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Jurnal Hukum dan Sosial Politik
Published by International Forum of Researchers and Lecturers
ISSN : 29864445     EISSN : 29863287     DOI : 10.59581
Core Subject :
Jurnal Hukum dan Sosial Politik dengan e-ISSN : 2986-3287, p-ISSN : 2986-4445 adalah jurnal yang ditujukan untuk publikasi artikel ilmiah yang diterbitkan oleh International Forum of Researchers and Lecturers. Jurnal ini memuat kajian-kajian di bidang ilmu hukum dan Sosial Politik baik secara teoritik maupun empirik. Fokus jurnal ini tentang kajian-kajian hukum perdata, hukum pidana, hukum tata negara, hukum internasional, hukum acara dan hukum adat, politik dan ilmu sosial. Jurnal ini terbit 1 tahun 4 kali (Februari, Mei, Agustus dan November).
Arjuna Subject : -
Articles 268 Documents
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Urgensi Perlindungan Hak Cipta Atas Lagu Yang Diunggah Tanpa Izin di Media Sosial Ahmad Aqil Dzakki Bintang Kurniawan; Aaron Yaman Ardiantra; Fadhillah Amirul Ikhsan
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3451

Abstract

Copyright is the legal right that inherently belongs to the creator of a work once it is expressed in a tangible form, and it cannot be limited unless specified by the law. Music and songs are forms of intellectual property that should be registered with the Directorate General of Intellectual Property (DJKI). Song copyright is a legal privilege that musicians can get by creating a piece of art in the form of music and songs. Songs are a form of intellectual property that is safeguarded under Law Number 28 of 2014. With the advancement of highly advanced technology, it becomes more convenient for individuals to enjoy songs or music through an application. Nevertheless, several cover versions continue to be posted without obtaining consent from the original creator. This text seeks to determine if a creator, whose song has been uploaded by a third party, is entitled to legal protection. Additionally, it intends to explore the legal ramifications for individuals who upload a song without the author's consent. The author employs normative research methodologies in this study, analyzing legal resources such as statutory rules, legal theory provisions, and expert opinions. According to Article 5 and Article 9 of Law Number 28 of 2014 about Copyright, creators are granted legal protection for music that are uploaded by third parties, regardless of the medium used to announce the song. This protection applies universally, regardless of location.
Peran Hukum Lingkungan Dalam Upaya Menjaga Sumberdaya Alam Demi Keberlangsungan Hidup Manusia Ika Yanuar Margiyanti; Irwan Triadi
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3455

Abstract

The environment is a natural resource that brings great benefits to the survival of society. Problems regarding the environment are currently quite complex problems to discuss considering that the current natural conditions are not getting better, but it can be said that the current natural conditions are getting worse. So the environment currently really needs special attention to continue to be well looked after and preserved. The research method used is normative research or library research, meaning that this research is based on library sources to discuss the problems that have been formulated. This normative research is a process of finding legal rules to answer the legal issues faced. This research uses primary legal materials as main data, secondary legal materials as supporting and complementary data, and testier legal materials as explanatory data from primary and secondary legal materials. Currently, the main spearhead of environmental problems comes from public awareness of environmental sustainability so that if a sense of awareness arises in a person it will create a feeling of protecting, preserving and utilizing the environment wisely. So regulations are needed that can regulate the environment to overcome this problem. Law Number 32 of 2009 concerning Environmental Protection and Management is expected to become a regulation that not only regulates the environment but can address various current environmental problems.
Regulasi Penerapan Euthanasia di Indonesia dalam Perspektif Hak Asasi Manusia Ayuning Tyas Azis Putri; Moh. Zeinudin
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3462

Abstract

Humans must go through life events, including babies, children, teenagers, adults, the elderly and death. Death itself is a process that is greatly feared by humans. However, in the development of technology and science in the medical world, death does not come suddenly, death itself can occur with a plan, this action, namely killing in a predictable place and time, is called euthanasia, which is a killing process that is still controversial today. and has not been resolved properly by several parties. The aim of this research is: 1) To identify regulations for implementing euthanasia from a human rights perspective. 2). To identify the application of euthanasia in positive law in Indonesia. This research methodology uses normative juridical which includes primary, secondary and tertiary legal materials. The results of the research state that euthanasia regulations from a human rights perspective in Indonesian society believe that euthanasia is a practice that ignores a person's right to life and is not permitted, but the implementation of euthanasia already exists, which is called passive euthanasia, one of which is the act of doctors sending their patients home on the grounds that there is no treatment or desire. to recover still deserves to be punished if Indonesian law still prohibits euthanasia. However, this behavior does not violate the law, and often occurs in our society
Perlindungan Hak Asasi Manusia kepada Masyarakat Adat Papua kaitannya dengan keterlibatan pengelolan SDA Nouval Dwi Bhara Daksa; Astrid Calista Saraswati Sejahtera; Devi Vanessa Armi Putri; Aida Jihannisa Haidar; Zakia Sofi Salsa Bela Laili
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3463

