Analisis Yuridis Terhadap Undang- Undang Nomor 15 Tahun 2003 jo Undang- Undang Nomor 5 Tahun 2018 Tentang Pemberantasan Tindak Pidana Terorisme Dalam Hubungan Dengan Hak Azasi Manusia

Tindak pidana terorisme merupakan suatu kejahatan luar biasa (Extra Ordinary Crime) dan dikatagorikan pula sebagai kejahatan terhadap kemanusiaan (Crime Against Humanity), terorisme mengandung arti sebagai penggunaan atau ancaman yang menggunakan kekerasan atau ancaman kekerasan serius terhadap seseorang atau lebih, kerugian terhadap harta benda, membahayakan kehidupan seseorang atau lebih, penggunaan atau ancaman didesain untuk mempengaruhi pemerintah atau untuk mengintimidasi publik atau bagian tertentu dari publik, penggunaan atau ancaman dibuat dengan tujuan politik, agama atau ideologi, dan penggunaan atau ancaman yang menggunakan senjata api dan bahan peledak.Meningkatnya gerakan aksi terorisme akhir- akhir ini, yang ditandai terjadinya seretetan ledakan bom pertama kali terjadi di Bali tahun 2002, hotel JW Marriot, Kedubes Australia, hotel Rizt Carlton, Plaza Sarinah Thamrin tahun 2016, Kampung Melayu Jakarta, Medan, Surabaya hingga yang teranyar terjadi didepan Gereja Katedral Makassar Sulawesi Selatan pada Minggu pagi tanggal 28 Maret 2021. Rentetan peristiwa pengeboman mengakibatkan hilangnya nyawa serta kerugian harta benda, sehingga menimbulkan kesan dan pengaruh yang negatif terhadap kehidupan sosial, ekonomi, politik dan hubungan Indonesia dengan dunia internasional.Tindak pidana terorisme sangat menganggu keamanan, ketertiban dan kesejahtraan masyarakat, sehingga perlu diambil langkah- langkah dalam upaya pencegahan dan pemberantasannya melalui penerapan Undang- Undang Nomor 15 Tahun 2003 jo Undang- Undang Nomor 5 Tahun 2018, tentang Pemberantasan Tindak Pidana Terorisme. Dalam praktik, dari hasil analisis yuridis terdapat beberapa pasal yang dianggap krusial yang dapat menimbulkan multitafsir dan dikhawatirkan dapat disalah-gunakan dalam penerapannya, yang dirasakan dapat memperkosa hak- hak azasi manusia.

Penerapan Peradilan Adat Berbasis Kuasi Yudisial Dalam Memutus Sengketa Adat

The customary court is not a judicial institution that can decide a dispute with the direction of justice as in the national court so that recognition of customary decisions does not get permanent legal force which results in legal uncertainty in dispute resolution through customary court institutions. Thus, there is an idea that is offered in this research that implements customary courts as quasi-judicial in resolving customary disputes. Through normative juridical research, it is found that: first, the position of customary courts is only limited to deliberative dispute resolution, and in the judicial hierarchy its position is not recognized. Second, the quasi-judicial model that can be applied in customary courts can emulate KPPU in deciding disputes where to obtain permanent legal force, the KPPU's decision needs to be ruled by a district court, and if some object to the verdict, they can file an objection legal remedy in the domestic court. a period of 14 days from receipt of the decision on the parties.

Perlindungan Hukum terhadap Hak Pekerja Perempuan Di Masa Pandemi Covid-19

The world is currently being faced by a global covid-19 pandemic, including in Indonesia this pandemic is very disturbing to the public. Manpower development must be regulated in such a way that basic rights and protections for workers are fulfilled, especially for women workers so as to create conducive conditions. The purpose of this paper is to find out the policies issued by companies for workers, especially women workers during the Covid-19 pandemic. This writing method is library research, which is a series of research related to library data collection methods, or research where the object of research is excavated through a variety of library information. The results obtained in this paper are that the company policies that terminate employment of women during the Covid-19 pandemic are protected by Law Number 13 of 2003 concerning Manpower, the losses caused by the company have not reached 2 years, the company cannot simply terminate the work relationship, Then there needs to be other efforts provided by companies or the government in overcoming the impact of Covid-19 on laid-off workers so that they can limit working time / overtime and workers can be sent home without breaking the work relationship The suggestion is expected that the government should supervise and act decisively against companies that employ female workers.

