KEBIJAKAN PIDANA DALAM PELANGGARAN HAK CIPTA

2020 ◽  
Vol 7 (4) ◽  
Author(s):  
Yoyo Arifardhani
Keyword(s):  
Qualitative Research ◽  
Criminal Law ◽  
Research Method ◽  
Copyright Infringement ◽  
Qualitative Research Method ◽  
Criminal Sanctions ◽  
Legal Relationship ◽  
The Law

AbstractThe legal relationship between the creator / owner of rights Associated with copyright infringers is essentially a "private to private" relationship (privaaatrechtelijk). However, in Law Number 28 Year 2014 concerning Copyrights, criminal sanctions for copyright infringement are regulated, because certain matters constitute a highly despicable act in which other mechanisms other than criminal are deemed ineffective. This research uses a qualitative research method with a literature approach and a statute approach. The results of the study stated that the application of criminal sanctions by the drafters of the law was placed as ultimum remidium because basically the victims of copyright infringement preferred to restore rights in the form of civil damages.Keywords: Criminal Law, Violation, Copyright AbstrakHubungan hukum antara Pencipta/pemilik Hak Terkait dengan pelanggar hak cipta pada hakikatnya adalah hubungan “privat to privat” (privaaatrechtelijk). Namun, dalam Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta diatur sanksi pidana terhadap pelanggaran hak cipta, karena untuk hal-hal tertentu merupakan perbuatan yang sangat tercela dimana mekanisme lain selain pidana dianggap tidak efektif. Penelitian ini menggunakan metode penelitian kualitatif dengan pendekatan literatur (literature approach) dan pendekatan peraturan perundang-undangan (statute approach). Hasil penelitian menyatakan bahwa penerapan sanksi pidana oleh penyusun undang-undang ditempatkan sebagai ultimum remidium karena pada dasarnya pihak korban pelanggaran hak cipta lebih memilih pemulihan hak dalam bentuk ganti rugi perdata.Kata Kunci: Hukum Pidana, Pelanggaran, Hak cipta

scholarly journals Memahami Mukjizat Al-Qur’an Perspektif Tasyri’, Mafaatihul Ghaib, dan Sains

2021 ◽  
Vol 5 (2) ◽  
pp. 801
Author(s):  
Mustaqim Mustaqim ◽  
Marjai Afan ◽  
Muchamad Chairul Umam
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Human Mind ◽  
Qualitative Research Method ◽  
The Earth ◽  
Library Research ◽  
The Future ◽  
Ancient Times ◽  
The Creation ◽  
The Law

Understanding the Miracles of the Qur'an from the Perspective of Tasyri', Mafaatihul Ghaib, and ScienceThis article aims to examine the miracles of the Qur'an in terms of tasyri’, Mafaatihul Ghaib, and science. In this article, researchers use qualitative research method (library research) which focuses on the study of miracle materials of al-Kariim Qur'an. As for the Qur'an in conveying laws that are taklifi  (loading) is special, by explaining the benefits, prohibitions, orders, madhorotnya, silence, prohibition and all aspects of the law. Then the miracle on the aspect of Mafaatihul Ghaib that the Qur'an contains some occult events that have been and will occur since ancient times until the future that can not be received only with human mind. While the miracle in the aspects of science in the Qur'an is explained about the process of the occurrence of the heavens and the earth, the elements of compounds, and also the function of the creation of mountains for the balance of the earth. Among them are the miracles described in the Qur'an, and of course there are many more aspects that become discussions about the miracles of the Qur'an

scholarly journals Penggunaan Kosmetik Berbahaya dalam Persfektif Hukum Islam

2021 ◽  
Vol 15 (1) ◽  
pp. 53-64
Author(s):  
Lesnida Lesnida
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Islamic Law ◽  
Data Sources ◽  
Qualitative Research Method ◽  
Inspection Agency ◽  
Library Research ◽  
The Law ◽  
The Impact

