Pub Date : 2022-03-31DOI: 10.32801/lamlaj.v7i1.307
Aliyth Prakarsa, R. Yulia
Marital rape is part of the form of rape in domestic violence. Its limited characteristics in the family sphere and cultural construction make marital rape sometimes escapes the attention of victims and also the community. In Indonesia, marital rape is still considered as abnormally and impossible incident, it is considered as impossible act for a husband to rape his own wife or vice versa. In several cases had occurred in Indonesia, marital rape become a trigger for physical violence that led to murder (homicide). For example in the two cases of homicide has occurred in Serang City in 2021 and Cilegon 2019. In these two cases, marital rape occurred which led to murder or loss of life. This paper will examine women who are victims of marital rape who are designated as murder suspects, a case study in Serang City. This study uses a normative legal research method with a statutory approach and cases approach. The results of this study indicate that the determination of woman victims of marital rape as murder suspects in the perspective of victimology does not consider the perspective of the victim's role in the occurrence of a crime. There are two criminal acts happening simultaneously; marital rape and murder. First, the husband as the perpetrator of marital rape against his wife who later becomes a victim of murder due to self defense (the second case). Therefore, in the theory of victim precipitation, the victim plays a role in creating the crime it-self. The causes of marital rape victims who later become perpetrators of murder must also be considered about. The role of the perpetrators of marital rape is active participation which then resulted in his death. The things that attend in this situation must and need to be considered by law enforcement officials, from the first thing when conducting an investigation. This will affect the next law enforcement process. Therefore, victim precipitation must be considered by investigators in reviewing the chronology of the case before determining the suspect in order to fulfill the rights and protection of the actual victims.
{"title":"Examining Victim Precipitation in Determining a Suspect (A Case Study of Marital Rape That Ended in Death)","authors":"Aliyth Prakarsa, R. Yulia","doi":"10.32801/lamlaj.v7i1.307","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.307","url":null,"abstract":"Marital rape is part of the form of rape in domestic violence. Its limited characteristics in the family sphere and cultural construction make marital rape sometimes escapes the attention of victims and also the community. In Indonesia, marital rape is still considered as abnormally and impossible incident, it is considered as impossible act for a husband to rape his own wife or vice versa. In several cases had occurred in Indonesia, marital rape become a trigger for physical violence that led to murder (homicide). For example in the two cases of homicide has occurred in Serang City in 2021 and Cilegon 2019. In these two cases, marital rape occurred which led to murder or loss of life. This paper will examine women who are victims of marital rape who are designated as murder suspects, a case study in Serang City. This study uses a normative legal research method with a statutory approach and cases approach. The results of this study indicate that the determination of woman victims of marital rape as murder suspects in the perspective of victimology does not consider the perspective of the victim's role in the occurrence of a crime. There are two criminal acts happening simultaneously; marital rape and murder. First, the husband as the perpetrator of marital rape against his wife who later becomes a victim of murder due to self defense (the second case). Therefore, in the theory of victim precipitation, the victim plays a role in creating the crime it-self. The causes of marital rape victims who later become perpetrators of murder must also be considered about. The role of the perpetrators of marital rape is active participation which then resulted in his death. The things that attend in this situation must and need to be considered by law enforcement officials, from the first thing when conducting an investigation. This will affect the next law enforcement process. Therefore, victim precipitation must be considered by investigators in reviewing the chronology of the case before determining the suspect in order to fulfill the rights and protection of the actual victims.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45444169","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-15DOI: 10.32801/lamlaj.v7i1.304
Rachmadi Usman, Diana Rahmawati
Provision of safe deposit boxes (SDB) is one of the services in banking activities. The SDB is in the form of a box with a certain size and is rented out to customers, which is used to store goods and securities without the bank knowing its mutation and contents. According to Law No. 7/1992 concerning Banking as amended by Law No. 10/1998, the activity of "providing a place" in the form of SDB is a bank activity that solely rents a place for storing goods and securities, so it is not a safekeeping of goods even though the existence of SDB is under the control and supervision of the bank. If so, it is necessary to investigate whether the provision of SDB services in banking activities is a legal contractual relationship or goods custody. Therefore, this study aims to analyze the characteristics of the legal relationship in the provision of SDB services in banking activities. This research is a normative legal research using legal construction methods and approaches to the application of laws and conceptual. The results showed that the construction of legal relations between the customer and the bank in the SDB rental contract made by the bank was not solely a rental contract, but contained elements of goods storage. This is because the SDB that is leased is not fully under the management of the lessee (customer), the SDB and its contents are under the management and supervision of the SDB owner's bank. Therefore, the SDB rental contract for banking activities is a contract or a mixed agreement (contract sui generis).
