Jurisprudence
Jurnal Jurisprudence is an academic journal published twice a year by the Magister Law Program of Universitas Muhammadiyah Surakarta. This journal was first published in 2004. The journal, intended as a communication, information, and development medium of law focuses its content on the results of studies in the field of law, conducted through a variety of known paradigmatic perspectives.
Articles
237 Documents
<![CDATA[Law And Personal Data: Offering Strategies For Consumer Protection In New Normal Situation In Indonesia ]]>
<![CDATA[Rina Arum Prastyanti]]>;
<![CDATA[Istiyawati Rahayu]]>;
<![CDATA[Eiad Yafi]]>;
<![CDATA[Kelik Wardiono]]>;
<![CDATA[Arief Budiono]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.14756
<![CDATA[Purpose of the study: The benefits of the internet during a pandemic bring opportunities for cybercrimes, such as online data theft and leakage of consumers’ personal data. For this reason, the objectives of this study are 1) to determine the phenomenon of misuse of consumer’s personal data amidst COVID-after19 in Indonesia and 2) to describe strategies in preparing consumer personal data protection as the key to the success of the new normal in Indonesia. Methodology: This study used non-doctrinal research. To describe the phenomenon of misuse of consumers’ personal data amidst COVID-19 in Indonesia, the data were collected by distributing questionnaires to internet users in Indonesia and applying qualitative methods employing survey data collection techniques with stratified multi-stage random sampling technique. Results: It was found that the consumers’ personal data in Indonesia is still unprotected, so the conception adopted by the European Union and the OECD can be used as a reference for Indonesia in making a Law on Personal Data Protection.Applications of this study: To raise the people's awareness in protecting online personal data and encourage the government to educate society on cyber security through the National Cyber and Crypto Agency Novelty/ Originality of this study: This paper analyzes the protection strategy of e-commerce consumers during the new normal situation in Indonesia. The originality is that it discusses amidst Covid 19 cyber security. ]]>
<![CDATA[Crypto Asset-Trade Resilience During The Covid-19 Pandemic In Indonesia ]]>
<![CDATA[Vicko Taniady]]>;
<![CDATA[Salsabiila Puteri Permatasari]]>;
<![CDATA[Reyka Widia Nugraha]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.13340
<![CDATA[Purpose of the study: This research aims to examine the resilience, existence, and security of crypto assets in Indonesia. In fact, bitcoin's presence results in pros and cons in society, so there is a need for a deeper study of crypto assets. Methodology: The research method used was normative-empirical law using a statutory approach and case studies. This research also employed literature study techniques to reveal theory, data, etc. Results: The results of this study indicated that the sustainability of crypto-asset trading in Indonesia has increased in demand even during the pandemic, and the public can perform trading activities safely because there are already several legal umbrellas related to crypto asset trading in Indonesia, which are regulated by Bappebti (Commodity Futures Trading Supervisory Agency). Applications of this study: This research is expected to provide literature related to crypto-asset regulation in Indonesia. On the other hand, the authors hope that this paper will be able to provide public awareness in conducting crypto-asset transactions in the form of bitcoin. Novelty/ Originality of this study: To obtain government protection in conducting crypto asset trading, customers need to choose crypto asset traders who have been registered and comply with the rules set by Bappebti. With the emergence of high risk in trading, the authors expect the costumers to be careful when choosing crypto asset traders.]]>
<![CDATA[Environmental Legal Protection of Rivers in the Perspective of Sustainable Development ]]>
<![CDATA[Trias Hernanda]]>;
<![CDATA[Urip Giyono]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.14744
<![CDATA[Objective: This research discusses the legal protection of the river environment from the perspective of sustainable development. The concept of sustainable development is especially important in guarding river protection, so it must really be applied. Methodology: The research method used in this study is normative juridical law research, namely examining legal rules and legal principles. Finding: Based on the study obtained, that river protection in Indonesia is still weak, as evidenced by the presence of garbage and waste found in several major rivers in Indonesia, in addition to the absence of concrete actions from the government in protecting rivers. Utility: This research is useful for evaluating protection measures and providing a reference for sanctions for river protection by the concept of sustainable development. Novelty/Originality: This study provides the idea that river protection can be optimized to reduce the level of pollution and river damage by properly applying the concept of sustainable development by the Environmental Protection and Management Act (UUPPLH) principle]]>
<![CDATA[Legal Consequences for Traffic Accident Perpetrators with Dead Victims ]]>
<![CDATA[Lafri Prasetyono]]>;
<![CDATA[A.A.A.N Tini Rusmini Gorda]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.13489
