scholarly journals The Role of Legal Opinion as Legal Problem Solving Method

2020 ◽  
Vol 3 (1) ◽  
pp. 19-27
Author(s):  
Herowati Poesoko ◽  
Anak Agung Sagung Laksmi Dewi
Keyword(s):  
Problem Solving ◽  
Research Method ◽  
Legal Issues ◽  
Legal Issue ◽  
Legal Problem ◽  
Legal Research ◽  
Depth Of Knowledge ◽  
Legal Opinions ◽  
Legal Opinion

This study aims to describe Legal Opinion as a Legal Problem Solving Method. The method used in this study is normative legal research; meanwhile the approach used in this study is legal research method. The results revealed that firstly based on legal issues which certainly cannot be separated from the field of law to be studied, while the preparation of legal opinions depends on the depth of knowledge of the legal field what will be found, it is seen in the analysis used in order to find legal problem solving that can be prescription of the legal issue. Therefore, the role of legal opinion in the structure of the layer of legal science can be useful as a method in developing practical law or in developing theoretical law.  

scholarly journals Kedudukan Legal Opinion sebagai Sumber Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 54
Author(s):  
Ery Agus Priyono ◽  
Kornelius Benuf
Keyword(s):  
Legal Issue ◽  
Legal Problem ◽  
Legal Opinions ◽  
Legal Expert ◽  
Legal Opinion

Law is a means to achieve the order and welfare of the community. One of the sources of law is doctrine. The doctrine is essentially the opinion of a legal expert on a real legal issue. When discussing legal opinions, the term legal opinion is also known. Doctrine and Legal Opinion are mostly the same, namely the legal opinion of a legal expert on a real legal problem. If we agree that Doctrine and Legal Opinion are the same way in much of the literature that is mentioned as a source of law is the only doctrine, whereas where is legal opinion placed in the formation of a law? This paper will explain the position of Legal opinion as a source of law.

scholarly journals Kedudukan Legal Opinion sebagai Sumber Hukum

2020 ◽  
Vol 2 (1) ◽  
pp. 54
Author(s):  
Ery Agus Priyono ◽  
Kornelius Benuf
Keyword(s):  
Legal Issue ◽  
Legal Problem ◽  
Legal Opinions ◽  
Legal Expert ◽  
Legal Opinion

Law is a means to achieve the order and welfare of the community. One of the sources of law is doctrine. The doctrine is essentially the opinion of a legal expert on a real legal issue. When discussing legal opinions, the term legal opinion is also known. Doctrine and Legal Opinion are mostly the same, namely the legal opinion of a legal expert on a real legal problem. If we agree that Doctrine and Legal Opinion are the same way in much of the literature that is mentioned as a source of law is the only doctrine, whereas where is legal opinion placed in the formation of a law? This paper will explain the position of Legal opinion as a source of law.Keywords: Doctrine, Legal Opinion, Legal Sources

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. 

scholarly journals TanggungJawab Polri dalam Pengamanan Calon Kepala dan Wakil Kepala Daerah di Kota Denpasar

2021 ◽  
Vol 2 (3) ◽  
pp. 558-562
Author(s):  
Dimas Putra Wicaksana ◽  
Agung Anak Sagung Laksmi Dewi ◽  
Luh Putu Suryani
Keyword(s):  
Research Method ◽  
Secondary Data ◽  
Legal Research ◽  
Responsible Action ◽  
National Police ◽  
Article 5 ◽  
Security Procedures

The responsibility of the National Police in securing the candidates who will be elected as regional heads and also their deputy is a responsible action during the regional head elections, therefore the police apparatus is very important in maintaining security and order during the election. This study examines the form of security for candidates for regional heads and deputy regional heads in Denpasar City and explains the responsibility of the National Police for the security of candidates for regional heads and deputy regional heads in Denpasar City. The research method used is an empirical legal research method, with a statutory approach. The data used are primary and secondary data obtained by interview, observation and documentation techniques. The results of the study indicate that the security procedures for candidates who will be elected as regional heads and also their representatives in Denpasar City are referred to the rules implemented by the Denpasar Police and based on Article 5 paragraph (2) of Law No. 2 of 2002 concerning the Police. While the responsibility of the National Police for the security of candidates who will be elected as regional heads and also their representatives in Denpasar City is as the bearer of obligations, especially under the command of the Chief of Police, one of the main tasks of carrying out these obligations is the role of the Police as an intelligence unit in overcoming potential security disturbances.