{"title":"Characteristics of Service Safe Deposit Box in Banking Activities","authors":"Rachmadi Usman, Diana Rahmawati","doi":"10.32801/lamlaj.v7i1.304","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.304","url":null,"abstract":"Provision of safe deposit boxes (SDB) is one of the services in banking activities. The SDB is in the form of a box with a certain size and is rented out to customers, which is used to store goods and securities without the bank knowing its mutation and contents. According to Law No. 7/1992 concerning Banking as amended by Law No. 10/1998, the activity of \"providing a place\" in the form of SDB is a bank activity that solely rents a place for storing goods and securities, so it is not a safekeeping of goods even though the existence of SDB is under the control and supervision of the bank. If so, it is necessary to investigate whether the provision of SDB services in banking activities is a legal contractual relationship or goods custody. Therefore, this study aims to analyze the characteristics of the legal relationship in the provision of SDB services in banking activities. This research is a normative legal research using legal construction methods and approaches to the application of laws and conceptual. The results showed that the construction of legal relations between the customer and the bank in the SDB rental contract made by the bank was not solely a rental contract, but contained elements of goods storage. This is because the SDB that is leased is not fully under the management of the lessee (customer), the SDB and its contents are under the management and supervision of the SDB owner's bank. Therefore, the SDB rental contract for banking activities is a contract or a mixed agreement (contract sui generis).","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48595476","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-14DOI: 10.32801/lamlaj.v7i1.288
Berliane Rezty Anggriheny, Regina Yusticia Nababan
This Paper Discusses Due To The Legal Failure To Pay By The Insurance On The Insurance Policy Of The Insured. The agreement between the two parties insured (insurance company) and the insured (policy holder) at the time of making an insurance policy is important, because insurance or coverage is a form of agreement. In recent years, Indonesia has been shocked by the number of insurance cases, which has made policyholders from any insurance company to be wary or worried about their money that has entered the insurance company. These policy holders (insured) seek justice and legal certainty by taking various legal methods. This normative research uses the method of legislation and a conceptual approach. This paper aims to analyze the legal consequences of the insurer failing to pay on the rights of the insured and the legal protection for the insured affected by the default. The results of this study indicate that legal remedies that can be taken by the Insured to minimize losses are one of them by paying attention to the time limit for granting claims and benefits that have been agreed in the Insurance Policy which is generally 30 (thirty) days after the agreement. The Financial Services Authority has the authority to ask the Insurer to stop activities if it has the potential to harm the community. It is also authorized to facilitate the settlement of consumer complaints that have been harmed by actors in financial service institutions (Insurers).
