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INDONESIA
Jurnal Penegakan Hukum Indonesia (JPHI)
Published by Scholar Center
ISSN : 28084896     EISSN : 27467406     DOI : https://doi.org/10.51749
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Penegakan Hukum Indonesia (JPHI) (E-ISSN: 2746-7406 P-ISSN: 2808-4896) is a Double Blind Review Scientific Journal first launched in 2020 by Scholar Center under the administration of PT. Borneo Development Project in collaboration with Law office of SAP. JPHI publishes three times a year on February, June and October, provides with open access publication to support the exchange of global knowledge. The submission shall follow the blind peer-reviewed policy which aims to publish new work of the highest caliber across the full range of legal scholarship, which includes but not limited to works in the Philosophy of Law, Theory of Law, Sociology of Law, Socio-Legal Studies, International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedure Law, Business Law, Constitutional Law, Human Rights Law, Civil Procedure Law and Customary Law. All papers submitted to this journal can be written either in English or Indonesian.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 79 Documents
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Hak Cipta Dance Challenge Yang Diunggah Ke Aplikasi TikTok M. Febry Saputra
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i1.16

Abstract

The problems studied in this research are to find out, first, how the legal protection system for Dance Challenge video owners uploaded to the TikTok application. Second, how to prove Copyright owner for Dance Challenge video uploaders on the TikTok application. The method used in this paper is the normativelegal research, which is literature law research which refers to the legal norms contained in statutory regulations by examining problems using literature either law, doctrine,or books and using the method of statutory approach. The results of the study conclude that users who create Dance Challenge video content on the TikTok application are seen as creators and have been protected as copyright holders for their cinematographic works, adhering to Law Number 28 of 2014 concerning Copyright. If the Dance Challenge video content on the TikTok application is uploaded by another party with the intention of commercial use without the rights and / or permission of the creator or copyright holder, the perpetrator can be charged with criminal penalties as regulated in Law Number 28 of 2014 concerning Copyright. There is nothing different in the process, the procedure for filing acopyright infringement lawsuit related to the Dance Challenge video on the TikTok application, whether it has been registered at the Directorate General of Intellectual Property Rights or that has not been registered and resolved through Arbitration or Commercial Court.
Perkawinan Adat Suku Dayak Meratus Di Kalimantan Selatan Fathul Achmadi Abby; Ifrani Ifrani; Muhammad Topan
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i1.17

Abstract

This research is aimto study, the customary marriage law of indigenous people of the Dayak Kotabaru Regency, South Kalimantan.Second, the marriage law based on the Dayak Customs of the Kotabaru Regency of South Kalimantan comparedto studies and teachings of the Customary Law? The research method used in this study is the socio-legal legal research. Theresearchis not only limited to examining the law as a series of norms or statutory rules related to customary law of Dayak, but also examining the living law. Such legal research can also be called a sociological juridical research method. The results ofthe research show that first, there are two concepts of marriage relations in the Dayak customary tribe, first there is marriage based on the sacred bond of marriage (legal marriage) and secondly is 'palas', which is a relationship that appears without a legalmarriage bond and can even be considered adultery. Second, the legal norms of Dayak customary marriage are based on the principles of customary law, namely the principle of harmony, the principle of decency and the principle of linearity.
Penerapan Rehabilitasi Medis Dan Rehabilitasi Sosial Terhadap Korban Penyalahgunaan Narkotika Ditinjau Dari Teori Pemidanaan Relatif Sutarto Sutarto
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i1.18

Abstract

Illegal narcotics has spread to all levels of society. Many people admit that the circulation and abuse of narcotics is a very dangerous threat to the younger generation. The purpose of this research is to study and analyze how the application of rehabilitation in addiction healing for drug addicts, given the difficulty of victims or drug users to be separated from drug dependence individually.  Drug users or addicts on the one hand are perpetrators of criminal acts, but on the other hand are victims (crime with out victims).  Rehabilitation of drug addicts is a form of social protection that integrates drug addicts into social order so that they no longer use drugs. Th e method used in this research is pure l egal research (normative) .  The results of this study are that medical rehabilitation and social rehabilitationboth partially and collectively have a positive effect on victims of narcotics abuse.
Analisis Yuridis Hak Ex Officio Hakim Dalam Perkara Cerai Gugat : (Studi Kasus Putusan Pengadilan Agama Martapura Nomor 318/Pdt.G/2020/PA.Mtp) Ahmad Syarif Fuadi; Dadin Eka Saputra; Munajah Munajah
Jurnal Penegakan Hukum Indonesia Vol. 1 No. 1 (2020): Edisi Oktober 2020
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v1i1.21