Abstract

Human Rights are standards to recognise and protect the dignity of all people. Human Rights regulate the coexistence of individuals and each other in society, their relationship with the state, and the obligations of the state towards individuals. In this context, the protection of human rights for indigenous Papuans is very important. The involvement of natural resource management in the protection of human rights is very significant, because natural resource management can have a direct impact on the welfare of indigenous peoples. In this study, we will examine how human rights protection for indigenous Papuans is related to the involvement of natural resource management. The results of this study show that the protection of human rights of indigenous Papuans can be improved through custom-based natural resource management and respect for the rights of indigenous peoples. Therefore, there needs to be greater attention to the protection of human rights and custom-based natural resource management in an effort to improve the welfare of indigenous Papuans.
Partisipasi ASN Dalam Penerapan Asas Netralitas Terhadap Pemilihan Umum Anang Setiyawan; Rido Pramono
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3478

Abstract

The neutrality of ASN in elections is something that the government needs to pay attention to and supervise. Because the principle of neutrality is an obligation for ASN to be implemented properly and correctly. From the election moment in the previous period, it is evident that there is a need for reaffirmation both in the form of regulations and supervision. Bawaslu has the duty and authority to prevent and take action against ASN who commit neutrality violations. So this research uses the Normative Juridical Method whose approach uses a statutory approach. The aim of this research is to find out the legal basis that regulates ASN neutrality in elections and how Bawaslu will act in dealing with violations of ASN neutrality in elections.
Minimnya Pemeberian Ruang Partisipan serta Transparansi oleh DPR Kepada Rakyat dalam Pembuatan Undang-Undang Dania Maulinda; Tarisa Dinar Alifia; Syahrul Rizqi Ramadhan; Ulfa Kurnia Sari; Monica Maharani Dewi; Alfian Respamuji
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3497

Abstract

The principle of transparency is one of the important elements that must be present in the formation of laws. With this open principle, the public will know how the law works from planning to the stipulation stage to ratification. As the purpose of the formation of the law itself is to improve the welfare of society, community participation is very necessary so that the laws enacted provide benefits and justice for them. The legislative institution, like the DPR, must be the people's representative in obtaining justice. However, the reality so far is that the community feels that the making of this law is far from the aspirations of the people, the community feels that the government authorities, in this case the DPR, DPRD and the government as the law-forming authorities, are considered to be lacking in implementing the principle of transparency and tend to take advantage of the government. Alone. This research is normative legal research. The main focus of this research is on applicable legal norms, such as the constitution, codification, government regulations, presidential regulations, and others.
Analisis Yuridis Pertimbangan Hakim Terhadap Perkara Wanprestasi : (Studi Kasus 219/Pdt.GS/2023/PN Pti) Syahrul Rizqi Ramadhan; Dania Maulinda; Ulfa Kurnia Sari; Suwandoko Suwandoko
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3500

Abstract

Issues regarding non-performance of an agreement can be resolved in two ways, namely outside court and through court. The Pati Court is one of the courts that handles many default resolutions, in terms of settlement through the courts. The judge's consideration is an important component in determining the fate of both parties, namely the plaintiff and defendant, who in terms of the agreement are creditor and debtor. We can see the judge's considerations in the case of default in case number 219/Pdt.GS/2023/PN.Pti. The aim of this research is to find out how considerations are taken to decide a case of tort and how the proof of the elements of tort is fulfilled. The research method used is a normative juridical method with a statutory approach, norms contained in regulations regarding agreements and a case approach. The results of the research show that, according to article 1320 of the Civil Code, the legal conditions for an agreement are agreement, competence, certain objects or things, and cause or lawful reasons, and it is stated in article 1238 of the Civil Code that a person is considered to be in default when he is negligent and does not carry out his obligations until after the time limit specified in the agreement he has agreed to. The judge's considerations in deciding case number 219/Pdt.GS/2023/PN Pti. is appropriate because based on the written evidence attached by the Plaintiff at the trial, then according to the evidence attached the Defendant is declared guilty or in default.
Penegakan Hukum Bagi Pelaku Cover Lagu Tanpa Seizin Pencipta Lagu Cinta Annata Nurhan; Monica Maharani Dewi; Dania Maulinda; Tarisa Dinar Alifia; Syahrul Rizqi Ramadhan
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3501