{"title":"Due to the Legal Failure to Pay by the Insurance of the Insurance Policy of the Insured","authors":"Berliane Rezty Anggriheny, Regina Yusticia Nababan","doi":"10.32801/lamlaj.v7i1.288","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.288","url":null,"abstract":"This Paper Discusses Due To The Legal Failure To Pay By The Insurance On The Insurance Policy Of The Insured. The agreement between the two parties insured (insurance company) and the insured (policy holder) at the time of making an insurance policy is important, because insurance or coverage is a form of agreement. In recent years, Indonesia has been shocked by the number of insurance cases, which has made policyholders from any insurance company to be wary or worried about their money that has entered the insurance company. These policy holders (insured) seek justice and legal certainty by taking various legal methods. This normative research uses the method of legislation and a conceptual approach. This paper aims to analyze the legal consequences of the insurer failing to pay on the rights of the insured and the legal protection for the insured affected by the default. The results of this study indicate that legal remedies that can be taken by the Insured to minimize losses are one of them by paying attention to the time limit for granting claims and benefits that have been agreed in the Insurance Policy which is generally 30 (thirty) days after the agreement. The Financial Services Authority has the authority to ask the Insurer to stop activities if it has the potential to harm the community. It is also authorized to facilitate the settlement of consumer complaints that have been harmed by actors in financial service institutions (Insurers).","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46180952","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-03-05DOI: 10.32801/lamlaj.v7i1.298
Yulianto Syahyu
Instrumenter witnesses are witnesses who play an important role in the inauguration of a notarial deed so that if the existence of this deed witness is not fulfilled, then based on the law regarding the position of a notary, the deed only has the power of proof as an underhand deed. Instrumental witnesses who were present at the inauguration of the deed were included in the notarial field, but in the law regarding the position of a notary which is the only law regarding notarialty, it has not regulated the protection of the witness. This research is a normative legal research using a statute approach and case approach. The results showed the position of the instrumenter witness is only limited to qualifying the formality of the deed only. Regarding legal protection for instrumenter witnesses to date the arrangement has not been regulated in the notary office law even though there has been a law on the protection of witnesses and victims but in fact not enough to provide legal protection for instrumenter witnesses.Thus, a law thatspecifically protects the rights of instrumenter witnesses due to their function relating to notary deeds.
{"title":"Legal Protection of Instrumenter Witnesses if there is a Problem with a Notary Deed","authors":"Yulianto Syahyu","doi":"10.32801/lamlaj.v7i1.298","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.298","url":null,"abstract":"Instrumenter witnesses are witnesses who play an important role in the inauguration of a notarial deed so that if the existence of this deed witness is not fulfilled, then based on the law regarding the position of a notary, the deed only has the power of proof as an underhand deed. Instrumental witnesses who were present at the inauguration of the deed were included in the notarial field, but in the law regarding the position of a notary which is the only law regarding notarialty, it has not regulated the protection of the witness. This research is a normative legal research using a statute approach and case approach. The results showed the position of the instrumenter witness is only limited to qualifying the formality of the deed only. Regarding legal protection for instrumenter witnesses to date the arrangement has not been regulated in the notary office law even though there has been a law on the protection of witnesses and victims but in fact not enough to provide legal protection for instrumenter witnesses.Thus, a law thatspecifically protects the rights of instrumenter witnesses due to their function relating to notary deeds.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-03-05","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46016716","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-02-26DOI: 10.32801/lamlaj.v7i1.297
Suwinto Johan
This data science examines a variety of data in order to aid humans in making complex decisions. This science aide’s management in making complex decisions. Artificial intelligence, machine learning, big data, and algorithms all fall under the category. Data science is growing in popularity as a result of the increasing reliance on technology by businesses such as social media companies and financial technology companies. Financial technology companies create applications that allow for the collection of consumer information. This information is transformed into a set of decision-making management tools. This information was easily obtained prior to the Personal Data Protection (PDP) Act's enactment. This tool can assist management in becoming more efficient and effective in their operations. Additionally, this tool can be used to make complex management decisions, such as credit decisions for financial institutions and product marketing to consumers through appropriate advertising. The objective of this research is to examine use of data for business purposes after the enactment of the PDP Act. This study employs a descriptive and legal normative method. This research concludes that enacting the PDP Act will reduce the effectiveness of information processing. However, distinct information protection laws must be developed to improve consumer data protection. Additionally, public education about personal data protection needs to be strengthened. The PDP Act should regulate consumer protection issues and establish independent data protection institutions
{"title":"Will Data Protection Act Change the Use of Data in Indonesia Financial Services?","authors":"Suwinto Johan","doi":"10.32801/lamlaj.v7i1.297","DOIUrl":"https://doi.org/10.32801/lamlaj.v7i1.297","url":null,"abstract":"This data science examines a variety of data in order to aid humans in making complex decisions. This science aide’s management in making complex decisions. Artificial intelligence, machine learning, big data, and algorithms all fall under the category. Data science is growing in popularity as a result of the increasing reliance on technology by businesses such as social media companies and financial technology companies. Financial technology companies create applications that allow for the collection of consumer information. This information is transformed into a set of decision-making management tools. This information was easily obtained prior to the Personal Data Protection (PDP) Act's enactment. This tool can assist management in becoming more efficient and effective in their operations. Additionally, this tool can be used to make complex management decisions, such as credit decisions for financial institutions and product marketing to consumers through appropriate advertising. The objective of this research is to examine use of data for business purposes after the enactment of the PDP Act. This study employs a descriptive and legal normative method. This research concludes that enacting the PDP Act will reduce the effectiveness of information processing. However, distinct information protection laws must be developed to improve consumer data protection. Additionally, public education about personal data protection needs to be strengthened. The PDP Act should regulate consumer protection issues and establish independent data protection institutions","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-02-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44092417","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-29DOI: 10.32801/lamlaj.v6i2.247
Ayudia Nur Rifdah, Mulyani Zulaeha, Yulia Qamariyanti
The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.
