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Articles 85 Documents
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Application Of Electronic Evidence As Extension Of Legal Civil Evidence Divorce Cases In Indonesia Sukmasari, Ameilia; Frederik, Wulanmas; Kalalo, Merry Elisabeth; Soepeno, Muhammad Herro
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.95

Abstract

Electronic evidence serves as a crucial component in civil trials, such as divorce cases, offering comprehensive proof to sway judges and ensure justice and legal certainty for involved parties. Nonetheless, disagreement persists regarding its classification, whether as supplementary or primary evidence, posing significant questions within formal and material law. This study employs normative juridical legal research, which scrutinizes theories, concepts, legal principles, and statutory regulations pertinent to the subject. Under Article 5(1) of the ITE Law, electronic evidence, including electronic information, documents, and their printouts, is recognized as valid legal evidence, extending the scope of admissible evidence in Indonesia. Formal requirements for electronic evidence, or digital evidence, need not be in written form; printouts are considered presumptive or preliminary evidence. However, material requirements stipulate that digital evidence must guarantee authenticity, integrity, and availability, often necessitating testimony from digital forensic experts. This dual nature of electronic evidence highlights its importance and complexity in contemporary legal proceedings, demanding a nuanced understanding and application within the framework of Indonesian law.
Juridical Analysis Of Doctors' Responsibilities For Malpractic Action Fernandez, M. Rizky; Muhibbin, Moh.; Arief, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 3 No. 2 (2023): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v3i2.97

Abstract

This study aims to describe the criminal liability of doctors who commit malpractice acts and to analyze the legal protection for patients who are victims of malpractice in positive law studies in Indonesia. This study uses normative legal research using three types of legal materials related to the responsibility of doctors for malpractice actions, namely primary legal materials, secondary legal materials and tertiary legal materials, with the nature of qualitative descriptive research, types of normative juridical research, statutory and conceptual approaches. The results of the study stated that malpractice is included in the realm of criminal law other than civil and administrative. Doctors can be prosecuted criminally, although the criminal law does not clearly stipulate criminal penalties for malpractice. However, several conventional articles in the Criminal Code implicitly mention provisions regarding malpractice that can be used as a basis for criminal charges. In the Criminal Code, criminal liability for malpractice is contained in Article 90, Article 359, Article 360 ??paragraphs (1) and (2) and Article 361. Those subject to this article include doctors, midwives, medicine experts, who are experts in their work. each. If they ignore the regulations or requirements in their work, causing death (Article 359) or serious injury (Article 360), they will be punished more severely. Legal protection for victims of medical malpractice is regulated in Law no. 29 of 2009 concerning Medical Practice, granting rights to victims to submit complaints to the Chairman of the Indonesian Medical Discipline Honorary Council, as well as simultaneously taking criminal and civil law remedies to court.
Nusyuz and Domestic Violence in the Perspective of Islamic Law and Positive Law Amberi, Mariani; Zakiyah, Zakiyah
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.98

Abstract

Nusyuz, which is textually understood as a wife who does not obey her husband, does not permit her husband when she wants to leave the house and the permissibility of husbands hitting their wives, which is considered legal by the Qur'an as stated in Q.S. An-Nisa: verse 34, improper interpretation, it leads to physical and psychological violence in the household and leads to disharmony and even triggers divorce. All forms of violence against spouses are not legalized in either the positive legal value system or Islamic law.  The purpose of this research is to discover how the concept of nusyuz and alternative solutions to nusyuz are allowed and their handling from the perspective of Islamic law and positive law. This research uses a library research method (normative law), and uses a descriptive analytical research type, and the research results are analyzed qualitatively, by examining existing regulations. Both women and men can commit Nusyuz, a husband can be said to have committed nusyuz if he relinquishes his responsibility towards his wife. Beatings carried out by husbands against nusyuz wives based on surah An Nisa 34, are not freely legalized but only to awaken and return the wife to obedience, not blows that cause pain and even injure. Positive Law contained in Law No. 23 of 2004 concerning Elimination of Domestic Violence is very firm in not allowing beatings and eliminating domestic violence and even criminal sanctions for perpetrators, both husband and wife.
Child Grooming (Technology-Based Sexual Harassment) in the Context of Indonesian Law Mandriyani, Sulvy; Wahyuningtyas, Nanda Tri; Haikal, Muhammad Fikri; Ifrani, Ifrani
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 1 (2024): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i1.100