Abstract

Technology that is increasingly developing every time makes everyone can easily create works and can create songs easily. However, there are also musicians who commit violations by covering other people's songs without the permission of the creator. The results of the song cover are uploaded through the social media of the song cover owner as if they created the song. In this research the author formulates problems regarding law enforcement for the perpetrators of song covers without the author's permission. The author formulates the first regarding how the policy regarding the perpetrators of song covers on social media platforms without the permission of the songwriter? And secondly, does the policy accommodate and have legal consequences for café singers and social media singers? The method used by the author is normative legal research. The data collection uses data from primary legal materials The legal norms that apply in the national realm are written positive legal norms such as Law No. 28 of 2014 concerning Copyright and also books related to the theme of the writing. Policies on song covers on social media platforms without the author's permission vary depending on the copyright law in each country and the platform's policies. However, in general, song covers usually need to obtain permission from the song's copyright holder before they can broadcast or share their version. Some social media platforms have implemented systems that allow songwriters or copyright holders to claim content that uses their work. This means that cafe singers or social media singers may need to obtain permission or a license from the copyright holder before they can broadcast or share their version of a cover song. Cafe singers or social media singers should be aware of the copyright regulations that apply in their region and strive to comply with existing policies or obtain permission where necessary to ensure legal compliance and respect the rights of copyright holders.
Yurisdiksi Penegakan Hukum Tindak Pidana Cybercrime di Indonesia Pasca Reformasi Devi Vanessa Armi Putri; Khanza Aoera Dievana
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3508

Abstract

The purpose of this article is to examine the criminal hoax law in Indonesia and the gaps in the state’s efforts to combat criminal hoaxes. Hoax news refers and points to a situation that is currently being discussed, the more people are triggered, the more aggressively the news is spread. In order to overcome the problem of cybercrime that is growing rapidly in Indonesia, the government made a legislation that specifically regulates cyberlaw which is realized in Law Number 11 of 2008 concerning Electronic Information and Transactions Law. “Law No. 11 of 2008” is one of the efforts to overcome cybercrime juridically and emperically, even though “ Law No. 11 of 2008” does not only discuss the issue of obscene or pornographic sites, buat also regulates the rules of electronic transactions which are the legal umbrella in cyberlaw rules in Indonesia. The conclusion of this research is thatm normatively, hoaxes are different from criticism and the restrictions on hoaxes in the Criminal Code and ITE Law are explicit. Since criticism is an important component of democratic life, ending democracy also means ending the practice of criticsm. The political aspects that control the structure of the Indonesian state make it difficult for the law to operate in an orderly fashion, which presents challenges for law enforcement agencies trying to combat the crime of hoaxes.
Penyalahgunaan Mobil Dinas di Tinjau dari Undang-Undang Nomor 31 Tahun 1999 Juncto Undang-Undang Nomor 20 Tahun 2001 Tentang Pemeberantasan Tindak Pidana Korupsi di Lingkungan Pemerintahan Kota Kupang Krisanti Maria Nana; Daud Dima Tallo; Bhisa Vitus Wihelmus
Jurnal Hukum dan Sosial Politik Vol. 2 No. 3 (2024): Agustus: Jurnal Hukum dan Sosial Politik
Publisher : International Forum of Researchers and Lecturers

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.59581/jhsp-widyakarya.v2i3.3527

Abstract

The purpose of this research is to analyze the misuse of official cars in review of Law Number 31 of 1999 in conjunction with Law Number 20 of 2001 concerning the eradication of criminal acts of corruption in the Kupang City Government. This research uses Empirical Legal Research method with primary data legal sources collected through interviews with respondents and observation of the research location as well as secondary legal data sources collected through literature study or document study. The results of the research indicate that the misuse of official cars related to the crime of corruption, namely abuse of authority in this case the misuse of official cars in the crime of corruption refers to the formulation of Article 3 of the Law on Criminal Acts of Corruption (UUTPK), namely with the aim of benefiting oneself or another person or a corporation abusing the authority, opportunity or means available to him because of his position or position that can harm state finances. Law enforcement against the misuse of official cars outside the office, namely: preventive law enforcement and repressive law enforcement. From the results of the study, the researcher concluded that the regulation of the minister of home affairs number 7 of 2006 concerning the standardization of local government work facilities and infrastructure article 1 letter g, what is meant by official vehicles is government property that is used only for official purposes, consisting of individual service vehicles, operational service vehicles / official service vehicles, and special service vehicles / fields.Conclusion related to law enforcement efforts against the misuse of official cars outside the office, namely carried out by preventive and repressive actions.

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