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Lex Librum : Jurnal Ilmu Hukum
ISSN : -     EISSN : 26219867     DOI : https://doi.org/10.46839/lljih
Published by the Palembang Youth Pledge College of Law (STIHPADA) which aims to be academic media for discussing legal science issues. Contains scientific writing, summaries of research results, book reviews, and ideas. The editorial team invites lecturers, experts, students, practitioners and the public who are interested in expressing their thoughts into scientific writing. Publishing schedule 2 (two) times year in June and December. Submissions must be guided by scientific writing methods and writing instructions as attached.
Articles 13 Documents
Search results for , issue "Vol. 11 No. 1 (2024): Desember" : 13 Documents clear
Pertanggungjawaban Pidana Pelaku Tindak Pidana Pencabulan Terhadap Anak Di Bawah Umur Nugroho, Muhammad Arighi; Lewoleba, Kayus K.
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.477

Abstract

One type of moral crime is molestation, which is committed against adults and often minors. Children who are victims of crimes, whether directly or indirectly, experience various physical and non-physical disturbances. Sexual crimes also often occur in workplaces, offices, or other places where people of different genders communicate with each other, even within families. The increasing trend of sexual crimes against adult women and minors is quite concerning. The method used is normative juridical. This is used to determine how the principles and standards contained in legislation are applied.
Organisasi Advokat Pasca Surat Ketua MA Nomor 73/KMA/HK.01/IX/2015 Alhadi, Muhammad Nurcholis
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.485

Abstract

The division among the lawyer organizations has led them to claim themselves as the leaders of the organization. This division also affects who has the right to appoint and swear in lawyers. The letter from the Chief Justice of the Supreme Court Number 73/KMA/HK.01/IX/2015 has provided a new direction in the management of the advocate organization in Indonesia. This letter reaffirms the principle of non-intervention by the Supreme Court in internal disputes of the law organization while also strengthening the principle of independence in the legal profession. However, the impact has given rise to various interpretations regarding the structure and regulation of the ideal lawyer organization. This research aims to analyze the impact of the letter on the dynamics of the lawyer organization, both from legal, institutional, and professional aspects. Through a juridical-normative approach and analysis of secondary data, this research identifies the challenges and opportunities faced by advocacy organizations following the issuance of the letter. The research findings indicate that this letter encourages lawyer organizations to be more independent in resolving internal conflicts, but on the other hand, it creates doubts about the mechanisms of oversight and professional accountability. Therefore, it is necessary to strengthen regulations that can bridge the interests of the parties to maintain the integrity of the legal profession in Indonesia.
Analisis Efektivitas Kebijakan Anti-Korupsi Di Indonesia: Studi Pada Kasus Penanganan Korupsi Di Sektor Publik Yuningsih, Henny; Munawir, Munawir
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.568

Abstract

Corruption is a major challenge in national development that negatively impacts the economy, political stability, and the welfare of society. This research analyses the effectiveness of anti-corruption policies in Indonesia, particularly in handling corruption cases in the public sector. This study uses a qualitative approach with secondary data analysis, including reports from anti-corruption agencies, legal studies, and government documentation. Anti-corruption policies in Indonesia significantly reduce corrupt practices, but they are not yet fully effective. The main obstacles include weak law enforcement, a lack of competent human resources, and insufficient coordination between the involved agencies. Moreover, the still strong culture of corruption and political influence often hinders the consistent implementation of policies. This research suggests increased transparency, stronger regulations, and deep institutional reforms to make anti-corruption policies more effective. With the synergy between agencies and community support, it is hoped that the efforts to eradicate corruption in Indonesia can increase public trust and create good governance in the public sector.
Teori Hukum Progresif Dalam Melawan Penebangan Liar Di Indonesia Gunawan, Berry
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.576

Abstract

The forestry crisis in Indonesia is multidimensional and triggers complex negative impacts primarily caused by forestry malpractice, especially illegal logging. (illegal logging). Law enforcement efforts are still weak against forest timber logging perpetrators; if there are any, they only stop at the field-level perpetrators. Therefore, the issue that arises is what comprehensive efforts can be made to prevent and eradicate illegal logging. This research attempts to identify and analyze the role of progressive law in addressing the issue of illegal logging. Basically, to stop illegal logging in Indonesia, a comprehensive approach that encompasses various aspects is needed. Progressive law applies the law by considering the normative and sociocultural aspects of society. Full appreciation and accommodation of the value of life and development within society, especially around forest areas, are very important for its operationalization. The multidisciplinary aspect of law enforcement is also very important. The orientation to combat forestry malpractice is another important component.
Analisis Hukum Terhadap Penerapan Hukum Tindak Pidana Pembantuan Dalam Tindak Pidana Korupsi Studi Kasus Putusan MA Nomor: 2166 K/Pid.Sus/2021 Verawaty, Verawaty
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.842

