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Realism: Law Review
ISSN : 29878411     EISSN : 29872766     DOI : https://doi.org/10.71250/rlr.v1i1.4
Core Subject : Social,
The focus of Realism: Law Review is publishing the manuscript of outcome study, and conceptual ideas which specific in the sector of Law Science. Realism: Law Review aims to provide a forum for lectures and researchers on applied law science to publish the original articles. The scope of Realism: Law Review is Criminal Law, Civil Law, International Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Civil Procedural Law, Economic Law, Adat Law, and Environmental Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 10 Documents
Search results for , issue "Vol. 3 No. 1 (2025): Realism: Law Review" : 10 Documents clear
ANALYSIS OF FACTORS CAUSING CORRUPTION BASED ON STREAMS IN CRIMINOLOGY kres, kresnawati; Novi Sang Vitri; Zsa Zsa Nur Rafi'za; Ade Pramesty Dwi Pradika; Wajdi, Muhammad Farid
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.14

Abstract

In the realm of criminology, there are several schools that have different opinions on criminology. In addition to the Juridical (Law) stream, there is a non-Juridical school which is better known as the Sociological school. One scholar of the Sociological stream, Thorsten Sellin, as quoted by Topo Santoso, argued that a better basis for the development of scientific categories is to provide a better basis by studying conduct norms, because the concept of behavioral norms which includes every group or institution such as the state and is the creation of any normative groups, and is not confined by political boundaries and does not always have to be contained in law. The critical criminology approach is more comprehensive than the classical approach which places more emphasis on juridical aspects. A critical approach that covers the root causes of crime and involves authorities such as labor owners is seen as having relevance in overcoming crime (corruption) in Indonesia.
LEGAL APPROACH IN OVERCOMING BAD CREDIT MORTGAGE AT BANK BTN PAREPARE Akil, Bahrul Iman; Syahril, Muh. Akbar Fhad; Rahman, Muhammad; Ambarwati, Auliah; Asriani, Asriani; Bahtiyor, Kobulov
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.53

Abstract

Home Ownership Loans (KPR) offered by PT Bank Tabungan Negara (persero) Tbk. (Bank BTN) are superior products in housing financing. However, the risk of bad loans remains a significant challenge for banks. To overcome this problem, Bank BTN has developed a series of bad loan settlement mechanisms regulated in the Standard Operating Procedures (SOP). These mechanisms include repayment with relief, gradual repayment, transfer of debtors, redemption of collateral, subrogation, cessie, and sale of collateral. Through a transparent and collaborative approach, the bank strives to provide fair solutions for customers and maintain financial stability. The study also identifies factors that affect the success of the non-performing loan settlement process, including policy innovations that accommodate provisions outside the SOP. One such innovation is the transfer of debtors under the hands, which allows risk mitigation and legal protection for potential buyers. Thus, Bank BTN can continue to maintain credit quality and provide the best service to its customers.
CHEMICAL CASTRATION PUNISHMENT: AN INTERNATIONAL HUMAN RIGHTS LAW PERSPECTIVE Reza, M Hilmi Miftahzen; Kamila, Sultanshina
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.54

Abstract

This research aims to determine international legal instruments in chemical castration cases and seen from a criminal and health perspective. This research is a norative-juridical type of research using conceptual methods. Data funds are used primary, secondary and tertiary. This research focuses on chemical castration from an international human rights perspective and health impacts. The results of this research in the form of chemical castration practitioners in Indonesia and abroad need to be re-examined from a human rights perspective to see whether the rights of the perpetrators have been violated because the legal action of chemical castration is a torturous and inhumane punishment so there is a lot of negative stigma and legalization of violations of human rights. Apart from that, the defendants' rights to health were violated
LEGAL PROTECTION POLICY FOR THE PEOPLE IN HANDLING COVID-19: A COMPARISON OF INDONESIA AND AUSTRALIA Tinambunan, Hezron Sabar Rotua; Kusuma, Febrian Indar Surya; Permatasari, Vivi Ayudya; Sugiarto, Aditya Ferryan; Tajudin, Amalina Ahmad
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.55

