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<![CDATA[LEGAL PROTECTION OF CONSUMER PERSONAL DATA PEER TO PEER LENDING THROUGH FINANCIAL TECHNOLOGY IN INDONESIA: AN APPROACHED OF COMPARATIVE STUDY ]]>
<![CDATA[Putu Eva Ditayani Antari]]>;
<![CDATA[Ni Gusti Agung Ayu Mas Triwulandari]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.83167
<![CDATA[The development of Fintech cannot be ignored and needs to be managed so that it can provide maximum benefits for the benefit of society. Because in practice there are parties who are harmed, there are more and more cases of protection of consumer personal data, it is interesting to study further about legal protection of consumer data security in the Fintech business in Indonesia, especially in this study, namely Fintech Peer for Peer Lending. Currently cases of misuse of personal data in Indonesia are still high. Efforts to address legal protection issues for Fintech consumer personal data are contained in POJK Number: 1/Pojk.07/2013 concerning Consumer Protection in the Financial Services Sector and regarding what data must be protected has also been regulated in SOJK Number 14/Seojk.07/2014 concerning Confidentiality and Security of Data and/or Consumer Personal Information, and SOJK Number 18/Seojk.02/2017 Concerning Information Technology Governance and Risk Management in Information Technology-Based Borrowing Services. The existence of these regulations is still not able to resolve personal data issues, so the government makes Law Number 27 of 2022 Concerning Personal Data Protection. The problem approach method used in this research is normative juridical. The source of legal materials in this study uses secondary materials as the main materials. The method of collecting legal materials by means of library research, was analyzed using a qualitative approach to secondary legal materials. The author's recommendations for further research related to the personal data supervisory agency which is currently still in the process of being formed, the author suggests studies related to the authority and role of the personal data monitoring agency in Indonesia.]]>
<![CDATA[PENGATURAN MENGENAI LAPORAN HARTA KEKAYAAN PENYELENGGARA NEGARA DALAM UPAYA PENCEGAHAN TINDAK PIDANA KORUPSI DI INDONESIA ]]>
<![CDATA[Nyoman Toya]]>;
<![CDATA[I Wayan Putu Sucana Aryana]]>;
<![CDATA[Cokorda Istri Dian Laksmi Dewi]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.83841
<![CDATA[Compliance with reporting the assets of state administrators continues to increase. However, LHKPN accountability is still low. This study aims to find out and analyze (1) the arrangements regarding the Wealth Report of State Administrators in the prevention of criminal acts of corruption in Laws and Regulations, and (2) analyze the obstacles to the mechanism of Reporting of State Officials' Wealth as an effort to prevent criminal acts of corruption. The type of research used is normative legal research. The data obtained from this study were secondary data obtained through a literature study, then the data obtained were analyzed qualitatively through a statutory and conceptual approach. The results of this study indicate that (1) arrangements regarding LHKPN are regulated in several regulations, including Law Number 28 of 1999 concerning State Administrators who are Clean and Free from Corruption, Collusion and Nepotism; Law Number 19 of 2019 concerning the Second Amendment to Law Number 30 of 2002 concerning the Corruption Eradication Commission; and Corruption Eradication Commission Regulation Number 7 of 2016 concerning Procedures for Registration, Announcement and Examination of Reports on State Administration Assets. (2) the indecision of sanctions regarding LHKPN and without being balanced with the norms of authority of the implementing agency. Administrative sanctions in the LHKPN mechanism are considered to be not running optimally and seem useless. So that efforts need to be made regarding the importance of other sanctions that can provide a deterrent effect for perpetrators, namely criminal sanctions in the implementation of State Officials Wealth Reports.]]>
<![CDATA[REFORMULASI DEFINISI ANAK SEBAGAI AHLI WARIS PENSIUNAN PEGAWAI NEGERI SIPIL ]]>
<![CDATA[Ni Made Deby Anita Sari]]>;
<![CDATA[I Nyoman Bagiastra]]>;
<![CDATA[I Made Arya Utama]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.84763
