Terang: Jurnal Kajian Ilmu Sosial, Politik dan Hukum
Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Articles
169 Documents
<![CDATA[Urgensi Penerapan Asas Proporsionalitas Dalam Kontrak Elektronik Pinjaman Online ]]>
<![CDATA[Beryl Alfarez Hertanto]]>;
<![CDATA[Adi Sulistiyono]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.104
<![CDATA[This article aims to explore the urgency of applying the principle of proportionality in online loan agreements. The research results are expected to be utilized by all parties involved, especially prospective recipients of online loans, in crafting a standardized online loan agreement. The research methodology employs normative legal research, utilizing both primary and secondary legal materials through a literature review data collection technique. The approaches used in this research are the legislative approach (statute approach) and the conceptual approach. The data analysis technique employed is deductive analysis using the syllogism method. The application of the proportionality principle is examined through a guiding theory to identify the proportionality principles in contracts, including the principles of equality of rights, freedom, proportional distribution, and an elegant resolution with a win-win solution. Applying the proportionality principle in online loan electronic contracts is expected to minimize the risk of disputes during the execution of online loan agreements.]]>
<![CDATA[Penegakan Hukum Terhadap Pencemaran Limbah Pewarna Cair Industri Tekstil ]]>
<![CDATA[Made Wipra Pratistita]]>;
<![CDATA[Adinda Kusumaning Ratri]]>;
<![CDATA[Fachri Hafizd Selian]]>;
<![CDATA[Irwan Triadi]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.122
<![CDATA[The production of clothing produced by the textile industry cannot be separated from the use of dyes. The dyes that have been used of course become waste which can have an impact on the damage to the water ecosystem if they do not go through a waste treatment process. This research discusses the extent to which law enforcement has been carried out regarding the behavior of the textile industry which disposes of its clothing dye liquid waste haphazardly when viewed from statutory regulations. In this research the author uses normative legal research methods using legal sources from primary legal materials in the form of environmental law legislation and secondary legal materials in the form of books and articles regarding waste management. The conclusion obtained in this paper is that liquid textile dye waste is a dangerous waste that can damage the condition of water and river environments if its disposal is not based on the provisions of applicable laws and regulations.]]>
<![CDATA[Implementasi Pelaksanaan Perizinan Berusaha Bagi Usaha Mikro Kecil Dan Menengah di Kota Surakarta Melalui Online Single Submission Risk Bassed Approach ]]>
<![CDATA[Dhea Putri Sri Wahyuniarti]]>;
<![CDATA[Lego Karjoko]]>;
<![CDATA[Rosita Candrakirana]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.123
<![CDATA[The importance of business licensing as a matter of legality is a manifestation of legally valid permits given by the government to business actors to carry out their business officially. The birth of the Job Creation Law gave birth to a business licensing system which previously contained the Online Single Submission system version 1.1 which was later developed into a risk-based approach/RBA or based on the level of risk of the business to be carried out. The aim of this research is to determine the implementation of business licensing for Surakarta City MSMEs through the Online Single Submission Risk Bassed Approach. This research method is empirical juridical legal research and uses a qualitative approach. This research uses primary data and secondary data. The primary data obtained came from interviews conducted at the Surakarta City Investment and One Stop Integrated Services Service. Then supported by secondary data obtained from library materials. Due to the convenience of the OSS-RBA system, system errors often occur or the server goes down, thus hampering the goal of facilitating business licensing, becoming a barrier for business actors to issue their business permits quickly. These obstacles make it difficult for business actors to log in or register on the OSS page, which means that the NIB is not immediately published. And many business people are still confused about the process flow for using OSS-RBA and are still blind to internet technology. However, despite these obstacles, the Surakarta City DPMPTSP has made various efforts to improve the quality of business licensing services in the City of Surakarta.]]>
<![CDATA[Diversi Penyidik Sebagai Bentuk Penyelesaian Perkara Pidana Anak Melalui Restorative Justice System : Studi Polrestabes Semarang ]]>
<![CDATA[Andrean Widiyantoro]]>;
<![CDATA[Sunarto Sunarto]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.124