The rampant circulation of dangerous cosmetics is something that needs to be watched out for, because in addition to violating the law, its existence can also endanger its users. Cosmetics that basically function as self-decoration turn into self-destructors. On that basis, this study aims to analyze the law on the use of harmful cosmetics in the perspective of Islamic law. This study uses a qualitative research method based on library research. The main data sources are the Qur'an and Hadith, and the supporting data sources are the thoughts of the four imams of the schools (Hanafi, Maliki, Shafi'i, and Hambali) and fatwa the Indonesian Ulama Council. The results of the study indicate that the use of harmful cosmetics is forbidden in Islam, this is in accordance with the word of Allah in the Qur'an Surah al-Ahzab verse 33. All the Imams of the Schools state that the factors of the prohibition of cosmetics are seen from three things, namely the ingredients of manufacture, the method of making them, and the impact it has. If one of the three things is haram, then the cosmetic is not allowed to be used. In addition, in terms of use, Muslims should use cosmetics that have been registered with the Food and Drug Inspection Agency, and also have a halal label issued by the Indonesian Ulama Council.

Perempuan dan Liminalitas dalam Tradisi Perkawinan Adat di Timor Tengah Selatan

2020 ◽  
Vol 6 (1) ◽  
pp. 114
Author(s):  
Marsel Eliaser Liunokas
Keyword(s):  
Qualitative Research ◽  
Research Method ◽  
Literature Study ◽  
Qualitative Research Method ◽  
South Central ◽  
A Value ◽  
Traditional Marriage ◽  
The Village ◽  
As If

Timorese culture is patriarchal in that men are more dominant than women. As if women were not considered in traditional rituals so that an understanding was built that valued women lower than men. However, in contrast to the article to be studied, this would like to see the priority of women’s roles in traditional marriages in Belle village, South Central Timor. The role of women wiil be seen from giving awards to their parents called puah mnasi manu mnasi. This paper aims to look at the meaning of the rituals of puah mnasi maun mnasi and the role and strengths that women have in traditional marriage rituals in the village of Belle, South Central Timor. The method used for this research is a qualitative research method using interview techniques with a number of people in the Belle Villa community and literature study to strengthen this writing. Based on the data obtained this paper shows that the adat rituals of puah mnasi manu mnasi provide a value that can be learned, namely respect for women, togetherness between the two families, and brotherhood that is intertwined due to customary marital affrairs.

KEBIJAKAN KRIMINALISASI DALAM UNDANG-UNDANG DI BIDANG POLITIK

Jurnal Hukum ◽  
2016 ◽  
Vol 31 (1) ◽  
pp. 1592
Author(s):  
Hanafi Amrani
Keyword(s):  
Criminal Law ◽  
Administrative Law ◽  
Moral Values ◽  
Criminal Sanction ◽  
Criminal Sanctions ◽  
The Law

AbstrakArtikel ini membahas dua permasalahan pokok: pertama, kriteria yang digunakan oleh pembentuk undang-undang di bidang politik dalam menetapkan suatu perbuatan sebagai perbuatan pidana (kriminalisasi); dan kedua, fungsi sanksi pidana dalam undang-undang di bidang politik. Terkait dengan kriminalisasi, undang-undang di bidang politik yang termasuk ke dalam hukum administrasi, maka pertimbangan dari pembuat undang-undang tentu saja tidak sekedar kriminalisasi sebagaimana diatur dalam ketentuan hukum pidana dalam arti sebenarnya. Hal tersebut disebabkan adanya pertimbangan-pertimbangan tertentu. Pertama, perbuatan yang dilarang dalam hukum pidana administrasi lebih berorientasi pada perbuatan yang bersifat mala prohibita, sedangkan dalam ketentuan hukum pidana yang sesungguhnya berorientasi pada perbuatan yang bersifat mala in se. Kedua, sebagai konsekuensi dari adanya penggolongan dua kategori kejahatan tersebut, maka pertimbangan yang dijadikan acuan juga akan berbeda. Untuk yang pertama (mala prohibita), sanksi pidana itu dibutuhkan untuk menjamin ditegakkannya hukum administrasi tersebut. Dalam hal ini sanksi pidana berfungsi sebagai pengendali dan pengontrol tingkah laku individu untuk mencapai suatu keadaan yang diinginkan. Sedangkan untuk yang kedua (mala in se), fungsi hukum pidana dan sanksi pidana lebih berorientasi pada melindungi dan mempertahankan nilai-nilai moral yang tertanam di masyarakat tempat di mana hukum itu diberlakukan atau ditegakkan. Kata Kunci: Kebijakan, Kriminalisasi, Undang-Undang PolitikThis article discusses two main problems: firstly, the criteria used by the legislators in the field of politics in determining an act as a criminal act (criminalization); secondly, the function of criminal sanctions in legislation in the field of politics. Associated with criminalization, legislation in the field of politics that is included in administrative law, the consideration of the legislators of course not just criminalization as stipulated in the provisions of criminal law in the true sense. This is due to certain considerations. Firstly, the act which is forbidden in the administration of criminal law is more oriented to act is malum prohibitum offences, whereas in actual criminal law provisions in the act are mala in se offences. Secondly, as a consequence of the existence of two categories of classification of the crime, then consideration will also vary as a reference. For the first (mala prohibita), criminal sanctions are needed to ensure the enforcement of the administrative law. In this case the criminal sanction serves as controller and controlling the behavior of individuals to achieve a desired state. As for the second (mala in se), the function of criminal law and criminal sanctions is more oriented to protect and maintain the moral values that are embedded in a society where the law was enacted or enforced.