<![CDATA[Civil servants have the rights of protection, maintenance and welfare. Civil Servants pension security and Old Age Security are given as protection for the continuity of old-age income, as a right and as a reward for the service of civil servants given in the national social security program. When a civil servant dies, and the event that their widow/widower has also died, it will be given to his children. Thus, it can be seen that the heirs of retired civil servants who are entitled to civil servant insurance are limited to widows/widowers or their children. This writing aims to examine and resolve confusion arising from the ambiguity of the definition of children who are entitled to receive pension insurance from their parents who are retired civil servants when their parents have died. This study uses normative legal research methods to analyze the vague norms. The ambiguity of the definition of children in the law Number 11 of 1969 will cause problems in determining the position of children as heirs of pension rights for Civil Servants pensioners. After doing research, it is known that the position of adopted children is only entitled to an adopted child allowance. Meanwhile, children as recipients of the rights of pension are only legitimate biological children or legalized biological children.]]>
<![CDATA[KESIAPSIAGAAN INDONESIA DALAM MITIGASI DAMPAK PERUBAHAN IKLIM DI INDONESIA ]]>
<![CDATA[Natalia Yeti Puspita]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.84853
<![CDATA[The existence of climate change due to global warming has increased the risk of disasters in Indonesia, such as rising sea levels that cause flooding. This is certainly a threat to the people of Indonesia, especially those who live in coastal areas and small islands. Property and life losses due to climate disasters continue to increase. Indonesia's preparedness is needed to protect its citizens from climate disasters. This preparedness must take into account the guarantee of the fulfillment of human rights and justice for the environment. The more prepared and resilient a country is to the impacts of climate change, the less climate disasters there will be in that country. This article will analyze how Indonesia is prepared to deal with climate disasters. This article is the result of a normative juridical research that prioritizes secondary data as primary data. The results showed that Indonesia's preparedness was carried out by ratifying the UNFCCC, the Kyoto Protocol and the Paris Agreement through Indonesian national regulations. In addition, the Government of Indonesia cooperates and coordinates with various parties (academics, businessmen, journalists, communities) to mitigate and adapt to the impacts of climate change. It's just that until now there is no comprehensive and integrated regulation that clearly regulates climate disaster management. The current Law Number 24 of 2007 concerning Disaster Management does not explain or explicitly regulate climate disasters.]]>
<![CDATA[EFEKTIFITAS PENEGAKAN HUKUM TERHADAP PERTAMBANGAN EMAS TANPA IZIN (PETI) DI WILAYAH HUKUM KEPOLISIAN RESOR GUNUNG MAS ]]>
<![CDATA[Tri Wibowo]]>;
<![CDATA[Mutia Evi Kristhy]]>;
<![CDATA[Syamhudian Noor]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.85440
<![CDATA[Several factors that encourage the large number of illegal mining include economic factors, lack of job availability and low economic status as the reasons for people to maintain work as illegal miners. Regarding law enforcement against mining activities that are suspected of violating the rules, it is still not optimal and the PETI problem is also a problem that has not found a good solution when viewed from several factors that determine the effectiveness or ineffectiveness of law enforcement, especially against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Mas Police, Central Kalimantan Province. This study uses an empirical legal research type, using a sociological legal approach. conclude that the Effectiveness of Law Enforcement against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Mas Police Resort based on research with various prevention efforts in the form of preventive efforts to repressive efforts in the form of action against Illegal Gold Mining (PETI) in general can be said to be ineffective considering that in fact the existence of Illegal Gold Mining (PETI) is still rampant and massive in the jurisdiction of the Gunung Mas Police Resort as supporting factors for the effectiveness of law enforcement such as the substance of the law which is still unclear