Abstract

Child grooming is a form of sexual harassment that continues to develop because sexual harassment is often carried out directly by the perpetrator, and is often carried out through social media. The perpetrator manipulates Child Grooming by being kind and attentive so that the child believes that the person he has just met is a good person. In Indonesia, Child Grooming is a new type of crime, and is based on existing regulations. The method used in this study is normative legal research. The approach in the research utilizes a legislative approach. The legal materials used in this study are primary legal materials, secondary legal materials, and tertiary legal materials. In the normative law research that is being carried out, the data collection method is by conducting a bibliographic study. The act of Child Grooming is a form of sexual crime that uses minors as targets. Although the Child Protection Law has regulated the protection of children, the existing articles are still limited in regulating obscene acts in general. And in the regulations in Indonesia there are 10 rules or articles that can be imposed on Child Grooming perpetrators.
Customary Law Perspective: Legal Protection of Children as Crime Victims (Study in Parigi Moutong Regency) Mardin, Nurhayati; Qalbi, Vivi Nur; Abu, Harun Nyak Itam; Kharismawan, Adiguna
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.101

Abstract

This study aims to analyze the implementation of legal protection for child victims of violence and the juridical implications of resolving such cases through customary law mechanisms in Parigi Moutong Regency. Employing an empirical juridical method, the research incorporates a conceptual approach, a case approach, and a statute approach. Data were obtained through surveys, observations, and interviews with relevant stakeholders, and analyzed qualitatively. The findings reveal that legal protection for child victims has been implemented by relevant authorities, including law enforcement and child protection agencies. These efforts involve both formal legal proceedings and non-judicial support such as victim assistance and rehabilitation provided by the Department of Women’s Empowerment, Child Protection, Population Control, and Family Planning. However, the research also highlights the ongoing practice of resolving cases particularly those involving sexual violence through customary law. Such resolutions often contradict national legal standards and principles of children's human rights. The preference for customary mechanisms among local communities and traditional leaders reflects sociocultural norms and the perceived accessibility of informal justice systems. The study underscores the need for policy harmonization between state law and customary practices to ensure the protection and fulfillment of children's rights.
Alternative Environmental Dispute Resolution Based On Local Wisdom Of Banjar Traditional Community Rahmawati, Diana; Tavinayati, Tavinayati
International Journal of Law, Environment, and Natural Resources Vol. 5 No. 1 (2025): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v5i1.103

Abstract

The purpose of this study is first to identify the difficulties of the community as victims in resolving environmental disputes through the courts (litigation) and then to find a pattern of environmental dispute resolution outside the courts that can be applied in accordance with the values ??and local wisdom of the Banjar community. The research method used is normative legal research, namely examining the applicable legal norms related to the resolution of environmental disputes. The results of this study: First, in the Settlement of Environmental Disputes in court (litigation) there are several weaknesses, namely the formality of the court system, proof of the elements contained in Article 1365 BW, the burden of proof is on the plaintiff / victim. In addition, settlement through the Court requires a lot of court costs, a long time, and court decisions are not satisfactory because the settlement is win-lose, less responsive, and no special court for environmental cases has been formed. Nevertheless, Law No. 32/2009 and and Government Regulation Number 54 of 2000 has opened up opportunities for the establishment of an Environmental Dispute Resolution Service Provider Institution outside the courts in the regions. In order to be more effective, a pattern of dispute resolution can be developed which has become a culture or customary law in the Banjar community, namely the "Bedamai culture" as a reflection in efforts to maintain harmonious order in society. The Bedamai institution can be used as an alternative to resolving environmental disputes that are traditional in nature which can be strengthened in Regional Regulation Products.
Rohingya Genocide in the Perspective of International Criminal Law and Global Responsibility Mandriyani, Sulvy
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.104