PENTINGNYA PENDIDIKAN UNTUK TANAMKAN SIKAP TOLERAN DI MASYARAKAT

2019 ◽  
Author(s):  
Muawanah
Keyword(s):  
Qualitative Research ◽  
Multicultural Education ◽  
Professional Education ◽  
Research Method ◽  
Qualitative Research Method ◽  
Education Management ◽  
The Creation

The purpose of applying education to instill tolerance in society is to form citizens who can realize a common civilization in the life of nation and state, and able to create Indonesian people as a whole. Education is one way to instill tolerant. As for efforts education to instill tolerant attitude in society through: 1) multicultural education and character; 2) education with national insight; and 3) professional education management. The method used in this writing is a qualitative research method descriptive library studi. Expected with education so the community can respect the diversity and eliminate suspicion and discrimination so that the creation of a tolerant society.

scholarly journals Exploring the consequences of teachers’ self-efficacy: a case of teachers of English as a foreign language

2020 ◽  
Vol 5 (1) ◽  
Author(s):  
Goudarz Alibakhshi ◽  
Fariborz Nikdel ◽  
Akram Labbafi
Keyword(s):  
Job Satisfaction ◽  
Qualitative Research ◽  
Foreign Language ◽  
Self Efficacy ◽  
Teaching Practices ◽  
Research Method ◽  
Structured Interviews ◽  
Qualitative Research Method ◽  
Burn Out ◽  
Efl Teachers

AbstractTeacher self-efficacy has been abundantly studied. However, it seems that the consequences of teachers’ self-efficacy have not been appropriately explored yet. The research objective was to investigate the consequences of teachers’ teaching self-efficacy. The researchers used a qualitative research method. They collected the data through semi-structured interviews with 20 EFL teachers who were selected through purposive sampling. The interviews were content analyzed thematically. Findings showed that self-efficacy has different consequences: pedagogical, learner-related, and psychological. Each consequence has several sub-categories. It is concluded that high self-efficacy affects teachers’ teaching practices, learners’ motivation, and achievement. It also affects teachers’ burn-out status, psychological being, as well as their job satisfaction. The findings can be theoretically and pedagogically important to EFL teachers, teacher-trainers, and administrators of educational settings.

INOVASI PEMBELAJARAN AKIDAH AKHLAK ABAD 21 DENGAN METODE MULTIPLE INTELEGENCES

2021 ◽  
Vol 1 (1) ◽  
pp. 16-25
Author(s):  
Saibah Saibah
Keyword(s):  
Qualitative Research ◽  
Data Analysis ◽  
Multiple Intelligences ◽  
Research Method ◽  
Multiple Intelligence ◽  
Learning Motivation ◽  
Seventh Grade ◽  
Learning Methods ◽  
Qualitative Research Method ◽  
Inductive Analysis

Education in the 21 century requires educators to be more creative, but there are still many educators who use monotonous learning methods so that students tend to get bored and ignore learning. Purpose of this study was to determine the effectiveness of the use of multiple intelligence learning methods when applied in learning Akidah Akhlak. This study uses a qualitative research method with a phenemonological approach. The phenemonological approach used is the Schutz approach. Data analysis is an inductive analysis. The subjects that became the focus of this study were the Akidah Akhlak education teachers, seventh grade students of SMP Muhammadiyah one Jember. The results of the research of the Multiple Intelligences method are effective in learning because it can provide learning motivation to students and are able to hone the intelligence of each student.