Injustice during Night Work for Female Employees: A Lesson from Samarinda, Indonesia

2019 ◽  
Vol 2 (2) ◽  
pp. 32-38
Author(s):  
Rio Arif Pratama ◽  
Bayu Prasetyo ◽  
Asnawi Mubarok ◽  
Ikhwanul Muslim
Keyword(s):  
Research Method ◽  
Research Information ◽  
Legal Research ◽  
Specific Target ◽  
Female Workers ◽  
East Kalimantan ◽  
Legal Provisions ◽  
Female Employees ◽  
Working Rules

Night working rules are legal provisions that give rights to female workers who work from 23:00 p.m.to 07:00 a.m.provided by employers. Night working rules for women have certain characteristics of potential hazards which are different from other profession. This study aims to determine the effectiveness of night working rules for female workers in Samarinda City. The specific target to be achieved in this study is to identify company that employs female workers from 23:00 p.m. to 07:00 a.m. and to review the role of labor inspectors in enforcing night working rules for female workers in Samarinda City. The method of this study is empirical legal research method which is analyzed qualitatively. The results of the study will be described analytically. The results of this study found that there were many violations of the night working rules, besides that female workers did not know what rights they should have gotten from their employers. The role of labor inspectors is still ineffective, even in some places there were some companies which night working rules had not been supervised by labor inspector. The implications of this research will be submitted to the Department of Manpower and Transmigration of East Kalimantan Province as a contribution of research information on the effectiveness of night working rules for female workers in Samarinda City.

PENYELEWENGAN TUJUAN PENDIRIAN BADAN USAHA PENUNJANG KEGIATAN OLEH LEMBAGA YAYASAN DALAM PERSPEKTIF UNDANG-UNDANG YAYASAN

2020 ◽  
Vol 17 (1) ◽  
pp. 31-43
Author(s):  
Ida Bagus Bayu Brahmantya
Keyword(s):  
Research Method ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Research ◽  
Real Effect ◽  
Historical Approach ◽  
Set Up ◽  
Article 5

This research is entitled "Misappropriation of Establishment Objectives of Supporting Business Activities by Foundation Institutions in Foundation Law Perspectives." The background of this research is the opportunity to misuse Foundation institutions that can occur because the Foundation can carry out business activities to achieve the aims and objectives of establishing the Foundation with how to set up a business entity or participate in a business entity. Article 5 of the Foundation Law stipulates that the wealth of the Foundation, including the proceeds of the Foundation's business activities, is the full wealth of the Foundation to be used to achieve the aims and objectives of the Foundation. Criminal provisions against violations of the Article are regulated in Article 70 of the Foundation Law, for those who violate the provisions of imprisonment for a maximum of 5 (five) years and are obliged to return it. Article 6 of the Foundation Law is used as a shield against the prohibition. This study focuses on two legal issues, namely, how is the Foundation's business activities to obtain profits as capital in managing the Foundation according to the Foundation Law? And what about sanctions for misappropriation of a Foundation's business activities according to the Foundation Law? The research method used in analyzing legal issues in this study is the normative legal research method. This normative legal research is carried out using the statutory approach, the historical approach to the comparative approach. Based on the analysis, it is known that the Foundation Law uses the method of prevention by including provisions that do not allow or at least, complicating the misuse of the foundation by the organs of the Foundation. However, in the Foundation Law there is a legal obscurity that affects the attitude and quantity of non-compliance and has a real effect on legal behavior, including the behavior of lawbreakers. Keywords: Foundation, Criminal, Business Entity, Misappropriation.

scholarly journals Cyber Espionage Sebagai Ancaman Terhadap Pertahanan Dan Keamanan Negara Indonesia

2021 ◽  
Vol 1 (1) ◽  
pp. 12-25
Author(s):  
Evi Dwi Hastri
Keyword(s):  
Cyber Security ◽  
Research Method ◽  
Comparative Approach ◽  
National Defense ◽  
Cyber Defense ◽  
Legal Research ◽  
Conceptual Approach ◽  
Cyber Espionage ◽  
The Stability