Abstract

The ethnic diversity in Myanmar is also a cause of conflict between different ethnic groups, especially between the majority and minority ethnic groups in this country. One of the most famous ethnic conflicts and in the world spotlight is the Rohingya ethnic conflict. This type of research is normative legal research. The procedure for collecting legal documents is carried out through literature studies. The nature of the research used in this study uses prescriptive-normative research. The results of the study indicate that there have been crimes against humanity against the Rohingya ethnic group in western Myanmar in the form of slavery, deportation or forced repatriation, sexual violence, and torture so that it can be stated that crimes against humanity against the Rohingya in western Burma are international crimes and are worthy of being called a case of genocide. The actions taken by the Myanmar government are violations of human rights in the Rohingya case, including the crime of genocide and also crimes against humanity. then the non-recognition of the Rohingya ethnic group into the list of ethnic groups in Myanmar is an attempt to eliminate existing ethnic groups.
The Case of Charles Taylor from the Perspective of Individual Criminal Responsibility in Crimes Against Humanity Rasyidah, Nur Aliya
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.107

Abstract

Crimes against humanity are one of the most serious violations of international criminal law, including widespread and systematic acts against civilians, such as murder, sexual slavery and torture. The principle of individual criminal responsibility is applied to ensure that perpetrators, including leaders of a state, can be tried for their actions. The case of Charles Taylor, former President of Liberia, is an important study of how international criminal law prosecutes leaders of states who support crimes against humanity through ad hoc courts. This paper uses a juridical-normative method with a case approach. The results of the study show that the verdict on Charles Taylor confirms the principle that no individual, not even a head of state, is immune from the law. However, the enforcement of international criminal law requires increased cross-country cooperation, strengthening of international judicial institutions, and mechanisms to cut off the funding of armed conflicts, to ensure global justice and human rights protection are better protected.
Legal Protection Instruments and Fulfilment of Children's Rights as Victims of Domestic Violence Within National Regulations in Indonesia Hanafi, Hanafi
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.109

Abstract

Violence against children is a significant social issue in Indonesia, with its incidence continually rising, signaling a concerning trend. The impacts of such violence are not limited to physical harm but also affect children’s psychological and social well-being, influencing their future development. To address this, it is crucial to strengthen efforts in protecting and fulfilling the rights of children who are victims of violence, particularly through legal frameworks. This research employs a normative legal method, focusing on library studies that analyze legal theories and applicable laws and regulations. The approach is based on a statutory method, complemented by a conceptual approach. The study’s findings indicate that the protection of children who are victims of domestic violence is governed by various national legal provisions. These provisions are primarily found in the 1945 Constitution of the Republic of Indonesia, with specific regulations in Law Number 23 of 2002 on Child Protection, later amended by Law Number 35 of 2014, and Law Number 17 of 2016, which enacts the Government Regulation in Lieu of Law Number 1 of 2016, amending Law Number 23 of 2002. This is further supported by Government Regulation Number 78 of 2021, which addresses Special Protection for Children. These legal instruments highlight the state's commitment to upholding human rights and ensuring the protection of children’s rights. However, to optimize their implementation, it is essential to strengthen related institutions and involve multiple stakeholders, including community support.
The Legal Role and Responsibility of Thesis Supervisors About Student Final Project Plagiarism Tsani, Miftah Ulumudin; Sugiyanto, Dedi; Febriyanti, Cantika Aulia; Yulianti, Farah Mutia
International Journal of Law, Environment, and Natural Resources Vol. 4 No. 2 (2024): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v4i2.110

Abstract

The problem of plagiarism in the academic environment is currently one of the problems that must be anticipated, technological developments have 2 conflicting impacts on students and lecturers, technology provides openness to all the information needed so that it can produce something positive if used and utilized properly but on the contrary, it will have a negative impact if misused in making scientific works. So that the Role and Legal Responsibility of Thesis Supervisors Against Plagiarism of Students' Final Assignments is deemed necessary to be studied, in this research article raises the formulation of the problem in the form of how the legal responsibility of the thesis supervisor to students who are proven to have committed plagiarism. The research method used is normative legal research, namely legal research that uses secondary data sources or data obtained through library materials in the form of laws and regulations, books or scientific research results. The results of this study are the responsibility of the thesis supervisor for plagiarism of students' final assignments regulated in the Regulation of the Minister of Education, Culture, Research and Technology Number 53 of 2023 concerning Quality Assurance of Higher Education and Law Number 28 of 2014 concerning Copyright. If a student's final assignment is proven to be plagiarized, legally the thesis supervisor is not held responsible. Still, there is an exception if the final assignment is developed into an article published in a scientific journal and includes the supervisor's name. The lecturer has violated academic integrity and must be held legally responsible in the form of administrative, civil and criminal cases.

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