<![CDATA[The background to this thesis is that the implementation of diversion for children in the investigation process and legal processes related to juvenile criminal matters still faces significant gaps. Children's rights are often ignored in the implementation of diversion by the existing legal system. Disproportionate treatment of children in the implementation of diversion causes injustice in the handling of child criminal cases. There needs to be attention and effort to ensure that children's rights are fully recognized and respected in the implementation of diversion. Reforming the legal system to be more inclusive and attentive to children's needs is a necessary step to overcome this gap. The problem formulation for this thesis is: What is the process of investigating child criminal cases through restorative justice at the Semarang Police? and What are the obstacles and solutions in the process of investigating child criminal cases through restorative justice at the Semarang Police? The results of this thesis research are that the child diversion process at the Semarang Police is a method that involves transferring cases from the criminal court to a deliberative process, with the aim of achieving balance and restoring the situation. This approach has significant benefits, including reducing the number of children arrested, detained and sentenced to prison, as well as removing the stigma attached to them and returning them to normal behavior. In its implementation, deliberation involves a mediator who can be a trusted community figure or a school principal or teacher. The importance of a restorative judicial process is also seen in this case, involving law enforcement officials who have good intentions and understanding of children's problems. However, there are several obstacles in the child diversion process at the Semarang Police, such as excessive compensation requests, financial constraints, and the complexity of cases involving children. Apart from that, public trust in diversion regulations is also a concern that needs to be addressed.]]>
<![CDATA[Analisa Yuridis Peran Pra Peradilan Dalam Penegakan Hukum Pidana Di Indonesia ]]>
<![CDATA[Moch Adhitya Rifka Wibowo]]>;
<![CDATA[Sunarto Sunarto]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.125
<![CDATA[The background of this thesis is based on the role of pretrial which functions as a social control mechanism, its implementation in Indonesia still often experiences violations. Therefore, it is necessary to carry out an in-depth analysis to identify the causes of these violations and find solutions to increase the effectiveness of pre-trials in protecting the rights of individuals who are disadvantaged in the application of criminal law in Indonesia. The problem formulation for this thesis is How pre-trial arrangements are made in positive law in Indonesia ? and What is the function and role of pretrial in criminal law enforcement in Indonesia? The research method for this thesis is Normative Juridical where the author examines phenomena related to Pre-Trial from the aspects of Legislation and Legal Principles. The results of this thesis research are that pretrial arrangements in the criminal justice system in Indonesia are regulated in Law No. 8 of 1981 concerning the Criminal Procedure Code. Pretrial, in accordance with Article 1 point (10) in conjunction with Article 77 of the Criminal Procedure Code, is the authority of the district court to examine and decide on several matters, including whether or not an arrest and detention is legal, the termination of an investigation or prosecution, as well as requests for compensation or rehabilitation. Pretrial has an important role in maintaining the balance of law enforcement powers and individual rights in enforcing criminal law. Its main function is to control law enforcement actions and procedures, ensuring justice and compliance with applicable laws. Pretrial is also closely related to the principle of Habeas Corpus which guarantees that a person must not be detained without a valid reason and must be immediately brought to justice. Through pretrial proceedings, individuals can protect themselves from arbitrary actions by law enforcement and seek redress if their rights are violated. Pretrial and the principle of Habeas Corpus together form an important part of the criminal law system in Indonesia which focuses on justice and the protection of human rights.]]>
<![CDATA[Perdagangan Pakaian Bekas Dalam Perspektif Perundang-Undangan Di Indonesia: Berkah Atau Musibah ]]>
<![CDATA[Moammar Khadafi]]>;
<![CDATA[Otih Handayani]]>;
<![CDATA[Widya Romasindah Aidy]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.136
<![CDATA[The proliferation of imported used clothing trade is due to clothes sold having foreign brands at cheap prices so that people who want to stay fashionable prefer imported used clothes because they are considered more affordable. The Clinical Pathology Laboratory of Muhammadiyah University Surabaya stated that used clothing samples contained mold or yeast fungi, Staphylococcus aureus bacteria, Escherichia coli bacteria and HPV (Human Papilloma Virus). This study aims to investigate the regulations regarding the trade of secondhand clothing in Indonesia and explore the legal protection provided for consumers of secondhand clothing in the country. The study employed a normative juridical legal research method, utilizing both the statute approach and conceptual approach. It drew upon legal materials such as Law Number 8 of 1999, Law Number 36 of 2009, Law Number 7 of 2014, and Minister of Trade Regulation No. 18 of 2021. The initial finding of the research was that the importation of secondhand clothing in Indonesia has been prohibited under Minister of Trade Regulation No. 18 of 2021, Article 2, paragraph (3), while local secondhand clothing businesses are permitted based on the Indonesian Business Field Standard Classification (KBLI) with code 47742. Secondly, legal protection for secondhand clothing consumers in Indonesia has been regulated in Law Number 8 of 1999. One of the consumer rights that needs to be fulfilled in consumer protection is the right to compensation for losses suffered by consumers based on Article 4 number 8, Article 7 letter f, and Article 19 paragraph (1).]]>
<![CDATA[Konsep Restorative Justice Dalam Penanganan Tindak Pidana Penganiayaan ]]>
<![CDATA[Achmad Badawi]]>;
<![CDATA[Supanto Supanto]]>;
