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INDONESIA
Consensus : Jurnal Ilmu Hukum
ISSN : -     EISSN : 29622395     DOI : https://doi.org/10.46839/consensus
Diterbitkan oleh Sekolah Tinggi Ilmu Hukum Sumpah Pemuda (STIHPADA) Palembang berisikan tulisan ilmiah, hasil pembahasan penelitian, pembahasan buku dan pendapat yang mendukung. Artikel Hukum yang dipublikasikan pada jurnal ini merupakan hasil karya ilmiah mahasiswa dan dosen yang telah memenuhi Pedoman Penulisan bagi Penulis (Author Guidelines) yang telah ditentukan oleh Consensus : Jurnal Ilmu Hukum. Semua artikel yang dikirimkan oleh penulis dan dipublikasikan dalam jurnal ini ditelaah melalui peer revie process. Jadwal penerbitan setahun 4 (empat) kali pada bulan Februari, Mei, Agustus, dan November. Tulisan yang dikirim harus berpedoman pada metode penulisan ilmiah dan petunjuk penulisan sebagai terlampir. Isi konten tulisan tanggung jawab sepenuhnya penulis. Redaksi tidak bertanggung jawab terhadap isi konten tulisan.
Articles 52 Documents
Upaya Penanggulangan Kasus Catcalling Di Lingkungan Perguruan Tinggi Liza Deshaini; M. Tedi Setia Darma; Ferdie Agusaputra; Nova Rendi; Apriliadi
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 3 (2025)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Catcalling in higher education is a problem that disrupts the comfort and safety of the academic community, especially for women. This study aims to analyze efforts to overcome catcalling through a normative approach by examining applicable regulations, campus policies, and the role of educational institutions in creating a safe environment. The research method used is normative legal research with the approach of legislation and literature study. The results show that catcalling prevention requires a combination of strict policies, education about sexual harassment, and active involvement of all campus elements in creating a culture of mutual respect. With a clear reporting mechanism and strict sanctions, it is hoped that catcalling cases can be minimized so as to create a safer and more inclusive campus environment.
Asas Strict Liability sebagai Instrumen Penegakan Hukum dalam Kasus Kebakaran Hutan dan Lahan Putusan Nomor 234/PDT.G/LH/2016/PN PLG Zulkipli; Windi Arista; Luil Maknun
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
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Abstract

In terms of environmental protection, including in cases of forest and land fires, the principle of strict liability provides a strong legal basis for law enforcement against those who cause environmental damage without the need to prove that they acted with fault or malicious intent. This is important considering the ecological, social, and economic impacts caused by forest and land fires. Forests are very important for national and international life. About two-thirds of Indonesia's 191 million hectares of land is covered by forests with diverse ecosystems, ranging from lowland tropical forests and montane tropical forests to peat swamps, freshwater swamps, and mangrove forests. (mangrove). In cases of strict liability, the plaintiff only needs to prove the existence of harm and the causal relationship between the actions of the defendant and the legal efforts to prevent forest and land fires.
Hak Waris Anak Adopsi Menurut Kompilasi Hukum Islam Yudhi Praneto; Dhio Dhani Sineba; Ifransyah Okta Irawan; Andre Kurniawan; Rozeino Saputra
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Islamic law regarding the inheritance distribution for adopted children is an important legal knowledge for Muslim families. This includes determining who will be the heirs, the share of each heir, and identifying the estate and inheritance of the deceased. An adopted child can bequeath a portion of their adoptive parents' estate, but not more than three-quarters of their wealth, according to Islamic law. This writing uses normative legal research. The Constitution of Islamic Law does not recognize the position of an adopted child concerning the inheritance of the adoptive parents' assets because there is no blood relationship between the adopted child and the adoptive parents. In Islamic law, the religious court that establishes the adoption of a child does not sever the child's lineage connection with their biological parents. Adopted children are not considered biological children and do not have the same rights and responsibilities as biological children.
Analisis Yuridis mengenai Prosedur dan Fungsi Hakim dalam Kasus Pidana Anak Thoiman Nirwan
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Unlike adults, children are legal subjects in the criminal justice system and are entitled to specialtreatment. This complies with the principles of child protection contained in various internationalconventions, such as the UN Convention on the Rights of the Child, and domestic regulations, suchas Law Number 11 of 2012 on the Juvenile Justice System. The judge plays a very important role inhandling juvenile criminal cases in this situation. If a judge can provide balanced justice betweenthe interests of the child and society, it is important to thoroughly understand the procedures andfunctions of the judge in this case. This type of research is empirical legal research (sociological)that is descriptive in nature (describing) and does not aim to test hypotheses. This type of researchaligns with the objective of exploring legal principles, particularly those related to the duties andfunctions of judges in juvenile criminal trials and the rights of children in juvenile criminal cases.
Analysis Of The Influence Of Artificial Intelligence Deepfakes From The Perspective Of Legal Science Inka Verandera Nugraha
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
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Abstract