{"title":"Commercial Business Dispute Settlement Through Online Non-Litigation Dispute Settlement in Indonesia","authors":"Ayudia Nur Rifdah, Mulyani Zulaeha, Yulia Qamariyanti","doi":"10.32801/lamlaj.v6i2.247","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.247","url":null,"abstract":"The purpose of the research entitled Settlement of Commercial Business Disputes through Online Non-Litigation Dispute Resolution in Indonesia is to analyze the mechanism for resolving commercial business disputes through non-litigation in the form of ODR in Indonesia and its legal consequences. The research method is in the form of normative legal research, which is a method that uses statutory regulations, which are then analyzed and drawn conclusions from general matters into a specific conclusion. The results of the research obtained are, First: that the legal basis that contains and states implicitly regarding matters relating to ODR is contained in Law Number 30 of 1999 concerning Arbitration and Alternative Dispute Resolution, namely, the contents of the legal regulations also do not provide much clarity. Details on how the conditions for ODR are carried out, the ODR mechanism, and other explanations. Second, the Inconsistency Norm that occurs in regulations relating to dispute resolution through non-litigation ODR, namely between several articles in the AAPS Law, there is a discrepancy or contradiction between the rules or articles that apply, so that the legal rules become vague and unclear. Where according to several articles of the AAPS Law it is stated that the Arbitration dispute resolution process must be written, while according to other articles of the AAPS Law it can be online. There is a legal ambiguity in the non-litigation dispute resolution mechanism through ODR, so that the parties feel that there are no clear directions or instructions in resolving cases, this makes the process of non-litigation dispute resolution mechanisms through ODR not well directed, due to disharmony or inconsistency the rule of law, so that the rule of law becomes vague, vague and unclear. The solution to these legal issues is that the government should make legal regulations that specifically regulate ODR or revise Law Number 30 of 1999 and add articles related to ODR. To the Government to provide websites and institutions that can specifically handle non-litigation dispute resolution through ODR to handle commercial business dispute resolution.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44424145","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-25DOI: 10.32801/lamlaj.v6i2.221
H. Helmi
In terms of sanctions, the Law on the Eradication of Criminal Acts of Corruption adheres to a double track system, in the sense that in addition to criminal sanctions, it also contains civil sanctions, namely additional penalties in the form of payment of replacement money. So that the law enforcement of corruption in addition to being oriented to “follow the suspect” and “follow the money”, to recover state financial losses. The purpose of this research is to analyze the criminal urgency of paying replacement money in corruption crimes and to analyze the criteria for corruption crimes that can be imposed with additional criminal sanctions. This legal research is a prescriptive normative legal research, with a law approach and a concept approach, using primary and secondary legal materials. The results of this study, (a). The urgency of imposing a penalty for paying compensation is to recover state financial losses from corruption, in which case corruption involving state finances is an act that robs the community of socio-economic rights as stated in the 1945 Constitution, and the penalty for replacement money that has been paid by the convict can be used to “promote the general welfare”. (b). The criteria for imposing a substitute money penalty are: (1). the criminal act of corruption committed by the defendant has caused state financial losses; (2). The defendant has obtained property from the act of corruption he has committed; and (3). The defendant has not returned the state financial loss in the amount of the property he has obtained.