<![CDATA[Tika Andarasni Parwitasari]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.140
<![CDATA[Criminal Law plays a crucial role in regulating the daily behavior of society, identifying actions that violate ethics and morals, and asserting that such actions can be considered crimes potentially harmful to others as legal subjects. Although assault is generally regulated in the Criminal Code as a violation of bodily integrity, there are differences in interpretation among legal experts regarding the meaning and concept of assault. The use of the judicial system to resolve cases does not always meet the expectations of perpetrators, victims, or the community in achieving justice. The emergence of the concept of Restorative Justice brings a new paradigm to the law enforcement system in Indonesia, aiming to be a holistic solution that considers the rights of both victims and perpetrators. Restorative Justice aims to restore the situation to its state before the criminal act, eliminate negative stigma, and avoid revenge. Thus, it is expected that the perpetrators can honestly admit their actions, take responsibility for their mistakes, and commit to improving themselves to avoid repeating their actions.]]>
<![CDATA[Pengesahan Anak Luar Kawin Sebagai Anak Sah: Tinjauan Keabsahan ]]>
<![CDATA[Muhamad Arul Pramudi Utama]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.142
<![CDATA[This research contains a description of the ratification of extra-marital children as legal children. Recognition and ratification of extra-marital children often experience differences in their determination. The research method used by the author in writing this journal is normative legal research method, this legal research examines document studies using various secondary data, such as laws and regulations, court decisions, legal theories and opinions of scientists. Based on the results of the research, the Marriage Law does not regulate the recognition and validation of children, the Civil Code regulates recognition and validation while the Constitutional Court only focuses on the biological relationship between the child and the father. In the Determination of the Airmadidi District Court Number 175/Pdt.P/2021/PN Arm, the judge only looks at positive law without considering other aspects in the ratification of extra-marital children. This research is expected to contribute to the development of science, the author's achievement from this research is to produce scientific works in the form of theses, research journals, and as reference material for other writers in the future.]]>
<![CDATA[Analisis Pencantuman Klausula Eksonerasi Dalam Perjanjian E-Commerce Menurut Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen ]]>
<![CDATA[Devinda Diana Valentina]]>;
<![CDATA[Suraji Suraji]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 1 (2024): Maret : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i1.148
<![CDATA[This research examines the validity of agreements regarding the inclusion of exoneration clauses in e-commerce transactions. Agreements between marketplace companies and their users are packaged in the form of standard agreements. This allows for the inclusion of eksonerasi clauses containing exoneration elements that may harm users. The research method used by the Author is normative legal research with a prescriptive nature. The types and sources of research data include primary data consisting of legislation, basic principles, jurisprudence, and other fundamental regulations, as well as secondary data obtained through literature review. Based on the research findings, the use of standard agreements is generally allowed as long as it does not violate Article 18 paragraph (1) of the Consumer Protection Law. Such violation constitutes a breach of the conditions for the validity of the agreement in terms of a lawful cause, thus rendering the use of exoneration clauses legally void.]]>
<![CDATA[Tindak Pidana Pencurian Yang Dilakukan Residivis Dilihat Dari Aspek Penegakan Hukum ]]>
<![CDATA[Sofyan Daud]]>;
<![CDATA[Fence Wantu]]>;
<![CDATA[Avelia Avelia]]>
<![CDATA[ Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum Vol. 1 No. 2 (2024): Juni : Terang : Jurnal Kajian Ilmu Sosial, Politik dan Hukum ]]>
Publisher : <![CDATA[Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia ]]>
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DOI: 10.62383/terang.v1i2.164
<![CDATA[This research aims to determine law enforcement efforts for criminal acts of theft committed by recidivist perpetrators in the jurisdiction of the Gorontalo City Resort Police from the aspect of law enforcement. The research method used in this research is empirical research, using a document study approach, case studies, observations, interviews which are then analyzed qualitatively. The research results show that the analysis regarding law enforcement efforts against recidivists carried out by the Gorontalo City Police uses efforts; preventive, namely providing legal education to the community and repressive efforts in the form of bringing justice by carrying out investigations, arrests, investigations up to the court level. It can be concluded that this preventive effort is an outreach by providing understanding to the community so that they participate in overcoming the problem of crimes committed by a recidivist, especially in the family environment, school environment and repressive efforts in the form of taking firm action against a recidivist. The action in question is in the form of investigation, arrest. , investigation up to the court level, this action is the last action if pre-emptive action is not successful.]]>
