze the legal protection of traditional medicines from the perspective of health law and intellectual property law in Indonesia. The results of this research concluded that related to traditional medicine, Law no. 17 of 2023 does not explicitly mention it as a traditional medicine. However, the definition of traditional medicine is equated with the term "Natural Medicine." In Article 321 paragraph (1), natural medicines are divided into several categories, including herbal medicines, standardized herbal medicines, phytopharmaca, and other natural medicines. Legal protection for traditional medicines or natural medicines is regulated in Articles 324-325 of Law no. 17 of 2023 concerning Health. On the other hand, in the context of Intellectual Property Rights (IPR), legal protection for traditional medicines is included in the patent system, as regulated in Article 26 of Law Number 13 of 2016 concerning Patents.
Kekuatan Pembuktian Tanpa Hadirnya Korban Di Persidangan Dalam Perkara Tindak Pidana Pencurian Dengan Kekerasan : Analisis Putusan Pengadilan Negeri Sumbawa Besar Nomor: 142/Pid.B/2023/PN.Sbw Roli Pebrianto
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.231

Abstract

This article discusses the importance of witness testimony in the criminal justice process in Indonesia, particularly in cases of violent theft. This research focuses on the decision of the Sumbawa Besar District Court Number: 142/Pid.B/2023/PN.Sbw. The method used is normative legal research, which analyzes primary and secondary legal documents to understand how testimony is used in court despite the absence of the victim. This study finds that witness testimony is crucial in proving criminal acts. However, in this case, most of the testimony provided was testimonium de auditu, based on hearing from others rather than direct experience. This raises issues concerning the validity of such testimony as legitimate evidence. The conclusion of this research indicates that although witness testimony is important, caution must be exercised in assessing its validity, especially when the testimony does not originate from the direct experience of the witness. This is important to ensure a fair trial process in accordance with applicable legal principles.
Ketentuan Hukum Pidana dalam Upaya Menanggulangi Tindak Pidana Illegal Logging di Indonesia Ricky Sitanggang; I Dewa Gede Dana Sugama
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.232

Abstract

The development of modern society in the process of globalization and industrialization has had a huge impact on forest sustainability as a support for life and in the world's biological life. The existence of forests is of course very much needed considering that forests are not only a source of wood production but are also an integral part of the environment, forests are open areas that make people's access to use them very large which causes logging and timber theft. In order for this to happen more often, this problem must be addressed immediately for the sake of the preservation of forest ecosystems in Indonesia. This journal writing uses normative research methods, normative methods are used with a statutory approach and use reference materials from book sources or other scientific research. As for the results of this study, the regulation of illegal logging is contained in the Law of the Republic of Indonesia Number 41 of 1999 concerning Forestry in Article 50 which regulates prohibitions for anyone who carries out activities in the form of logging, Article 50 also discusses the prohibition of carrying out forest destruction activities. and confiscation of forest resources in violation of laws and regulations or without permission from interested parties, namely forestry officials.
Analisis Peran Kejaksaan Terhadap Pelaksanaan Putusan Pengadilan Pada Kasus Penyerobotan Tanah Sri Imelda Ayu Dude; Robby Waluyo Amu; Leni Dwi Nurmala
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.233

Abstract

Land grabbing is a form of unlawful act, namely an act of abuse of authority over land ownership rights. Acts of encroachment can take the form of occupying land, installing fences, or eviction of land owners and so on. The act of illegally grabbing land is an unlawful act, which can be classified as a criminal act as stated in the provisions of the Criminal Code. The problem approach used in this writing is the normative juridical method. Primary data collection techniques are obtained by conducting searches, inventories and reviewing regulations using literature studies including statutory regulations, books and articles in journals and scientific works. Deductive analysis techniques are used to analyze data with a starting point or based on general rules, then a specific conclusion is drawn. The mechanism for resolving land grabbing cases that occur in the community can be carried out through deliberation or mediation, litigation, non-litigation, through the role of law enforcement officials, resolution through arbitration institutions. As for the role of the prosecutor's office in implementing court decisions in cases of land grabbing, the main role of the prosecutor's office in this context is as the implementer of court decisions that have permanent legal force. The prosecutor's office is responsible for ensuring that the implementation of these decisions is carried out. The government's suggestion is to provide information to the public by means of outreach, appeals and information, especially about land ownership and the prosecutor's office as the implementer of court decisions can provide protection to people who have land rights.
Penegakan Hukum Terhadap Pelaku Residivis Tindak Pidana Pencurian Moh. Elson I.M.Tandesa; Moh. Rusdiyanto U. Puluhulawa; Apripari Apripari
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.242

Abstract

This research aims to find out how law enforcement is carried out against perpetrators of recidivist criminal acts of theft. The research method used is juridical-normative which is analyzed qualitatively. The research results show that recidivism is the repetition of a criminal act by the same perpetrator, where the criminal act committed previously has been sentenced to a criminal sentence and has permanent legal force, and the repetition occurs within a certain period of time. When imposing a sentence, the judge does not mention the amount of additional prison sentence of 1/3 (one third) of the main criminal threat (the presence of a criminal aggravation due to recidivism reasons), because the judge will basically immediately impose a long sentence on the defendant. Crime prevention is a variety of proactive and reactive activities directed at perpetrators and victims, and in the social and physical environment, carried out before and after a crime occurs. There are two ways of dealing with recidivist crimes, namely, preventive and repressive.
Faktor Penyebab Tidak Terpenuhinya Rasa Keadilan Pada Putusan NOMOR:9/PID.PRA.PRADILAN/2018/PN.GTO Di Pengadilan Negeri Gorontalo Kelas IA Sri Hardiyana Diu; Suwitno Yutye Imran; Avelia Rahmah Y. Mantali
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 4 (2024): July : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i4.247

Abstract

This research aims to identify and analyze the factors that cause the sense of justice not to be fulfilled in decision Number: 9/Pid.Pra.Pradilan/2018/Pn.Gto at the Class IA Gorontalo District Court. This research is classified as empirical research using descriptive analysis methods. Data was obtained through the study of court decision documents, analysis of legal literature, and interviews with legal experts and judicial practitioners. This research allows researchers to get a comprehensive picture of the issues faced in this case. The results of this research show that several important factors cause a sense of justice to be fulfilled in a judge's decision.
Urgensi Dan Dampak Pemberlakuan Ambang Batas 30% Perempuan Dalam Partai Politik Untuk Calon Anggota Legislatif Riska Buhungo; Erman I. Rahim; Abdul Hamid Tome
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 4 (2024): July : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i4.248

Abstract

This research examines the pattern of recruitment of women in political parties to meet the threshold of 30% of Legislative Members in Indonesia, starting from regulations governing the rights and obligations of political parties as regulated in law, and specifications related to the recruitment process from political parties contained in in the AD/ART of political parties. This research is classified as normative empirical research with a statutory approach and a case approach. Research material was collected through interviews and document studies and then analyzed from a perspective. The results of the research show that the recruitment process for each political party is different and by stating the party's interests, there is no reference process regulated in statutory regulations. The researcher provides recommendations in this research related to the formation of statutory regulations for the recruitment process so that they become a reference for each party. politics, as well as providing political education to women in stages as well as evaluations that become material for party development.

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