This research aims to analyze the norms that have a blur (Vague Norm) against Cyber Espionage related to Indonesia's legal ability to accommodate Cyber Espionage attacks. In addition, this study also aims to analyze Indonesia's efforts to overcome the Cyber Espionage attack that could threaten the stability of national defense and security. The type of research in the legal research method used is normative juridical with three problem approaches, namely the Statute Approach, Conceptual Approach, and Comparative Approach. Primary and secondary legal materials that have been collected will be processed through deductive methods and an analysis of legal materials is carried out, namely by systematic interpretation and extentive interpretation. So based on the results of the discussion, then there is a Vague Norm about Cyber Espionage that affects Indonesian law in accommodating. The efforts taken by Indonesia to deal with Cyber Espionage outside of juridical efforts began with the preventive efforts of Cyber Security and Cyber Defense, optimizing the role of the TNI, BIN, and POLRI as national resources in defending the country's defense.

scholarly journals LEGAL PROTECTION OF PRIVACY DATA THROUGH ENCRYPTION TECHNOLOGY

2020 ◽  
Vol 1 (2) ◽  
pp. 61
Author(s):  
Thania Christy Corne
Keyword(s):  
International Law ◽  
Research Method ◽  
Legal Protection ◽  
Electronic System ◽  
Legal Issues ◽  
Legal Research ◽  
Human Right ◽  
State Security ◽  
Digital World ◽  
Technological Developments

Technological developments in the era of globalization bring humans into the digital age. All things will directly contact with an electronic system. And so with the data, some of the data among this world is privacy. That’s why encryption is needed to be applied. Initially, encryption was used as a privacy data protector, but in its development encryption gave birth to problems in the legal field. Where criminals use encryption as a shield for their crimes. Therefore, legal issues arise, whether for reasons of government or state security can have access to one’s privacy data. How does international or national law regulate the issue of using decryption of encryption technology? The method used in this paper is a juridical-normative comparative legal research method. The result shows that international law does not regulate the use of encryption in protecting privacy data in the digital world comprehensively because some of the countries claim that the use of encryption is a part of human right, on the other hands some country has another vision on national security.

scholarly journals Dilema Hakim Pengadilan Agama dalam Menyelesaikan Perkara Hukum Keluarga Melalui Mediasi

2021 ◽  
Vol 4 (1) ◽  
pp. 115-124
Author(s):  
Erie Hariyanto ◽  
Moh. Efendi ◽  
Sulistiyawati Sulistiyawati
Keyword(s):  
Supreme Court ◽  
Research Methods ◽  
Research Method ◽  
Family Law ◽  
Legal Research ◽  
The One ◽  
Religious Courts

This article aims to determine the role of judges in resolving family law cases through mediation in the Religious Courts, where judges have the position as state officials as regulated in Law Number 43 of 1999 concerning Basic Personnel, can also be a mediator in the judiciary. as regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures where judges have the responsibility to seek peace at every level of the trial and are also involved in mediation procedures. The research method used in this article uses normative legal research methods. Whereas until now judges still have a very important role in resolving family law cases in the Religious Courts due to the fact that there are still many negotiating processes with mediation assisted by judges, even though on the one hand the number of non-judge mediators is available, although in each region it is not evenly distributed in terms of number and capacity. non-judge mediator.

scholarly journals Position Replacement By Inheritee Who Refuses A Heritage According To Heir Civil Law Dan Islamic Heir Law

2018 ◽  
Vol 2 (2) ◽  
pp. 153-165
Author(s):  
Gibtha Wilda Permatasari ◽  
Yuliati Yuliati ◽  
Herman Suryokumoro
Keyword(s):  
Research Method ◽  
Islamic Law ◽  
Civil Law ◽  
Legal Issues ◽  
Comparative Approach ◽  
Legal Certainty ◽  
Inheritance Law ◽  
Research Journal ◽  
The Law

This research journal discusses legal issues relating to the substitution of places made by the heirs who previously rejected the inheritance which falls to him by comparison of the perspectives of civil inheritance law and Islamic inheritance law. Pursuant to Article 848 and Article 1060 of the Civil Code on the replacement of the place by the heirs who reject the inheritance and the notary's role as a general official in providing legal certainty to prevent the issue of inheritance according to the law of civil inheritance and the Islamic inheritance law. The purpose of this research is to know and to analyze whether or not the heirs who have rejected inheritance replace other heirs as well as to know the role of notary in giving legal certainty to prevent problems in the civil inheritance law and Islamic inheritance law. The research method used by the writer is the statue approach and comparative approach. Heirs who reject inheritance under civil law of inheritance cannot change place (plaatsvervulling) because the requirement of replacement of place according to the law of civil inheritance is derived from families of blood in the same degree and not reject the inheritance. The replacement of places in Islamic inheritance law is known as mawali however, Islamic law does not recognize the denial of inheritance only known in the law of civil inheritance.

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