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Spektrum Hukum
Published by Universitas 17 Agustus 1945 Semarang
ISSN : 18580246     EISSN : 23551550     DOI : 10.35973/Spektrum hukum
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal SPEKTRUM HUKUM, merupakan jurnal peer review yang di terbitkan oleh Program Magister Ilmu Hukum Untag semarang, SPEKTRUM HUKUM diterbitkan dua kali dalam setahun pada bulan April, dan Oktober. Ruang lingkup artikel yang diterbitkan dalam jurnal ini berkaitan dengan berbagai topik di bidang Hukum Pidana, Hukum Perdata bisnis, Hukum politik pemerintahan, Hukum Kesehatan, serta bidang kajian hukum secara luas.
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Articles 7 Documents
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Search results for , issue "Vol 21, No 2 (2024): Jurnal Spektrum" : 7 Documents clear
Implementasi Kredit Usaha Rakyat bagi Pelaku Usaha Mikro Kecil dan Menengah (UMKM) dan Realitas Praktik Rentenir Manuhutu, Lonela; Maheswara, Giovanni Battista
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5328

Abstract

This study will explain the implementation of People’s Business Credit for Micro, Small and Medium Enterprises and explain the reasons why Micro, Small and Medium Enterprises actors prefer moneylenders to follow the People’s Business Credit program that has been provided by the government and the obstacles that are feared by the perpetrators. Micro, Small and Medium Enterprises if they participate in the People’s Businesss Credit program. This study aims to determine and examine the extent to which the implementation of People’s Business Credit reaches Micro, Small and Medium Enterprises and examines the interest of Micro, Small and Medium Enterprises to moneylenders compared to People’s Business Credit which is held by the government and has bank interest the smaller one.     This is an open-access article under the CC–BY 4.0 license.
Ancaman Deepfake Buatan AI Dan Implikasinya Terhadap Keamanan Data Biometrik Di Indonesia Palindria, Arvi Erawan; Thufail, Muhammad Sulthan; Febrian, Muhammad Rieval
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5319

Abstract

Throughout its evolution, artificial intelligence not only has positive impacts on mankind. One of which is Deepfake, an AI model that poses a serious threat to the security of biometric data, which is a type of specific personal data. Regulations regarding biometric data can be found in Undang-Undang Nomor 27 Tahun 2022 tentang Pelindungan Data Pribadi. However, these regulations do not specifically address biometric data. The existence of deepfake, which could manipulate videos and/or photos, becomes a serious threat that needs attention. Therefore, the objective of this research is to identify the threats posed by deepfake technology to biometric data security and the roles of the government and industry in anticipating these threats. This research was conducted using a normative juridical legal research method with a statute approach and a conceptual approach using futuristic interpretation. The findings from this research journal indicate that the absence of specific protection for biometric data security leads to the vulnerability of biometric data to misuse. The government's role is needed to establish Peraturan Pelaksana Undang-Undang Pelindungan Data Pribadi and regulation that specifically addresses biometric data
Kebebasan Berpendapat Di Media Sosial Dalam Perspektif Hukum Pidana Di Indonesia Riskiyastika, Devita; Tanuwijaya, Fanny; Wildana, Dina Tsalist
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5249

Abstract

Freedom of speech is one of the rights that individuals possess for expressing themselves, sharing opinions, and is protected by positive law in Indonesia. With the advancement of technology, public opinions are often shared through social media, where information can be quickly and easily obtained. Expressing opinions on social media may sometimes involve elements of defamation or insults toward others, which can lead to legal consequences. One case concerning defamation on social media is Decision Case Number 986/Pid.Sus/2021/PN Tjk. The research method used is normative juridical legal research. The research results indicate two legal issues to be examined. First, what are the differences in the elements of defamation offenses under the Electronic Information and Transactions Law and the Criminal Code? Second, has Decision Number 986/Pid.Sus/2021/PN Tjk aligned with the facts presented in the trial regarding defamation? The research findings suggest that the regulation of defamation in the Criminal Code is general, while in the Electronic Information and Transactions Law it is specific. The case of Decision Number 986/Pid.Sus/2021/PN Tjk does not align with the legal facts presented in the trial, as further analysis reveals that the more appropriate charge for the defendant would be the crime of defamation under Article 311 paragraph (1) of the Criminal Code.
Penerapan Prinsip Proporsionalitas Hukum Humaniter Internasional dalam Perang Rusia - Ukraina Nurhayati, Ema
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5423