Refleksi Atas Pemisahan Pemilu Nasional dan Pemilu Local

The holding of general elections is held simultaneously in Indonesia as part of the success of democracy. Various legal problems arise from the tenure of public officials which will not end when the implementation of a democratic party simultaneously is carried out. This research uses the normative juridical method which is carried out in response to the urgency of separating national and regional elections in the implementation of a five-box election, can increase the workload and can potentially eliminate the lives of Kpps officers besides that it is not only a matter of management management, but also its relevance to the government system and purity. Voting rights, the existing concurrency design impact on the non-optimal implementation of voting rights and the insecurity of the election process according to the principles of honesty and fairness. To understand that, the problem of simultaneous election struggles occurs after the simultaneous implementation of consuming many victims with a five-box system but the potential if it is not carried out simultaneously will also result in the weakness of the president's position to align the government agenda and development agenda because the regional head is an extension of the central government, at the same time as the organizer of regional autonomy for the purpose of national development, will face changes in the political configuration.

Doktrin Safe Harbor: Upaya Perlindungan Hak Cipta Konten Dalam Platform User Generated Content

Along with the rapid development of technology, social media platforms can be used to sharpen human creativity by uploading opinions, images, videos, sounds and so on as a form of user copyright. A digital platform that actively invites its users to upload copyrighted content is called the User Generated Content Platform ("UGC"). UGC's social media accounts are vying to be judged viral, so few accounts are 'stealing' content instead of his work in order to gain that reputation. Furthermore, the account is used commercially using a paid promote system or paid promotional services. This phenomenon often occurs on Instagram platforms with paid promotional systems that take Twitter content without permission. The purpose of this writing is to know the legal protection in the content of Twitter's UGC platform which is re-uploaded and monetized with a paid promotion system without rights on Instagram by Indonesian copyright law. Furthermore, the author carries the idea of providing protection to the UGC platform by applying the safeharbor doctrine in the event of copyright infringement by users of the platform. In reviewing this study, the authors used normative juridical approach methods, by examining literature as the main research material. The results of this study found that Twitter's re-uploaded and monetized User Generated Content platform content with a paid promotion system on Instagram has been protected by Indonesian copyright law in accordance with Law No. 28 of 2014 on Copyright reaffirmed in accordance with the safe Harbor doctrine contained in the Circular of the Minister of Communication and Informatics No. 5 of 201 on Restrictions on Responsibility of Platform Providers and Merchants of Electronic Commerce in the form of UGC.

Tindak Pidana Pembobolan Dana Nasabah dapat Mengurangi Kepercayaan Masyarakat terhadap Industri Perbankan

The development of the banking industry by entering the current era of globalization and liberalization of financial markets, has resulted in increased competition among banks, especially in fund raising. Therefore, bank management is required to have the skills to manage the bank's wealth, debt and capital reflected in the bank's balance sheet well. A more fundamental of the expertise and skills in managing the bank, it is necessary to be careful and followed by the good faith of the bank management, ranging from the board of commissioners, directors and employees of the bank. This means that bank managers should be the party that always adheres to the high code of banking ethics and complies with all applicable laws and regulations in the banking sector. But in practice, it is not always possible to run well if it is not covered by the possibility of food-storage that leads to fraud by breaking customer funds conducted internally by the bank itself. Of these problems raises fundamental questions, namely (1) What causes the criminal breach of customer funds in the banking industry, and (2) How to resolve the criminal breach of customer funds in the banking industry. To answer both questions, legal research methods are used. Normative juridical approach (legal research), namely research on positive laws by evaluating the relevant rule of law. This approach identifies and codified the law as the norm, rules, regulations related to the criminal breach of customer funds in the banking industry.

