Unram Law Review

Juridical Analysis of Criminal Acts Defamation and Hoaxes Through Social Media Against Corporations in the Perspective of the ITE Law

2024-03-25T01:00:42+00:00

This study aims to analyze the legal aspects related to crime and the implications for corporations as legal subjects. The research method used a normative juridical approach concerning various related laws and regulations, court decisions, and opinions of legal experts. The analysis results show that criminal acts of defamation and spreading hoaxes through social media can be prosecuted by the articles governing insult and defamation and spreading false information in the ITE Law. The implications for corporations are significant because defamation and the spread of hoaxes can damage a company's reputation and affect relationships with customers, business partners, and other stakeholders. Therefore, corporations need to understand legal obligations and responsibilities regarding content produced by internal and external parties related to the company. This research proposes the need for more proactive prevention efforts on the part of corporations, such as developing guidelines for the use of social media and training for employees, as well as increasing understanding of the legal implications of social media activities. In addition, updating or revising the ITE Law also needs to be considered to accommodate the dynamics of the development of social media and information technology, which are constantly changing.

Legal Protection For Nature Reserves As Providers Of Watering Needs For Food Security

2023-10-02T05:36:56+01:00

The problem in this research is that there is land encroachment and conversion of forests into rice fields which are not in accordance with procedures in the Rawa Danau Nature Reserve Area which provides raw water needs for the people of Serang and Cilegon. This has a negative impact on the food security of the people of Banten. The aim of the research is to obtain an overview of exploitation activities in the Rawa Danau Nature Reserve Area, both land encroachment and forest clearing for agriculture so that it can provide recommendations for legal protection of the Rawa Danau nature reserve area so that it remains sustainable and is still able to provide a supply of raw water for community food security. Banten. The research methodology uses Normative Juridical and Sociological Normative legal research methods. This research is descriptive analytical in nature, using primary and secondary data sources, with data collection techniques from literature studies and field studies using interviews and observations. A brief summary of the results of this research shows that land encroachment and forest conversion that is not in accordance with the provisions in the Lake Swamp nature reserve area occurred due to errors in coordination between the nature reserve management and the local government. This is a form of activity that can have an impact on environmental damage and is contrary to the provisions of applicable laws and regulations.

Analisis Yuridis Putusan Nomor 811 K/Pdt.Sus-Hki/2021 Tentang Sengketa Merek Yang Memiliki Persamaan Pada Pokoknya

2024-03-25T01:06:07+00:00

The brand similarities are basically regulated in the Trademark Law which is very well known and often occurs in various places, especially in this region of Indonesia, the similarities are in the form of similarities in image elements, sound similarities, similarities in letters or words, names, numbers, colors, both in the form of composition and combination. from the composition of these elements, whether in the form of goods or services, both dissimilar and similar and based on general knowledge of the public, the quality of the mark obtained due to a very large promotion and followed by proof of the registration of the mark itself in various countries. The effect of the Supreme Court's decision Number 811 K/Pdt.Sus-Hki/2021 for registered trademark owners so that they can always protect a trademark itself is by supervising other brand owners with bad beliefs. If there is another mark which has been registered with the Director General of Intellectual Property Rights and published in the general news mark, the owner of the mark which has been registered previously or earlier can immediately submit a request if the owner of the registered mark strongly objects and proposes that the registration of the second mark be cancelled.

Conceptualization of the expansion of the Authority of the Supreme Court as a Dispute Settlement Institution for Authority of State Institutions outside the Constitution

2023-04-12T06:42:18+01:00

The authority to form state institutions outside the constitution, especially Non-Ministry Government Institutions (LPNK) rests with the President based on Article 4 paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The formation of these state institutions is not limited as the regulation on the number of state ministries which limits the number of ministries to 34 (thirty four). This can create the potential for overlapping authorities and authority disputes between state institutions outside the constitution so that it requires a state institution that can resolve them. Based on this, this study will examine related 1) how to reconstruct the President's authority in forming state institutions outside the constitution; and 2) how to conceptualize the extension of the authority of the Supreme Court as a dispute resolution institution for the authority of state institutions outside the constitution. This study uses a normative juridical method with a statutory approach. The results of the study indicate that the President has the authority to form state institutions outside the constitution through his authority in submitting Draft Laws, forming Government Regulations in Lieu of Laws, and forming Presidential Regulations, in which there are no restrictions. Arrangements for the formation of state institutions outside the constitution must be limited as state ministries in Article 15 of the Law on State Ministries. Then the concept of extending the authority of the Supreme Court as an institution for resolving disputes over the authority of state institutions outside the constitution can be taken from the granting of authority through attribution through Article 24A paragraph (1) of the 1945 Constitution of the Republic of Indonesia. The position of the Supreme Court as a constitutional organ and institution of judicial power is independent from other powers so that it has the potential to become an institution for resolving disputes over the authority of state institutions outside the constitution