Engineering Students’ Perspectives on Progress Tracking and Badge Features

2021 ◽  
Vol 1 (1) ◽  
pp. 94-99
Author(s):  
Vina Zahrotun Kamila ◽  
Islamiyah ◽  
Ade Nugraha ◽  
Nazila Fairuz Assyifa ◽  
Rara Puspa Aisyah
Keyword(s):  
Qualitative Research ◽  
Content Analysis ◽  
Research Method ◽  
Engineering Students ◽  
General View ◽  
Qualitative Research Method ◽  
Campus Environment ◽  
Open Questions ◽  
Online Forms ◽  
Phenomenological Design

The purpose of this study was to examine the opinions of engineering students from various departments regarding the progress tracking and digital badge features applied in courses in the Learning Management System (LMS). The phenomenological design which is a qualitative research method is used in this study. Online forms with close and open questions were used to collect data. The study was conducted with a total of 226 students, who studied in 5 different departments. The data is subject to content analysis. According to the research results, students stated that the features tested triggered motivation to complete assignments and develop other students. As for the opinion of some students that these features should be held in every course in the LMS. Despite the general view of an LMS equipped with these features (Moodle), their general view of the features, especially the progress tracking feature and digital badges is quite good. What needs to be questioned is the willingness of lecturers and policymakers to apply it consistently in the campus environment.

Seni Dalam Persfektif Hadist (Kajian Ma`ani Persfektif Muhammadiyah)

Bayani ◽  
2021 ◽  
Vol 1 (2) ◽  
pp. 129-142
Author(s):  
Ahmad Rifai
Keyword(s):  
Qualitative Research ◽  
Social Media ◽  
Research Method ◽  
Art And Design ◽  
Art Program ◽  
Design Program ◽  
The Law ◽  
The University

The law of art in Islam is hotly told on social media, Calls for the illegality of art echo on social media. Muhammadiyah began to pursue art by opening an art and design program at the muhammadiyah university, including at the University of Muhammadiyah Bandung. This is interesting to study, to find out the purpose of Muhammadiyah in opening an art program when the call for illegal art to go viral on social media. The purpose of this study is to find out the principles and laws of art in Muhammadiyah. This research method uses qualitative research by examining hadith about art. The hadith approach used is the science of riwayah hadith and the science of ma'ani hadith. In conclusion, there is a hadith that forbids images and statues, there is a hadith that allows making dolls for toys, draw clothes, and draw lifeless creatures. The law of art in Muhammadiyah is allowed if it is closer to monotheism and benefit. the law of art is forbidden if it leads to polytheism.

The Law Enforcement Weakness of Songs and Musics Copyright Crimes

2021 ◽  
Vol 3 (1) ◽  
pp. 139-154
Author(s):  
Edi Tuahta Putra Saragih ◽  
Muhammad Citra Ramadhan ◽  
Isnaini Isnaini
Keyword(s):  
Law Enforcement ◽  
Research Method ◽  
Copyright Infringement ◽  
Copyright Law ◽  
Cultural Factor ◽  
Legal Research ◽  
The Real ◽  
The Law ◽  
Real Picture

This research aimed to: (a) obtain the forms of copyright infringement of songs and/or music (with or without lyrics); (b) understand the role of the police, in this case the Police Precinct, in the law enforcement; (c) identify the factors that influenced the law enforcement. The research method used the normative-empirical legal research, with the initial stages of specifying norms in order to get the proper picture, and then specifying empirical events in order to get the real picture. The research results showed several matters: 1) The forms of copyright infringement of songs and/or music (with or without lyrics) found included: the distribution of the works or the copies, the performances of the works, and the announcements of the works; 2) Police Precinct did notultimately carry out their role as a law enforcer for the copyright infringement of songs and/or music (with or without lyrics); and 3) The factors that influenced the law enforcement on the copyright infringement of songs and/or music (with or without lyrics), namely: legislation factor, in the matter of complaint offenses; law enforcement factor, in terms of the capacity of members; less supportive factor of facilities and infrastructure; legal awareness factor, in the problem of the lack of legal counseling; and cultural factor, related to the differences in norms in the copyright law between those in society and those in regulations. 

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