Abstract

Corruption is an extraordinary crime that endangers all aspects of national life. Corruption often exploits assistance as a way for perpetrators to evade punishment. based on Supreme Court Decision Number 2166 K/Pid.Sus/2021. The criminal law aspect is the main subject of this research, particularly concerning the components of assistance, law enforcement, and the considerations judges take when making decisions. This research was conducted using a normative juridical approach that examines legislation, legal doctrine, and court decisions. The research results show that the laws used to assist in the corruption crime in this case meet the elements of assistance regulated in Article 56 of the Criminal Code. However, there are challenges in ensuring substantive justice, especially in considering the role and contribution of the accomplice to the main crime. The focus of this analysis is on the fulfilment of the elements of the crime of aiding, the role of the defendant in the overall corruption crime, and the conformity of the decision with the applicable laws and regulation.
Pembaharuan Undang-Undang Nomor 40 tahun 2007 Tentang Perseroan Terbatas Dalam Rangka Memaksimalkan Program Tanggung Jawab Sosial Lingkungan Hamzah, Rosyidi; Adinda, Fadhel Arjuna; Admiral, Admiral; Taupik, Muhammad; Amin, Muhammad Nur
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.904

Abstract

Article 74 of Law Number 40 of 2007 concerning Limited Liability Companies establishes social and environmental responsibilities for companies operating in or related to natural resources. Companies based on information and technology must also be accompanied by changes in legal norms, especially in the field of implementing environmental social responsibility. According to Law Number 40 of 2007 concerning Limited Liability Companies, only companies whose business activities are related to natural resources or businesses that impact the environment are subject to environmental social responsibility, while IT startups and digital businesses do not disturb natural resources and do not affect the environment. Changes in society are indeed followed by changes in legal norms. The older a law gets, the more weaknesses and shortcomings it will have. Changes in norms governing environmental social responsibility must be adjusted to the current business climate. Environmental Social Responsibility should also be mandated for companies operating in the digital business sector. To maximize environmental social responsibility for large companies operating in the digital business sector, it must be supported by adequate legal norms.
Analisis Tanggung Jawab Hukum Penyelenggara Jasa Telekomunikasi Terhadap Kerahasiaan Data Call Record Pengguna Layanan: Perspektif Hukum Telekomunikasi Meliana, Yang
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.910

Abstract

Protection of personal data, including call records, is one of the important aspects that telecommunications service providers must pay attention to. Law Number 36 of 1999 concerning Telecommunications and its implementing regulations stipulate the obligation of telecommunications service providers to ensure the confidentiality of user data. However, a number of data breach cases have still been found, raising concerns about the effectiveness of the existing regulations. The normative legal method is used in this research. The analysis results indicate that although regulations are in place, the main challenge in protecting call record data lies in the implementation of oversight and law enforcement, which has not yet been optimal. This research recommends strengthening regulations and oversight to enhance the accountability of telecommunications service providers in safeguarding user data confidentiality.
Implementasi Prinsip Hak Asasi Manusia dalam Proses Penyidikan di Indonesia Afriani, Kinaria
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.986

Abstract

The enforcement of Human Rights in the investigation process in Indonesia is a crucial aspect in ensuring that the basic rights of individuals, especially suspects, remain protected during the criminal investigation stage. This article discusses the implementation of Human Rights principles reflected in the Indonesian legal framework, such as Law Number 8 of 1981 on the Criminal Procedure Code (KUHAP) and the Regulation of the Chief of the Indonesian National Police Number 8 of 2009. Although these regulations provide a foundation for the protection of Human Rights, the challenges of implementation on the ground remain significant. The obstacles faced by investigators in applying the principles of Human Rights include a lack of in-depth understanding among law enforcement officials, weak supervision, and limited facilities and infrastructure in various regions. The culture of violence, external pressure, and limited access to legal counsel also serve as hindrances. The importance of strengthening the capacity and awareness of law enforcement officers through training, enhanced supervision, and better coordination to ensure more effective protection of Human Rights in the investigation process.
Upaya Penanggulangan Penganiayaan Terhadap Awak Media Dalam Peliputan Berita Di Era Digital Merita, Enni
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.995

Abstract

In the digital era, the development of mass media and rapid access to information have become important pillars in the dissemination of news. However, along with this progress, the risks faced by media personnel are increasing, including the threat of violence while covering news. This research discusses efforts to combat the abuse of media personnel in carrying out journalistic duties in the digital era. The main focus of this research is the identification of the forms of abuse frequently experienced by journalists, the underlying factors, as well as the preventive and responsive measures taken by authorities, press organizations, and legal institutions. The research findings indicate that enhancing legal protection, educating journalists' rights, and utilizing digital technology for security can be significant steps in reducing the risk of abuse against media personnel.
Pembatalan Putusan Arbitrase Internasional Antara Hukum Indonesia Dan Malaysia Harmonisasinya Dengan Hukum Model Uncitral Sudarna, Sudarna
Lex Librum : Jurnal Ilmu Hukum Vol. 11 No. 1 (2024): Desember
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46839/lljih.v11i1.1001

Abstract

The rapid development of international business can drive good economic growth for a country; on the other hand, the potential for business disputes is also increasing. One of the legal instruments used by subjects of international law is arbitration, whether established by international institutions or states. To conduct international arbitration, it should be under the framework or scheme of international arbitration. The purpose of this research is to compare Indonesian arbitration law with Malaysian arbitration law, which has been adjusted to the framework or scheme of international arbitration. The research results show that Malaysian arbitration law, as regulated in Arbitration Law Number 646 of 2005, is more in line with the international arbitration scheme except in the matter of annulment of international arbitration awards, while Indonesian arbitration law, as regulated in Law Number 30 of 1999, is not yet in line with the international arbitration scheme. Based on this reality, changes are needed to Law Number 30 of 1999, specifically the formation of a law that regulates arbitration and is in line with the framework or scheme of international arbitration.

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