Abstract

Article 41 the law number 1 of 1974 aboutthe marriages set due to a divorce followed accordingly good cerai talak and divorce And cerai gugat.Article 149 compilation of laws the faith in its specially regulate about the consequences law divorce initiated by husbands (divorce).Based on article 149 a compilation of islamic law are mostly the judges are not punish husband to give waiting period then divorce and a living. However, in the verdict of case no. 318/Pdt.G/2020/PA. Mtp, The Panel of Judges adjudicates the verdict of the divorce case usinghis ex officio rights But in number do 318 / pdt.g / 2020 / pa.mtp, the judge in judge cerai gugat do the right use his ex officio to a defendant and to punish to pay a living waiting period and then divorce even though the plaintiff ( the wife ) do not ask this and the defendantnever attended the trial.This paper aims to find out how the judge considers the giving of mutah and iddah living in the divorce case and know how the juridical analysis of the verdict of the case. Methodology to be used that isnormative juridical to the doctrines of law with the approach statutory and conceptual approach then were analysed qualitatively juridical so as to give the answer on the matter.As for the result of analisanya among other: 1 ) the application of the right ex officio judge by punishing husband to pay then divorce and a living to former wife about the matters of 318 / pdt.g / 2020 / pa.mtp have been in line based on theprovisions of article 41 letters ( c of law no. 11/1974 jo article 149 letter a compilation of islamic law nevertheless the judge handed down the verdict exceeding what was demanded so as to deviate the provisions stipulated in Article 178 paragraph (3) HIR / Article 189paragraph (3) RBg and violates the principle of ultra petita. 2) The dropping of amar verdict with the charges against the defendantto pay a living waiting period, and a living children then divorce of incurring liability to the defendant a living waiting period, and a living children then divorce of incurring liability to the defendant should consider the presence of an ex-husband and the ability of a decent life and needs of the defendant as the principle of the audi alteram partem in article 4, clause 1 ) of law number 48 of 2009 about judicial power; So that is serving australians a judgment of not can be exercised (illusoir).
Implementasi Sistem Verifikasi Wajah Untuk Mengatasi Penyalahgunaan Akun Driver Gojek Muhammad Salman Alfarisi
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i1.22

Abstract

Illegalnarcotics has spread to all levels of society. Many people admit that the circulation and abuse of narcotics is a very dangerous threat to the younger generation. The purpose of this research is to study and analyze how the application of rehabilitationin addiction healing for drug addicts, given the difficulty of victims or drug users to be separated from drug dependence individually.  Drug users or addicts on the one hand are perpetrators of criminal acts, but on the other hand are victims (crime without victims).  Rehabilitation of drug addicts is a form of social protection that integrates drug addicts into social order so that they no longer use drugs.The method used in this researchis pure legal research (normative).  The results of this study are that medical rehabilitation and social rehabilitationboth partially and collectively have a positive effect on victims of narcotics abuse.
Perlindungan Hukum Terhadap Pekerja Anak (Child Labor) Di Indonesia Nadila Oktavianti; Nahdhah Nahdhah
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 1 (2021): Edisi Februari 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i1.29

Abstract

This study aims to determine the protection of child laborers in Indonesia, especially the rules protecting child labor. The research method used is legal research with a statute approach (statutory approach) which is analyzed by normative analysis. Children are prohibited from working in order to guarantee protection for working children. Various laws and regulations have been issued, which in principle prohibit children from working and if they are forced to work, then normatively these children must obtain adequate legal protection guarantees. Right to get education (Article 9 of Law Number 35 Year 2014), Right to get occupational safety and health (Article 74). Exploitation of children is also inseparable from other legal instruments, namely Law Number 23 of 2002 concerning Child Protection. Basically, every child, while in the care of a parent, guardian, or any other party responsible for care, has the right to receive protection from treatment, one of which is protection from exploitation, both economic and sexual. Thus, among others, what is regulated in Article 13 paragraph (1) letter b of the Child Protection Law. It is further regulated in Article 76I of Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection (“Law 35/2014”), it is stipulated that every person is prohibited from placing, allowing, doing, ordering to do, or participate in exploiting children economically. The sanctions for violations of Article 76 I are regulated in Article 88 of Law 35/2014, namely the offender is sentenced to imprisonment for a maximum of 10 (ten) years and / or a maximum fine of Rp.200,000,000.00 (two hundred million rupiah). Thus, it means that employers and parents who employ children in the world with the aim of being exploited economically are punishable under Article 88 of Law 35/2014. The results showed that child laborers have received sufficient protection from the laws and regulations in Indonesia. This protection is at the level of basic state laws (contitutions) and laws, as well as in derivative regulations issued by the central government, ministers and local governments.
Putusan Praperadilan Yang Menyimpang Secara Fundamental AMIR GIRI MURYAWAN
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 2 (2021): Edisi Juni 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i2.30