and has not been implemented properly, Legal structure factors such as implementing apparatus for various provisions of legal regulations that have not been maximized in implementation such as the lack of intensive and sustainable socialization, and Community factors such as community economic factors which are the dominant factor as a factor causing the massive Illegal Gold Mining (PETI) as has been clearly described in the explanation section of this Research. This study also found several obstacles in Law Enforcement against Illegal Gold Mining (PETI) in the jurisdiction of the Gunung Resort Police based on research that the obstacles consist of internal obstacles originating from within the Police at the Gunung Mas Resort Police, such as the lack of supporting Facilities and Infrastructure such as the number of Police Posts and Sector Police, the lack of the number of POLRI members / personnel in the jurisdiction of the Gunung Mas Resort Police, as well as from the dominant external factor, namely the lack of good coordination between the Gunung Mas Resort Police and related parties such as the Gunung Mas Regency Government and various related Agencies.]]>
<![CDATA[A HUMANE APPROACH IN DEALING WITH CHILDREN IN CONFLICT WITH THE LAW ]]>
<![CDATA[Bernadeta Resti Nurhayati]]>;
<![CDATA[Samantha Elisabeth C]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.92799
<![CDATA[Children are the future of the nation, therefore, they need care, education and guidance from their parents, guardians or foster parents. Their life, however, sometimes doesn't go as expected. Some of them even have to deal with the law because of their unexpected behavior. The future of the children of criminals deserves attention, especially if they have to be responsible for their actions. A humane approach in resolving the cases of children in conflict with the law considers that the children's rights are human rights. They who are in conflict with the law are still given the opportunity to improve themselves and obtain their rights as children.This paper aims to analyze a humane approach as a consideration in implementing diversion. It uses socio-legal method and qualitative analysis based on primary and secondary data. The humane approach views children as human beings who need protection in the form of adults’ intervention because a criminal imposition on children does not always have a positive impact on law enforcement itself. This is because the children's futures can still be improved and their rights are human rights. The best interests of the children should be the main consideration.]]>
<![CDATA[PENGARUH RELIGIUSITAS TERHADAP RESIDIVISME PADA RUTAN KELAS IIA YOGYAKARTA ]]>
<![CDATA[Raden Muhamad Haikal Yasin]]>;
<![CDATA[Padmono Wibowo]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.92806
<![CDATA[The penitentiary system in Indonesia has an important role in coaching prisoners to restore their lives and reduce recidivism rates. However, high recidivism rates indicate problems in the effectiveness of coaching, with many inmates reoffending after release. This research aims to examine the influence of religiosity on recidivism in the Class IIA Yogyakarta Detention Center. The research method used was descriptive quantitative, with a sample consisting of 40 recidivist prisoners who were analyzed using simple linear regression. The research results show that the levels of religiosity and recidivism are in the medium category, which indicates the potential for interaction between the two. Further analysis shows that there is a significant positive influence between religiosity and recidivism, with a calculated t value of 3.467, greater than the t table, which means that the higher the religiosity, the greater the possibility of recidivism increasing. Regression tests show that religiosity contributes 24% to the variation in recidivism.]]>
<![CDATA[KOMUNIKASI INTERPERSONAL PETUGAS DALAM MEMBERIKAN PELAYANAN TERHADAP TAHANAN HINDU BALI BERBEDA KASTA DI RUTAN KELAS IIB KLUNGKUNG ]]>
<![CDATA[Anak Agung Gede Maha Mulia Putra]]>;
<![CDATA[Wido Cepaka Warih]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.92810