Legal Aspects Of Business Development Of Social Forestry Business Group (SFBG) Forest Farmers Group (FFGS) Tirte Urip Central Lombok NTB

2023-10-17T05:54:03+01:00

This research examines the legal aspects of SFBGs business development at FFGs Tirte Urip. Increasing institutional capacity is needed to develop the SFBGs business at FFGs Tirte Urip. The method is that the SFBGs at FFGs Tirte Urip must prepare and ratify the SFBGs management plan document and SFBGs internal regulations. Implementation must be carried out towards integrated efforts to assist SFBGs business development by various parties. Villages must include SFBGs business development efforts in the VMTDPs (Village Medium Term Development Plan), VGWPs (Village Government Work Plan) Village Regulations, and Rambitan Village APBDes. Hence, Rambitan village government has a legal basis for taking a position as the leading actor driving efforts to develop the SFBGs business. The specificity of SFBGs business development at FFGs Tirte Urip is the inclusion of FFGs Tirte Urip in the Mandalika Agroforestry IAD; this is an integrated and collaborative program between ministries/agencies, provincial, district/city governments, and related parties as stated in Presidential Decree 28/2023. So, the SFBGs at FFG Tirte Urip must take a lot of initiative to implement Article 12 and the social forestry acceleration action plan listed in the attachment to Presidential Decree 28/2023.

Analysis Of The Impact Of Changes In The Negative Investment List On The Film Industry In Indonesia

2023-11-14T07:12:54+00:00

This study aims first to understand the implementation of Presidential Regulation Number 44 of 2016 for the film industry in Indonesia and, secondly, to identify and assess the impact of changes in the negative investment list on the film industry in Indonesia. The study utilizes a normative juridical research methodology, combining legal and conceptual approaches. The findings indicate that enforcement of Presidential Regulation Number 44 of 2016 in the Indonesian film industry resulted in the absence of international film companies operating in Indonesia before the regulation was implemented. However, this situation changed after films were removed from the Negative Investment List (DNI) as stipulated in Presidential Regulation Number 44 of 2016, an amendment to Presidential Regulation Number 39 of 2014 regarding categorizing closed and open business sectors with investment requirements. Modifying the negative investment list for the film industry in Indonesia has both positive and negative consequences. On the positive side, it has increased foreign investment, contributing to economic growth. Conversely, local investors need help competing with foreign investors due to financial resource disparities. The implementation of Presidential Regulation No. 44 of 2016 has had a significant impact on the investment landscape. Specifically, there has been an increase in foreign capital investment. However, it is worth noting that the number of Foreign Direct Investment (FDI) projects exceeds that of Domestic Direct Investment (DDI) projects. This difference can be attributed to the inability of domestic investors to compete effectively in the market.

Settlement of Bad Loans Through Auction Execution of Customer Rights at Bank Syariah Indonesia

2024-03-25T01:02:39+00:00

Bank Syariah Indonesia (BSI) is an Islamic bank institution that provides financing to customers. BSI KCP Tangerang City, one of the sub-branch offices, needs help financing the wrong customers. The bank analyzes financing and applies collateral as collateral for customer financing. This research has a problem formulation: how to resolve lousy credit through auction execution of mortgage rights. This research used the normative juridical approach through interviews with data sources, laws, and literature studies. The results of this study indicate that BSI KCP Tangerang City applies an auction for a bad debt if the customer's financing has a bad status and is reluctant to pay his debts under Bank Indonesia Regulation No. 14/15/PB/2012 concerning Asset Quality Assessment of Commercial Banks. The bank considers the relief efforts of restructuring negotiations, such as rescheduling, reconditioning, and restructuring, given time, to the sale of collateral. The implementation and procedures of the auction are submitted to the KPKNL by the Minister of Finance Regulation Number 213 / PMK.06 / 2020 concerning Guidelines for the Implementation of Auctions. The bank conducts collateral credietverband; the sale proceeds are handed over to the customer after deducting KPKNL fees. The bank needs to review the application of the prudential principle, 5C, 7P, and 3R credit analysis to minimize lousy credit. Customers are advised to be able to reconsider the feasibility of their ability before applying for credit from the bank.