Abstract

In terms on handling COVID-19, the whole world is struggling to provide legal protection for its people, including Indonesia and Australia. Surely, Indonesia and Australia have made efforts to provide protection for their people in the form of legal provisions as a consequence of adhering to the rule of law. Thus, the purpose of this study is to examine how Indonesia and Australia issue policies for legal protection for the people in their efforts to deal with COVID-19. This article uses legal research in an effort to answer juridical problems. The results of the discussion show that Indonesia in its efforts to deal with COVID-19 issued a policy of budget refocusing, Large-Scale Social Restrictions to the Enforcement of Restrictions on Micro Community Activities. Meanwhile, Australia in an economic effort issued a COVID-19 grant program policy in Eligible States and Territories if it was appropriate and other efforts made by Australia in handling COVID-19, namely locking in areas where new cases identified. The research was conducted solely for the purpose of producing a substantive picture of the impact of COVID-19 so as to be able to produce policies that do not contradict the existing situation.
LEGAL STRATEGIES IN OVERCOMING OVERCLAIMS ON SKINCARE PRODUCTS: BPOM POLICY EVALUATION Widyawati, Rachel Luna; Widodo, J. Priyanto
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.56

Abstract

Skincare products have become an important part of the cosmetic industry, but the practice of overclaiming in marketing is increasingly common. Overclaiming occurs when manufacturers state the benefits of a product without being supported by adequate scientific evidence, which can mislead consumers. This study aims to analyze the effectiveness of regulations implemented by the Food and Drug Supervisory Agency (BPOM) in overcoming overclaiming in skincare products. The method used is a normative legal approach with regulatory analysis and literature studies related to BPOM policies. The results of the study show that BPOM has implemented various regulations, including BPOM Regulation Number 23 of 2019 concerning Technical Instructions for Cosmetic Product Claims and Law Number 8 of 1999 concerning Consumer Protection. However, the implementation of regulations still faces challenges, especially in supervising products on e-commerce platforms and social media. The legal strategies implemented by BPOM include pre-market and post-market supervision, but their effectiveness still needs to be improved. This study recommends increasing digital supervision, consumer education, and stricter sanctions for violators of regulations so that consumer protection can be more optimal.
REVIEW OF LEGAL CERTAINTY OF ROYALTY COLLECTION ON MUSIC AND/OR SONGS: A COMPARATIVE STUDY OF INDONESIA AND RUSSIA Febrian, Muhammad Naufalurridho; Setyawati, Ria; Noventri, Ardhana; Mahendra, Yusril
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.57

Abstract

Copyright protection is one of the constitutional rights related to intellectual property, including copyrights on music and/or songs. Under the Copyright Law, royalties are recognized as compensation for the use of the economic rights of a creation. This study focuses on performing rights royalties, which require any person using songs and/or music for commercial purposes in public services to pay royalties to the creators through the National Collective Management Organization (LMKN). However, in practice, the collection of royalties remains problematic, particularly regarding the definition of "commercial user." The ambiguity in the Copyright Law and the Government Regulation on Royalties leads to uncertainty in determining whether the singer or the event organizer is responsible for royalty payments, resulting in a shift of responsibility between parties. On the other hand, a court ruling granted the lawsuit of a songwriter against a singer for performing rights in a concert, despite the legal framework suggesting that royalty payments should be made by the commercial user through LMKN. This study uses a normative legal research method with statutory, conceptual, and case approaches to examine the concept of royalty collection in Indonesia and the legal protection for songwriters, while highlighting the need for legal certainty and regulatory clarity. Keywords: [Music and/or Songs, Intellectual Property Rights, Royalties, Copyright, and Legal Certainty]
MEASURING LEGAL PROTECTION FOR VICTIMS OF DISCRIMINATION AGAINST PERSONS WITH DISABILITIES Rahmadhani, Chalista Nadine; Nabila, Avrilia; Aldiyanti, Ira; Mayasari, Dinda; Aditriani, Iffani Fatma; Prehantoro, Puthut
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.58

Abstract

Persons with disabilities in Indonesia still face discrimination in various aspects of life despite the existence of regulations aimed at protecting their rights. Law No. 8/2016 on Persons with Disabilities is present as a legal instrument that specifically regulates the protection of this vulnerable group, but in practice it often overlaps with the provisions in the Criminal Code (KUHP) which are general in nature. The fundamental differences in approaches, definitions of criminal offenses, and legal sanctions between the two regulations lead to norm conflicts that have an impact on legal uncertainty and ineffectiveness of protection for persons with disabilities. This research uses a normative method with a regulatory and conceptual approach to analyze the conflict between Law No. 8/2016 and the Criminal Code in the context of legal protection for victims of discrimination against persons with disabilities. The results show that law enforcement officials more often use the Criminal Code in handling discrimination cases, so that the provisions in Law No. 8 of 2016 are not optimally applied. Therefore, legal harmonization is needed by applying the principle of lex specialis derogat legi generali so that Law No. 8 of 2016 can be the main reference in the protection of persons with disabilities. In addition, increasing the understanding of law enforcement officials and socialization to the community are also important steps to ensure more effective legal protection.
REGULATIONS AND ETHICS OF REPORTING ON PERSONS WITH DISABILITIES IN THE MEDIA: A COMPARATIVE STUDY OF INDONESIA AND INDIA Setiana, Winda Ayu; Maifitri, Hafifah Maifitri; ’Aisyi, Tia Rahadatul; Tiara, Ayudya Soca; Shah, Rahul
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.59

