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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.
Arjuna Subject : -
Articles 182 Documents
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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.
Pertanggungjawaban Pidana Kecelakaan Lalu Lintas Akibat Pengemudi Mabuk dalam Perspektif Hukum Martiasari, Andin; Maulida, Maulida; Pasaribu, Agnes; Soetijono, Irwan Kurniawan
SPEKTRUM HUKUM Vol 22, No 1 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i01.5971

Abstract

Traffic accidents caused by drunk drivers are a complex legal issue in the criminal justice system in Indonesia. This study aims to analyze criminal liability for drivers who drive drunk and cause accidents, as well as review legal considerations in Supreme Court Decision Number 177 K/Pid/2022. This research uses a normative juridical method with a legal and case approach. The results of the study show that even though the defendant is proven guilty under Article 310 paragraph (3) of the LLAJ Law, the sentence imposed by the judge is lighter than the maximum threat stipulated in the law. This raises a debate about the effectiveness of sanctions in providing a deterrent effect. In conclusion, this case shows a gap in the justice system that allows for lighter sentences even though there is an element of deliberate and knowingly possible in the defendant's actions
Peran Pemerintah Dalam Mengatasi Penyalahgunaan Dana Aspirasi Dan Dampaknya Terhadap Kesejahteraan Masyarakat Di Kabupaten Pati Denandra, Mayko Raya Rambu; Febriharini, Mahmuda Pancawisma; Prasetyo, Budi
SPEKTRUM HUKUM Vol 22, No 1 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i01.6002

Abstract

This study discusses the strategic role of the government in overcoming the misuse of aspiration funds and its impact on the welfare of the community in Pati Regency. Aspiration funds, which should be used for development and public services, are often misused for personal or certain group interests, thereby hindering equitable development and lowering public trust in the government. Through a qualitative approach with interviews and observations, it was found that the misuse of aspiration funds had a negative impact in the form of financial losses, development inequality, and degradation of public participation. This research highlights the importance of strengthening regulations, harmonizing policies, increasing transparency and accountability, and active community involvement in supervision.  In addition, innovative solutions such as the implementation of information technology and the establishment of an independent supervisory team are key in creating clean and effective governance of aspiration funds. This research recommends synergy between the government, the community, and supervisory institutions for the realization of accountable public fund management that is in favor of the welfare of the people.
Kebijakan Perlindungan Hak Pendidikan “Anak” Dalam Proses Peradilan Pidana Di Lembaga Pembinaan Khusus Anak Wulandari, Sri
SPEKTRUM HUKUM Vol 22, No 1 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i01.6003

Abstract

The Indonesian criminal justice system has undergone significant changes since the enactment of Law Number 11 of 2012, which focuses on the protection of children's educational rights. This study analyzes the policy issue of protecting children's education in the criminal justice process and the implementation of children's rights in the Special Children's Development Institution (LPKA). The study uses normative juridical research to examine the policy protection of children's educational rights in the criminal justice process. Law No. 22 of 2022 focuses on children aged 12-18 suspected of committing criminal acts. These children often face stigmatization and discrimination, necessitating legal protection, such as diversion and restorative justice. The study emphasizes the importance of treating children differently from adult criminal offenders and prioritizing their best interests. The transition from Correctional Institutions to LPKA demonstrates the state's commitment to protecting and respecting children's rights, providing facilities and infrastructure for formal and non-formal education during criminal proceedings.
Kewenangan Tenaga Teknologi Laboratorium Medik Dalam Pengelolaan Darah Berkualitas Untuk Keselamatan Pasien Isjworowati, Rr. Sri
SPEKTRUM HUKUM Vol 22, No 1 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i01.5960

Abstract

Blood management is an important part of health services that aims to ensure the availability of safe, quality blood and facilitate public access to blood and information related to blood availability. The blood management process includes various stages, including planning, mobilizing and preserving blood donors, selecting, taking, testing, processing, storing, and distributing blood. In each of these stages, medical personnel and health workers play an active role, including Medical Laboratory Technology Personnel (MLTP), who have the authority in blood service efforts. MLTPs are health workers who have knowledge and skills obtained through higher education in the fields of hematology, serology, immunology, and immunohematology. This expertise gives TTLM the authority to carry out various tasks related to blood management, such as blood donor selection, blood drawing, blood testing, blood processing, and blood storage and distribution. In order to practice in a blood service unit, TTLM must have a Registration Certificate (STR) and Practice Permit (SIP), as well as a special training certificate in blood services. The research type is normative legal research, namely a legal approach based on literature studies. The results of the study indicate that MLTPs has clear authority in managing quality blood in the Blood Transfusion Unit (UTD) of the Indonesian Red Cross (PMI) and in the Hospital Blood Bank (BDRS), which is very important in ensuring the safety and quality of blood used in transfusions to patients.
Polemik Pelaksanaan Putusan Pengadilan Tata Usaha Negara Rokhman, Arief; Pranoto, Edi
SPEKTRUM HUKUM Vol 22, No 1 (2025): Jurnal Spektrum
Publisher : PMIH Untag Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56444/sh.v22i01.6053

Abstract

The State Administrative Court is expected to be able to give a fair and enforceable decision. However, in reality, there are decisions of the State Administrative Court that are not implemented by the parties who are ordered to implement the judge's decision. With the formulation of the problem of how to implement the execution of the decision of the Palembang State Administrative Court Number 25/G/2022/PTUN. PLG; and how to sanction defendants who do not implement the Court's decision. This article was prepared using the normative juridical method. conclusion that the execution effort is based on the decision of the Palembang State Administrative Court Number 25/G/2022/PTUN. PLG that is not carried out by the defendant can be done by, then an active role of the Plaintiff is required, because it must submit an application to the court. Meanwhile, sanctions can be given to the Village Head (defendant) who does not implement the decision of the Palembang State Administrative Court Number 25/G/2022/PTUN. PLG is a gradual administrative sanction from written reprimand to dismissal based on the provisions of Law number 6 of 2014 concerning Villages and Law Number 30 of 2014 concerning Government Administration, and the parties involved in the mechanism of sanctioning the defendant Village Head involve the Village Consultative Body, Sub-district Head, District Inspectorate, Village Community Empowerment Office, Regent and Palembang State Administrative Court.

Page 17 of 19 | Total Record : 182

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