Protection of Customer Personal Data of Bank Syariah Indonesia Reviewed From Pojk Number 6/Pojk.07/2022

2024-02-02T06:44:54+00:00

This research aims to study and analyze the legal protection of customer personal data of banks reviewed in POJK No. 6/POJK.07/2022 and the case of leakage of customer personal data of Bank Syariah Indonesia viewed in POJK No. 6/POJK.07/2022. The method used is qualitative research with a normative legal approach. The results show that 1) personal data is data about an individual who is identified or can be identified that needs to be protected. From personal data, private information about an individual can be obtained, which needs to be protected by banking institutions as institutions that rely on public trust for their sustainability. The leakage of customer personal data has legal protection for consumers and the public, as outlined in OJK Regulation No. 06/POJK.07/2022 concerning Legal Protection in the Financial Services Sector, aimed at strengthening consumer protection aspects, including the protection of bank customer personal data as financial service consumers. This regulation emphasizes the prohibition of providing consumers' personal data to third parties. This regulation includes rules on legal sanctions for parties that fail to comply with the provisions, such as provisions regarding the prohibition for financial service providers to misuse consumers' personal data or information. Sanctions imposed include administrative sanctions and nominal fines. 2) Cases of leakage of customer data from Bank Syariah Indonesia can be pursued legally for the leakage of customer personal data in banking services against cybercrimes, according to Article 1 of POJK No. 6/POJK.07/2022. PT. Bank Syariah Indonesia must compensate customers for damages caused by system malfunctions and unlawful acts (PMH) according to Article 11 of POJK No. 6/POJK.07/2022 regarding the prohibition of providing consumers' personal data and/or information. Bank Syariah Indonesia must be responsible for the leakage of customer data without the need for proof of fault, as sanctions for data breaches have been regulated in Article 3, paragraph 3, of POJK No. 6/POJK.07/2022.

Juridical Review of Legal Protection of Consumers in Online Selling and Buying Transactions

2024-03-25T01:14:09+00:00

The needs of Indonesian consumers are influenced by the use of online buying and selling transactions in the business world, especially legal protection. Legal protection issues in the e-commerce sector, include issues regarding the rights of parties, especially consumers of buying and selling online. This research aims to determine the extent to which online transactions for buying and selling are protected by consumer law and the legal efforts that consumers can take if an online transaction fails. The research method used in this article is a normative juridical research method. This research is qualitative descriptive. Data used in this research is secondary data which covers Primary, secondary, and tertiary laws. Data collection is a library technique. Qualitative description is used as a data analysis technique. The findings of this research and discussion include consumer rights based on Law Number 19 of 2016 concerning Information and Electronic Law and Law Number 8 of 1999 concerning the Protection of consumers and regulations related to the implementation of online transactions. The protection for consumers is supported by the involvement of various government agencies, national consumer protection agencies, and non-government consumer protection agencies. Conflicts related to non-fulfillment of obligations can be resolved through legal lanes using Law Number 8 of 1999 regarding litigation and non-litigation lawsuits.

Legal Protection For Breastfeeding Female Drug Concerts And The Children Of Prisoners (Study At Class Iii Women's Correctional Institution Mataram)

2024-04-29T10:44:40+01:00

The criminal procedural law comes into force when someone violates criminal law, and the perpetrator is charged as the perpetrator of the criminal act, regardless of their gender. However, male and female prisoners are different in nature, and therefore, protection and support for women who commit crimes, especially those who are breastfeeding, cannot be equated with male perpetrators of crimes. This includes female drug convicts who breastfeed and bring their children with them to prison until the children is 3 years old.

In 2022, Law Number 12 of 1995 concerning Corrections was replaced with Law Number 22, but the norms for implementing imprisonment for women who breastfeed are still regulated in Article 20, paragraphs 1, 3 to 5, of PP No. 32 of 1999 concerning Requirements and Procedures for Implementing the Rights of Correctional Inmates jo. Article 28, paragraphs 3 to 5, of PP 58 of 1999 concerning Requirements and Procedures for Exercising Authority, Duties, and Responsibilities for the Care of Prisoners. The two PPs only determine additional food and health services for sick inmates.