Abstract

Freedom of the press is a fundamental right in a democratic system guaranteed by Law Number 40 of 1999 concerning the Press. However, in some cases, freedom of the press can conflict with the rights of vulnerable groups, such as people with disabilities. This study focuses on a normative analysis related to the dilemma between freedom of the press and protection of the rights of people with disabilities, by referring to the laws and regulations in force in Indonesia. The results of the study indicate that although freedom of the press is guaranteed, there are regulations that govern the ethics of reporting so as not to violate the rights of people with disabilities, as regulated in Law Number 8 of 2016 and the Guidelines for Disability-Friendly Reporting from the Press Council. This study emphasizes the importance of a balance between freedom of the press and protection of the rights of people with disabilities in journalistic practice
PRINCIPLES OF JUSTICE FOR PERSONS WITH DISABILITIES IN THE JUDICIAL PROCESS Salsabila, Alifia Azzahra; Cahyani, Shabrina Areta; Ardesta, Friscellia Rahel; Khoirunnisa, Aulia; Setiani, Adinda Ririn
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.60

Abstract

The implementation of a system with fair principles for all groups, including persons with disabilities, requires full supervision due to their vulnerability to discrimination as victims, perpetrators, or witnesses. Law Number 8 of 2016 concerning Persons with Disabilities serves as the legal foundation for protecting and respecting the rights of persons with disabilities. However, challenges persist in its practical implementation. A case in Sumenep, as reflected in Decision Number 135/Pid.B/2024/PN.Smp, serves as the main focus of this study, emphasizing the application of justice principles for persons with disabilities who often face obstacles, particularly regarding adequate accommodation and accessibility, leading to injustice in the rights they receive .This research employs a normative juridical method with a case study approach and secondary data analysis to identify the principles of justice applied, assess the implementation of existing regulations, and examine the criminal justice system in Indonesia. The findings indicate that discrimination in protecting the rights of persons with disabilities persists due to weak regulations on the types of disabilities victims face and the accommodations provided. Based on this decision, it is imperative to provide training for law enforcement officers to be more assertive in implementing justice for all citizens of Indonesia, including persons with disabilities, as victims, witnesses, or perpetrators of criminal acts. Strengthening protection mechanisms is essential to ensuring tangible justice and creating an inclusive criminal justice system that safeguards their rights.
MEASURING ‘MORE PROTECTION’ FOR DISABLED VICTIMS SEXUAL VIOLENCE: A COMPARISON OF INDONESIAN AND MEXICAN REGULATIONS Ragsanjani, Ruping; Oktafadilla, Alfianissa; Wulandari, Febryka Nada; Nurfadilah, Amelia Ayu; Basyar, Ulqiya Tsabila Lil; Palacios, Samuel
Realism: Law Review Vol. 3 No. 1 (2025): Realism: Law Review
Publisher : Sabtida

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.71250/rlr.v3i1.65

Abstract

Disability is any individual who has physical, sensory, and intellectual limitations that cause obstacles in interacting with their environment. This article discusses the ambiguity in the phrase ‘More Protection’ for victims of sexual violence with disabilities contained in Article 5 paragraph (2) of Law No. 8/2016. This phrase does not have a clear definition, giving rise to vague norms. The purpose of this article is to provide recommendations for improving the vague phrase so that there are no different interpretations. This research uses a normative legal method with a focus on analysing laws and regulations, legal principles, and legal doctrines relating to the protection of persons with disabilities and is linked to Mexico's Ley General para la Inclusión de las Personas con Discapacidad (LGIPD), which is more explicit in describing protection for persons with disabilities. The results of the study explain that the existence of this normative ambiguity has a negative impact on the implementation of the law and protection for persons with disabilities, resulting in interpretation by law enforcement officials, legal uncertainty for victims, and gaps in protection that can lead to discrimination in the justice system.

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