<![CDATA[Objective: The purpose of the study is to determine the legal consequences for traffic accident perpetrators causing death and to investigate the legal considerations for perpetrators in criminal liability for traffic accidents.Method: The research used is empirical legal. This research employed sociological approach, legal approach, conceptual approach, and case approach. Research on the risk of traffic accidents is an observational study that surveys without any particular treatment given to the research subjects. The data used are primary data and secondary data. Primary data were obtained from the field through interviews. Secondary data were obtained through library research in the form of primary, secondary, and tertiary legal materials. The analysis technique in this research performed descriptive qualitative.Finding: The legal consequence for traffic accident perpetrators with death victims is a minimum of 5 years imprisonment, as per Article 359 of the Criminal Code. Legal considerations for perpetrators in criminal liability for traffic accidents comprise unintentional attribute (accident), those who have never been convicted, settlement between offender and victim, providing precise information, witnesses in mitigation, therefore the conviction can be reduced.Purpose: This study provides in-depth information about the Legal Consequences for Traffic Accident Perpetrators with Death VictimsNovelty/ Originality of the study: Legal Consequences for Traffic Accident Perpetrators with Death Victims]]>
<![CDATA[Law Enforcement Against Online Prostitution Providers In Indonesia And Egypt ]]>
<![CDATA[Wardah Yuspin]]>;
<![CDATA[Aya Mohammed Youssef Abd Allah]]>;
<![CDATA[Kelik Wardiono]]>;
<![CDATA[Indah Maulani]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.15261
<![CDATA[Purpose of the study :Describe the comparison of Online Prostitution Law in Indonesia and Egypt Methodology :Research methodology is qualilative approach with normative legal research. Therefore, in this study, it is preferable to secondary data collected by literature studies. Data that has been processed for further qualitative analysis Results:The results of this study found that the comparison of the two countries has similarities, namely the lack of legislation on online prostitution and the existence of a police specialty that investigates cases of prostitution in Egypt namely "Good Moral Police" while in Indonesia there is such police available. Novelty/ Originality of this study:The novelty value of this study is the comparison of the law with the specificity of the police who are in the case of prostitution in Egypt.]]>
<![CDATA[Analysis Of The Implementation Of The Non-Conviction-Based Concept In The Practice Of Asset Recovery Of Money Laundering Criminal Act In Indonesia From The Perspective Of Presumption Of Innocence ]]>
<![CDATA[Ana Fauzia]]>;
<![CDATA[Fathul Hamdani]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 1 (2021): Vol. 11, No.1, Juni 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i1.13961
<![CDATA[Purpose: This research aims to analyze the discourse on applying the non-conviction-based concept in the practice of restoring money laundering assets in Indonesia from the perspective of the presumption of innocence. Methodology: In this research, the method used was normative juridical using statutory, conceptual, and historical approaches. Results: The research results present a concept of the importance of the presumption of innocence and protection of the suspect's property before they are stated or convicted in court. Given the non-conviction-based concept in the assets recovery practice of money laundering crime, it is a mechanism for seizing state assets that criminals have taken, and it is possible to confiscate them again, even though the initial criminal act is not yet known for certain guilt so that it has the potential to castrate the suspect's human rights. Applications of this study: This article explains the importance of safeguarding the presumption of innocence and protecting the property rights of suspects. It is crucial to be used as a reference considering that the criminal procedural law system in effect in Indonesia is also inadequate to apply this concept. Thus, if this concept will be applied in the future, this study can be a reference in terms of drafting related regulations to safeguard against the presumption of innocence and the rights of suspects. Novelty/Originality of this study: The non-conviction-based concept in the asset recovery practice of money laundering crime is new. Therefore, the research presents to analyze whether the concept is under the existing legal system in Indonesia.]]>
<![CDATA[Legal Assurance: A Comparative Study of the Good Faith Doctrine in Australia and Indonesia ]]>
<![CDATA[Muhammad Jibril]]>;
<![CDATA[Talitha Amanda Ekadhani]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i2.13718
<![CDATA[Purpose: This study aims to analyze and compare the legal assurance of the good faith doctrine in Indonesia and Australia by examining the doctrine's existence in each jurisdiction.Methodology: This study used a normative legal research method through a case approach, both in Australia and in Indonesia.Results: The results of this study show that good faith does not have a definite definition in either Indonesia or Australia, but the existence of good faith is clearer in Indonesia than in Australia.Applications of the study: This study examines the comparison of good faith in Australia and Indonesia both in terms of definition and position in contract law. Furthermore, it also provides an overview of legal assurance in two different legal systems.Novelty/Originality: This study compares the regulation of the doctrine of good faith in Indonesia and Australia using a case approach (jurisprudence) which is still rarely used in Indonesia. ]]>