<![CDATA[The State Detention Center (Rutan) plays a vital role in Indonesia's correctional system, particularly in providing services to inmates, as mandated by Law No. 22 of 2022, Article 60, Paragraph 1. These services include fulfilling the basic needs of inmates such as nutritious food, clean water, healthcare, and hygiene. At Rutan Class IIB Klungkung, under the Regional Office of the Ministry of Law and Human Rights in Bali, interpersonal communication by staff is crucial in delivering services to inmates, including Hindu Balinese inmates of different castes. This research aims to analyze the forms, roles, and impacts of staff's interpersonal communication in providing equal and fair services to Hindu Balinese inmates from various castes at Rutan Class IIB Klungkung. Using a qualitative approach, this study explores how caste differences affect interactions between staff and inmates and examines used to overcome communication barriers in providing services to Hindu Balinese inmates of different castes. The findings of this research are expected to provide insights into the importance of effective and inclusive communication within the context of correctional services, especially in dealing with socio-cultural dynamics such as caste differences.]]>
<![CDATA[POLA PENYELUNDUPAN NARKOBA PADA TIGA UNIT PELAKSANA TEKNIS PEMASYARAKATAN DI LINGKUNGAN KANTOR WILAYAH KEMENTERIAN HUKUM DAN HAK ASASI MANUSIA DAERAH ISTIMEWA YOGYAKARTA ]]>
<![CDATA[Iqbal Rasyid Dharmawan]]>;
<![CDATA[Odi Jarodi]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.92814
<![CDATA[Drug abuse in Indonesia is a serious problem with the number of users reaching 3.3 million people in the 2021-2023 period, which is influenced by a lack of self-control, environmental influences, and weak educational outreach. In Yogyakarta Province, around 40% of drug users are students, while overcapacity in prisons exacerbates the potential for drug smuggling, including in Yogyakarta Class IIA Narcotics Prisons where drug convicts dominate. Therefore, this research was conducted to determine the description of drug smuggling patterns in the Correctional UPT in the Yogyakarta Regional Office of the Ministry of Law and Human Rights. Qualitative methods were used in this research to be able to describe more broadly the smuggling patterns that occurred using a case study research design and data collection using interviews, observation and document study. From the research conducted, the smuggling pattern that occurs at the Correctional UPT in the Yogyakarta Regional Office of the Ministry of Law and Human Rights has a tendency to use types of drugs or what are usually called koplo pills with the smuggling pattern being through visits or depositing goods, and the formation of networks is usually done when getting to know new people in prison.]]>
<![CDATA[PERBANDINGAN PENGATURAN PENGELOLAAN EKOSISTEM PASCATAMBANG DI KEPULAUAN RIAU DAN JAMBI MANA YANG LEBIH BAIK ]]>
<![CDATA[Verensia]]>;
<![CDATA[Shelvi Rusdiana]]>;
<![CDATA[Rufinus Hotmaulana Hutauruk]]>
<![CDATA[ Jurnal Komunikasi Hukum Vol 10 No 2 (2024): Agustus, Jurnal Komunikasi Hukum ]]>
Publisher : <![CDATA[Program Studi Ilmu Hukum Fakultas Hukum dan Ilmu Sosial Universitas Pendidikan Ganesha Singaraja ]]>
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DOI: 10.23887/jkh.v10i2.93268
<![CDATA[This study aims to analyze the comparison of legal regulations on post-mining ecosystem management in Riau Islands and Jambi, with a focus on SDGs 15, which addresses the preservation of terrestrial ecosystems. The research questions explore how the legal framework for post-mining management is regulated in Indonesia and how it compares between the two provinces. The findings show that Riau Islands does not have a regional regulation that specifically governs post-mining management, while Jambi has a regional regulation addressing this issue. The research adopts a juridical-normative approach, analyzing applicable regulations at both the national and regional levels related to sustainable post-mining ecosystem management. The data sources include primary legal materials such as the Omnibus Law, the Mineral and Coal Law, the Environmental Protection and Management Law, the Post-Mining Reclamation Government Regulation, and other relevant regulations. Secondary data, including books, journals, and related studies, were also utilized. Data collection was carried out through library research, with data analysis using a juridical-qualitative method. The results of this study are expected to provide recommendations for improving post-mining ecosystem management regulations that support the preservation of sustainable terrestrial ecosystems in line with SDGs 15, particularly for provinces like Riau Islands, which lack specific regional regulations.]]>