The legislative policy towards female drug convicts who are breastfeeding and children of prisoners in Correctional Institutions is contained in Article 9 and Article 62, paragraphs (1), (2), and (4) of Law Number 22 of 2022 concerning Corrections, which stipulates prisoners' rights. Of the twelve prisoners' rights closely related to female drug prisoners who are breastfeeding and children of prisoners, the right to receive physical care, adequate health and food services by nutritional needs, and social services are particularly relevant.

The Mataram Class III Women's Penitentiary implemented this policy by providing breastfeeding inmates with the same room as their children. The inmates who breastfeed did not participate in skills training since they focused on looking after and breastfeeding their children. For the psychological and spiritual development of prisoners, a psychological and spiritual approach is carried out collaboratively by Development Officers and psychologists, while for spiritual matters, they collaborate with the Ministry of Religion. Inmates' children played in the playground in the prison before it was renovated, and during Covid-19, they stayed in their room since there were no visits.

Regarding health services, the prison provides a clinic inside the prison and 4 nurses who provide primary health services for prison residents. Still, if the health condition of the prisoner and the prisoner's children cannot be handled by prison nurses or requires further action from a doctor, the prisoner, and the prisoner's children are referred to the Mataram City Community Health Center, Army Hospital, or Mataram City Hospital, which has a collaboration with the Prison according to the Prison SOP. Adequate food according to nutritional needs, additional food, and limited social services for breastfeeding prisoners and children of prisoners in prison are provided. However, social services for health care outside prison, both Community Health Centers and Hospitals, use each prisoner's funds, even if they receive assistance from Diskes specifically for emergencies when the prisoner concerned and their family are financially unable.

Legal Protection of Mangrove Forest in the Coastal Area of Bima Bay

2024-03-04T01:39:36+00:00

Mangrove forests, as a natural resource, are essential for human life, from economic, cultural, tourism, religious, environmental, and health aspects. This research aimed to study and analyze the forms of legal protection for mangrove forests in the coastal area of Bima Bay and to study and analyze the efforts made by the Bima City and Regency governments to protect mangrove forests along the Asakota coast. This research was empirical legal research; the methods used were the statutory, conceptual, and Socio-legal approaches. Legal materials and data sources used were from library materials consisting of primary, secondary, and tertiary legal materials and field data in the form of primary and secondary data. Analysis using descriptive qualitative. The results show that the government's legal protection of mangrove forests, including the mangrove forest areas in the coastal area of Bima Bay, includes preventive and repressive legal protection. Preventive legal protection is carried out by establishing legal rules, socializing and implementing legal rules, and implementing supervision. Meanwhile, repressive legal protection is by law enforcement and legal sanctions to legal entities or individuals who use mangrove forest areas in the coastal area of Bima Bay without permission. The efforts made by the Bima City and Bima Regency governments to protect mangrove forests along the coast of Asakota are by educating people to be more aware of the contribution of mangrove forests for human life and the environment; Carrying out rejuvenation by replanting in damaged areas and new areas along the coast of Bima Bay, as well as maintaining and protecting the existence of mangrove forests with the central government.

Blockchain Arbitration in Confidentiality and Impartiality Principles: Lex Digitalis Arbitri

2024-03-16T08:32:26+00:00

Kleros blockchain arbitration presents a promising solution for faster, more cost-effective, and more secure arbitration in digital environment. However, it comes with significant challenges; confidentiality and impartiality. Arbitration is often chosen due to its confidentiality. Examining Kleros’ blockchain arbitration, it becomes apparent that the platform lacks of confidentiality regime and therefore raising a number of probable issues. The anonymity of Kleros jurors complicates the matters, makes it challenging to establish trust, legally bind jurors, monitor compliance, and address potential jurors’ misconduct. Additionally, jurors’ anonymity prohibits disclosure of pertinent information, which may rise justifiable doubts, thereby resulting in jurors’ impartiality are questioned. Therefore, this article advocates for Kleros to reconsider their strict anonymity policy and to introduce confidentiality and impartiality provisions in order to align more with the established legal practices in digital arbitration environment (Lex Digitalis Arbitri).