Abstract

Pretrial hearing is designed for a simple issue, no more than to control administrative proceedings of criminal enforcement. This can be seen from the simplicity of the pretrial hearing concept in Article 77 of the Criminal Procedure Code. Demands for justice for suspects/defendant led to developments in the pretrial system. However, these developments have a negative side, resulting in idealized norms being modified in such a way as to meet sociological interests, which are not necessarily in line with their philosophical and juridical aspects. The most visible impact is that the Judicial Review against Article 77 of the Criminal Procedure Code results in broading the object of pretrial hearing that has serious implications for the procedure law. The problem in this research is whether the decision of pretrial in assessing the core issue of the case includes "pretrial decisions that are considered fundamentally deviant"? This type of legal research is a normative with a prescriptive nature that re-testing vague of norms against legal theory. The results of the research are the decision of pretrial hearings that assess the core issue of the case is fundamentally deviant, because pretrial hearing only have the authority to "examine" and "decide" meaning that they can only move within the scope / realm of administration only. It is different when a judge is given the authority to "adjudicate", then the court will be allowed to examine the subject matter of the case.
Reka Ulang Sebagai Alat Bukti Surat Oleh Penuntut Umum Dalam Perkara Pidana Berdasarkan Prinsip Due Process Of Law Akhmad Zubairy
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 2 (2021): Edisi Juni 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i2.34

Abstract

The purpose of this study is to discuss the urgency of re-enactment as evidence in evidence by the public prosecutor at trial and to find out whether the re-enactment reflects the principle of due process of law ? The research method used in this study is a normative research method. the results of the study can be drawn several conclusions. First, the urgency of re-enactment as evidence in evidence by the public prosecutor at trial is to give confidence to the panel of judges against the criminal events committed by the defendant. The public prosecutor tries so that the judge does not experience any more hesitation in deciding the case by representing a criminal event that actually occurred before the trial through a re-enactment mechanism. Second, the redesign has not fully reflected the principle of due process of law in general, but has not been able to fully accommodate it. This is because the regulations regarding reconstruction are still not clearly regulated, as well as which parties can follow suit. 
Tinjauan Yuridis Lembaga Penahanan Terhadap Pelaksanaan Perintah Penahanan Hakim Yang Terdapat Dalam Putusan Pengadilan M. Ali Said Kurniawan Said
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 2 (2021): Edisi Juni 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i2.35

Abstract

The purpose of this study is to find out first, how the arrangements of detention institutions to ensure legal certainty on the implementation of the judge's detention order (Ordering the defendant to be detained immediately) contained in the Court's decision. Second, to find out the juridical implications for the defendant and the Public Prosecutor on the implementation of the judge's detention order contained in the Court's decision. The method used in this research is a normative juridical research method. The results of the study said that in the public interest detention can be done with strict conditions. Therefore, the detention made against the defendant is limited by the rights of the suspect/defendant and the legislation is carried out in a limitative manner in accordance with the provisions of the Criminal Code. The implementation of the judge's detention authority in judicial practice there is ambiguity of legal norms because it is not regulated in the Criminal Code on the rules of judge's detention authority after the verdict is pronounced by the judge so that it gives rise to different interpretations from the point of view of the Public Prosecutor and Defendant's Legal Adviser. The judge's detention order is in accordance with the Instructions from the Attorney General of the Republic of Indonesia in his letter Number: R-89/EP/Ejp/05/2002 dated 06 May 2002 states: if there is an order to detain the defendant contained in the decision, then the Public Prosecutor must immediately execute it , although the decision does not yet have permanent legal force, because the implementation of the detention of the defendant carried out by the Public Prosecutor does not execute the court's decision, but merely executes the Judge's order contained in the verdict, as referred to in article 197 paragraph (1) letter k KUHAP.
Penerapan Private Enforcement Dalam Penegakan Hukum Persaiangan Usaha Di Indonesia, Amerika Serikat Dan Uni Eropa Muhammad Alim Kurniawan; Siti Anisah
Jurnal Penegakan Hukum Indonesia Vol. 2 No. 2 (2021): Edisi Juni 2021
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/jphi.v2i2.36

Abstract

The study, entitled "the Application of Private Enforcement in Competition Law Enforcement in Indonesia, United State of America and European Union" raises two problem formulations, namely: how is the provision and application of private enforcement of competition law in the United States of America and European Union, and how is the provision and application of private enforcement of competition law in Indonesia? This research is a normative or doctrinal legal research, which describes, explains and analyzes legal materials that refer to the laws and regulations in Indonesia, the United States of America and European Union. Analysis of legal materials uses a qualitative descriptive approach, which is carried out by collecting legal materials, qualifying them, connecting theories related to research problems, drawing conclusions to determine the results and recommendations. The results of this study indicate that the occurrence of business competition law vacuum in Indonesia is related to the implementation of private enforcement of competition law. Thus, the authors explain the conditions and application of private enforcement of business competition law in effect in the United States of America and the European Union as well as alternatives that can be used in terms of implementing private enforcement of competition law in Indonesia based on legal principles in force in Indonesia.

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