Respon Masyarakat Surabaya terhadap Diputuskannya RUU Cipta Kerja Oleh Pemerintah

This article aims to analyze the response of the Indonesian people after the decision on the Job Creation Bill drafted by the DPR. The method used in this research is descriptive qualitative research method by explaining the sociological view of law on the impact resulting from the decision of the Work Creation Bill to become a permanent law. The data collection technique used is to collect literature studies, namely taking from several sources such as journals, articles , news, magazines or other sources related to the topic being discussed. The results of this study are expected to be a reference for future studies and can provide useful knowledge for readers.

Pembinaan Anak yang Berkonflik dengan Hukum Dari Perspektif Restorative Justice (Studi Perbandingan Antara Indonesia dengan Malaysia)

The purposes of this study are 1) To find and analyze institutions authorized to deal with children in conflict with law in Indonesia and Malaysia, and 2) To find and analyze the process of fostering children in conflict with law in Indonesia and Malaysia. The main problems discussed in this study are 1) Guidance institutions that deal with children in conflict with the law in the future must consider respect for the dignity of children in the form of structural and infrastructure perspectives in coaching institutions in other words a child-friendly coaching institution. Furthermore, to provide protection and the needs of the rights of parents of child development institutions in conflict with the law, it is necessary to prepare the rights for parents or guardians of children who will meet and visit. In addition, from the aesthetic and architectural point of view of building institutions for children in conflict with the law must be child-friendly, so as not to be stigmatized such as prisons or correctional institutions generally for adults. 2) Guidance for children in conflict with the law at this time is only a duty and responsibility of the supervisor in the institution, criminal offender and the community alone, so that restorative justice is not achieved. In the future, the development of children in conflict with law in Indonesia needs to use a restorative justice approach. In each stage of its development, guidance for children in conflict with the law is not only oriented to rehabilitation and resocialization of perpetrators but also recovery of victims and people's lives.

Mekanisme Pembentukan Peraturan Nagari yang Baik (Studi di Nagari Gurun Panjang Kecamatan Bayang Kabupaten Pesisir Selatan Sumatera Barat)

This research is descriptive analytic. The method uses in this research is the normative and juridical empiric method. This research is done in Nagari Gurun Panjang Disctrict of Bayang South Pesisir Regency West Sumatera. The techbique of collecting data is interview and document study. Then, the data analyzed qualitatively in descriptive analysis form. The results of research show that: (1) the nagari regulation formed by governance of nagari, consist of BAMUS nagari together walinagari. The existence of nagari regulation in the regulation admitted as one of legal law; (2) the governance of nagari Gurun Panjang has authority and manage his household itself, included in the forming of nagari regulation. The proposal of making nagari regulation can be from walinagari and then discussed between walinagari and BAMUS nagari. After approfing, the nagari regulation then brought by the head of BAMUS nagari to walinagari to be approved (and given to head of regency though head of district; (3) a nagari regulation constists of some parts arranged in a framework. The framework of a nagari regulation concits of six parts; title, introduction, content, closing, explanation (if needed), and attachment (if needed).

Peranan Majelis Pengawas Notaris Daerah terhadap Pelaksanaan Kode Etik Notaris di Kabupaten Serang

The role of the Supervisory Council is very important in fostering and supervising the position of a Notary on an ongoing basis regarding personal behavior in carrying out his position and outside his position as the spearhead of ensuring legal certainty for the public who uses the services of a Notary. Enforcement of the Code of Ethics for the Notary profession is one way to preserve noble values in the Notary profession, so that this noble profession in its implementation will not experience a decrease in quality and even if necessary, obtain an increase in the quality of the profession. The problems examined in this research are: 1) What is the Role of the Regional Notary Supervisory Council on the Implementation of the Notary Code of Ethics in Serang Regency? and 2) What is the Implementation Mechanism for Supervision of the Code of Ethics for Notaries in Serang Regency? The purpose of this study was to determine the role of the Regional Supervisory Council in implementing the Notary Code of Ethics in Serang Regency. This study uses an empirical juridical approach which is used to look at legal aspects of social interaction in society. This research is descriptive-analytic, intended to provide data as accurate as possible about a condition or other symptoms. The results show that the role of the Notary Supervisory Council is to supervise Notaries, so that in carrying out their duties they do not deviate from their authority and do not violate the applicable laws and regulations and the Notary Supervisory Council is authorized to supervise, foster notaries and impose sanctions on notaries who are declared. violated the applicable provisions.