In its urgency, AI itself has developed rapidly with the aim of facilitating the acquisition of information by humans in a more expeditious and succinct manner. However, the creation of a system entails a duality of positive and negative consequences. The benefits of AI include the potential to streamline human workflows, provide assistance, and address queries. However, as with any technology, there are also risks and challenges. One such challenge is the emergence of deepfake, a phenomenon where artificial intelligence is used to create realistic fake videos. Deepfake is a video that employs artificial intelligence to portray a person saying and doing things that did not occur in real life. To illustrate, a face swap can be performed in a way that leaves minimal evidence of manipulation on the video. Accordingly, the author investigates the potential for leveraging existing legal frameworks to hold perpetrators of deepfake criminally liable. The research method employed is the normative legal research method. This involves the collection and discussion of positive legal rules in Indonesia and the European Union as a source of primary legal material, as well as related literature as a source of secondary legal material. The results demonstrate that, given that deepfake is an AI that uses electronic data or information, the PDP Law and GDPR are pertinent to the examination of regulations pertaining to the prohibition of AI manipulation for the purpose of misinformation, disinformation, or fraud and the creation of fake news in the cyber world.
Cybercrime Regulations In Indonesia Haura Adietyana
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

In today's world, technology is getting better. Computers, AI, and robots are getting more advanced. It makes things easier for people. People can shop, bank, send emails, study, and more online. Some people use technology to commit crimes. Cyber crime includes unauthorized access to computer systems, illegal content, data forgery, cyber espionage, cyber sabotage, infringement of privacy, carding, phishing, defacing, and cyber talking.
Isu Hukum Lingkungan Internasional Mengenai Gerakan Ecofeminisme Di Afrika Putri Difa Zhafirah
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 2 (2024)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Ecofeminism is a movement about the relationship between the exploitation and degradation of nature and the subordination and oppression of women. One of these movements began with global environmental issues that occurred in the Lake Chad region, in Africa. Where the lake borders Chad, Nigeria, Niger, and Cameroon. So, the four countries are really affected, along with the countries that are connected to them. In the Lake Chad region, it is there that women have to travel long distances to get water for their basic needs. But in the midst of their work in traveling long distances to Lake Chad, they were sexually assaulted. This can affect their right to education because they have to drop out of school to meet the needs of their families. All of these issues are related to women's rights in environmental instability. Therefore, the ecofeminist movement approach is very necessary, along with effective environmental law in addressing the issue.
Analisis Peran Jaksa Dalam Upaya Memulihkan Kerugian Negara Dari Kasus Korupsi Ramadhan, Muhammad Hariyo; Pratama, Aldino Gilang; Darsono; Nasharudin; Hery Hernawan
Consensus : Jurnal Ilmu Hukum Vol. 1 No. 1 (2022)
Publisher : Sekolah Tinggi Ilmu Hukum Sumpah Pemuda

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Abstract

Because corruption is inherent in human beings as morals or morals, it is difficult to change this culture. A plan is needed to identify and address the factors driving corruption crimes. Everyone has to build good morals in themselves to deal with corruption. By violating the social and economic rights of the people, corruption has grown into an extraordinary crime. Therefore, the attempt to exterminate him should be prosecuted "in extraordinary ways" rather than "as usual". Normative Yuridis is used in this study. authority to reimburse the state's financial losses caused by corrupt criminal acts; in addition, the prosecutor also has the power to take assets derived from corrupt crime. Prosecutors should be more careful and thorough in their investigation or arrest than the Anti-Corruption Commission. The amount of funds needed to repair the state's financial losses caused by corruption must be increased. In addition, the assets held by the perpetrators must be seized, confiscated, or auctioned in exchange for the economic losses of the state. To protect damaged assets from corruption, the Asset Seizure Act must be enacted.
Penerapan Pasal 34 Ayat (1) Kitab Undang-Undang Hukum Acara Pidana Dalam Hubungannya Penggeledahan Tanpa Izin Fandiwinata; Dahnial Jaka Aditia; Ryan Martha Wijaya; Deontino Syaputra; Iin Syaifia Putri
Consensus : Jurnal Ilmu Hukum Vol. 3 No. 1 (2024)
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Abstract

A search is an action by investigators that is permitted by law to enter and examine a person's body and clothing or the home where they reside. In addition to conducting inspections, they can also carry out arrests and seizures at the same time. The research method used in this paper is normative or doctrinal legal research. The data source used in this research is legal materials that have been studied and analyzed. With the permission of the Chief of the District Court, the search can be conducted immediately.
Perlindungan Hukum Konsumen Pengguna Air Minum Isi Ulang Yang Tidak Memenuhi Standar Kualitas Permenkes RI Nomor 492/MENKES/PER/IV/2010 Tentang Pesyaratan Kualitas Air Minum M. Bram Kurniawan; Syahputra, Bagus Fariza Pratama; Rajali; Heru Pratama; Arbi Yanto
Consensus : Jurnal Ilmu Hukum Vol. 1 No. 1 (2022)
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Abstract

Drinking water is very much needed by humans for daily needs, such as washing, bathing, and drinking. In addition, drinking water must be clean and healthy, and other requirements for making drinking water must be met. Unclean refilled drinking water can cause diseases such as cholera, malaria, and diarrhea. Companies that provide consumers with refilled drinking water must be responsible for the losses of their consumers. In this case, normative legal research is used. The results of the study show that laws, government regulations, or product quality standards can provide legal protection to consumers. It is very important to ensure that regulations and standards are implemented properly.