Abstract

The principle of proportionality is one of the fundamental pillars in international humanitarian law that aims to minimize unnecessary suffering and damage in armed conflict situations. The principle of proportionality, which requires a balance between military advantage and civilian harm, has become a primary focus in the war between Russia and Ukraine, given widespread reports of attacks on civilian infrastructure. The research objective is to analyze the application of the principle of proportionality in the Russia-Ukraine war and identify challenges in its implementation. This research methodology is normative method, analyzing international legal documents, human rights organization reports, and specific case studies from the conflict. The main findings indicate violations of the principle of proportionality by both sides, especially in attacks on densely populated areas and critical infrastructure. However, the research also reveals difficulties in objectively assessing proportionality due to the complexity of modern conflicts and limited access to information. In conclusion, although the principle of proportionality remains a key standard in international humanitarian law, its application in the Russia-Ukraine war demonstrates the need for more effective assessment and enforcement mechanisms. This research highlights the importance of updating the legal framework to address the challenges of contemporary conflicts.
Pengetahuan Ibu Tentang Hak ASI Anak dalam Perspektif Hukum dan Islam Sebagai Upaya Pencegahan Stunting Septiana, Dewi; Kholis, Nur; Rahayu, Dewi
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5336

Abstract

This research discusses an analytical study of mothers' knowledge of children's breastfeeding rights from a legal and Islamic perspective as an effort to prevent stunting. Breastfeeding rights have been regulated in Government Regulation Number 33 of 2012 concerning Exclusive Breastfeeding in Article 6 “Every mother who gives birth must provide exclusive breastfeeding to the baby she gives birth to”. Although it has been regulated, the Basic Health Research data for 2021 shows that 52.5%, or only half of the 2.3 million babies aged less than six months receive exclusive breastfeeding in Indonesia. One of the impacts of children not getting breast milk is stunting. Data from 2020 shows that toddlers who are not exclusively breastfed are stunted by 91.7%. Stunting is a significant problem in Indonesia today; child malnutrition in the form of stunting, low body weight, and wasting continues to occur in children under five years of age. The large number of stunting that occur in toddlers who are not breastfed shows that there is still low awareness of mothers in providing breast milk even though the regulation of breastfeeding is very clear from legislation and Islamic law, there are still many mothers who do not offer breast milk to their children. Urgency of research Carry out research on children's rights to breast milk to prevent stunting. The research method that will be used in this research is empirical legal research using primary data and secondary data. The results showed that all respondents knew that breast milk is very beneficial for children and is taught in Islam, but only 42% knew that breast milk can prevent stunting. Despite knowing that breast milk is very helpful for children, 83% of respondents did not know that breast milk is a child's right that must be given. Mothers consider breastfeeding to be a mother's right, which means that mothers can choose whether or not to breastfeed their children. Breastfeeding as a child's right is not understood by the community, so many mothers ignore this right.
Perlindungan Hukum Bagi Pemegang Saham Yang Pailit Pada Perseroan Terbatas Yahya, Christofer Chandra; Anggriawan, Teddy Prima
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5552

Abstract

Limited liability company is a subject of law protected by civil law. There is a separation of property between a limited company and its directors and shareholders. So the liability of the founder of the Limited Association is the limit of the capital deposited and does not include their personal property. This research method uses a juris-normative legal approach to study the norms that exist in positive law. The focus of the research is on the subjects of civil law, especially the Limited liability company (PT), where the responsibility of the founders of PT is limited only to the capital they invest in the company, which is clearly regulated in positive laws. In addition, in the context of a legal entity, a corporation may also be subject to a state of insolvency, which is governed by the Insolvency and Delayed Payment of Debt (CPPU) Act. However, in a case of pailit, there is no explicit legal protection for shareholders, either in the Act on Limited Entities or in the Bankruptcy Act and the CPPU Act. This suggests that the legal protection of the shareholder in the case of a pailit needs to be further examined and may require changes or additions to existing regulations.
Perlindungan Privasi Individu dalam Penggunaan Face Recognition Tinjauan Hukum dan Etika Zahro, Ade Khotimatuz
Jurnal Spektrum Hukum PMIH UNTAG Semarang Vol 21, No 2 (2024): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v21i2.5779

Abstract

This study discusses the protection of individual privacy in the use of Face Recognition (FR) technology in BPJS Kesehatan, with a focus on legal and ethical reviews. In Indonesia, the use of this technology is regulated by Law Number 19 of 2016 concerning Information and Electronic Transactions, which emphasizes the importance of individual consent in the collection and use of personal data, including biometric data such as faces. However, practice on the ground shows that consent is often not obtained correctly, potentially threatening individual privacy. Real cases, such as misidentification by facial recognition systems used by the National Police, show serious risks to privacy rights and potential data misuse. Therefore, this study recommends the need for stricter regulations, transparency in the use of data, and public participation in policy-making related to FR technology.  With the right ethical measures, it is hoped that a balance between public safety and individual privacy protection can be achieved in the ever-evolving digital era.

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