<![CDATA[The Legality of Debt Agreement Via Whatsapp Messages ]]>
<![CDATA[wildan arif]]>;
<![CDATA[Suci Kamilah]]>;
<![CDATA[Renaldy Afriyanto]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i2.16889
<![CDATA[Objective: This paper analyzes and studies the legal power of debt agreements through WhatsApp messagesMethodology: This research methods was juridical normative to analyze constitutional regulations or other legal sources that concern the legal basis of agreements. It uses a practical approachResults: The results showed that the debt agreement has fulfilled the required elements to make an agreement valid. It is a type of written agreement; thus, it can become written legal evidence in civil law trials in IndonesiaPurpose: The chat messages via WhatsApp indicate the creation of debt may become a piece of evidence in court. It is categorized as evidence of a written agreement. There are five kinds of evidencing instruments according to civil law procedures in Article HIR/284 RBG that is amended into Article 1866 of the Civil Law, namely written evidence, witness evidence, presupposition, confession, and oath. Thus, in the case of the debt agreement via WhatsApp messages, that message is categorized as a written agreement. It must be printed and legalized according to the legal stipulations.WhatsApp is a social media application. Thus, it is categorized as a shred of evidence in court according to Article 5 clause (1) of the Law No. 11 of 2008 on Electronic Information and Transaction as changed into the Law No. 19 of 2016 on the Change of the Law No. 11 of 2008 on Electronic Information and Transaction.Novelty/Originality: The debt agreement via application whatsap was categorized a new legal event. The most significant novelty value from the results of this research is the legal status of new debt agreement methods, namely the debt agreements through WhatsApp messages. Whatsapp was a social media. the agreement through the WhatsApp messages is legally valid so long as it fulfills the requirements of an agreement as stipulated in Article 1320 BW and that the agreement is categorized as a written agreement. Thus, it contains legal consequences if a party violates that agreement. This agreement is still valid even without a piece of evidence in the form of an authentic letter, as an authentic letter is a deed letter that can be divided into an authentic deed (Authentiek) and underhand deed (Onderhands).]]>
<![CDATA[Legal Protection for Borrowers and Business Dispute Resolution in Fintech Lending Services ]]>
<![CDATA[Lu Sudirman]]>;
<![CDATA[Hari Sutra Disemadi]]>
<![CDATA[ Jurnal Jurisprudence Vol 11, No 2 (2021): Vol. 11, No.2, Desember 2021 ]]>
Publisher : <![CDATA[Muhammadiyah University Press ]]>
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DOI: 10.23917/jurisprudence.v11i2.15853
<![CDATA[Objective: This study aims to identify how progressive the legal protection for borrowers as a fintech lending service user is and how the business dispute resolution model for these services is applied in Indonesia.Methodology: This research utilized a normative juridical research method with legal and conceptual approaches. The data used in this research were secondary legal data analyzed using qualitative analysis techniques to draw the right conclusions.Findings: Fintech lending service is an alternative solution for the community to carry out the procedure of fund borrowing by accessing the sites and applications of lending companies without having to go through banking transactions and financing institutions. Although fintech lending contributes to various financial activities, this innovation encounters issues in protecting consumers as borrowers. The rise of personal data misuse, intimidating money collection procedures, and sexual harassment have threatened consumers' sense of security, so law enforcement is urgently needed to overcome these crimes. Regarding the borrower protection in the fintech business, OJK, under its power, has ratified “OJK Regulation Number 77/POJK.07/2016 concerning Information Technology-Based Fund Borrowing Services”. However, these regulations cannot protect borrowers, so the problems continue to rise. Furthermore, business disputes that arise in fintech lending need further guidance from independent institutions and the government to protect consumers and business actors when involved in disputes. Applying a non-litigation route, namely Alternative Dispute Resolution (ADR), is recommended with the disputing parties and third parties.Implication: This research is expected to support literacy to the public in selecting the right online financing and loan institutions. In addition, the results of these studies can be a source of reference for legal scholars.Novelty/Originality: In contrast to previous research, this research focuses on studying how important the legal protection of borrowers who use fintech services is and the steps that can be taken to resolve business disputes in the industry that have not yet been specifically identified.]]>