{"title":"Payment of Money in Lieu of the Crime of Corruption in the Recovery of Assets","authors":"H. Helmi","doi":"10.32801/lamlaj.v6i2.221","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.221","url":null,"abstract":"In terms of sanctions, the Law on the Eradication of Criminal Acts of Corruption adheres to a double track system, in the sense that in addition to criminal sanctions, it also contains civil sanctions, namely additional penalties in the form of payment of replacement money. So that the law enforcement of corruption in addition to being oriented to “follow the suspect” and “follow the money”, to recover state financial losses. The purpose of this research is to analyze the criminal urgency of paying replacement money in corruption crimes and to analyze the criteria for corruption crimes that can be imposed with additional criminal sanctions. This legal research is a prescriptive normative legal research, with a law approach and a concept approach, using primary and secondary legal materials. The results of this study, (a). The urgency of imposing a penalty for paying compensation is to recover state financial losses from corruption, in which case corruption involving state finances is an act that robs the community of socio-economic rights as stated in the 1945 Constitution, and the penalty for replacement money that has been paid by the convict can be used to “promote the general welfare”. (b). The criteria for imposing a substitute money penalty are: (1). the criminal act of corruption committed by the defendant has caused state financial losses; (2). The defendant has obtained property from the act of corruption he has committed; and (3). The defendant has not returned the state financial loss in the amount of the property he has obtained.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42427635","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-16DOI: 10.32801/LAMLAJ.V6I2.260
Yulianto Syahyu
The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.
{"title":"Legal Protection of Domestic Workers from A National Law Perspective","authors":"Yulianto Syahyu","doi":"10.32801/LAMLAJ.V6I2.260","DOIUrl":"https://doi.org/10.32801/LAMLAJ.V6I2.260","url":null,"abstract":"The regulation number 13 of 2003 concerning Labour (Labour Law) has regulated the basic principles for the creation of productive, harmonious and just working conditions. However, the law does not substantively regulate domestic workers. We use the normative research with a statute approach. The presence of Minister of Labour Regulation Number 2 of 2015 concerning Protection of Domestic Workers which is expected to reach things that are not regulated in the labour law is in fact far from what was expected. Domestic workers can’t hope for this ministerial regulation because there are differences between the rights of workers in the labour law and the rights of domestic workers in the Minister of Manpower Regulation Nomor 2 of 2015 which can be said to be discriminatory. Domestic workers are categorized into the scope of the informal sector causing limited rights that can be obtained.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49210333","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-13DOI: 10.32801/lamlaj.v6i2.261
M. Aufa, Wempy Setyabudi Hernowo, Dewi Nurul Musjtari
The development of Sharia Cooperatives in Indonesia has experienced a significant increase. Islamic cooperatives are one of the alternatives for some members who will build cooperatives based on several sharia principles. The establishment of sharia cooperatives has encountered conflicts, which are not only in Law Number 25 of 1992 on Cooperatives but are also regulated in Law Number 1 of 2013 concerning Micro Financial Institutions. The formulation of the problem of this research is to find legal clarity in the registration and establishment of a sharia cooperative legal body. The research system used in reviewing the registration and establishment of the legal body of Islamic cooperatives uses normative legal research, which is called library research. From the results of this research, the establishment of a sharia cooperative legal body still refers to Law Number 25 of 1992 concerning Cooperatives as replaced by Law Number 11 of 2020 concerning Job Creation. This is because the Microfinance Institution Law only states that the cooperative is a form of MFI legal entity and does not control in detail the cooperative. This system uses statutory provisions as special legal material and is supported by secondary legal materials in the form of books and journal articles.
{"title":"Dynamics of Sharia Cooperative Regulation in Indonesia","authors":"M. Aufa, Wempy Setyabudi Hernowo, Dewi Nurul Musjtari","doi":"10.32801/lamlaj.v6i2.261","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.261","url":null,"abstract":"The development of Sharia Cooperatives in Indonesia has experienced a significant increase. Islamic cooperatives are one of the alternatives for some members who will build cooperatives based on several sharia principles. The establishment of sharia cooperatives has encountered conflicts, which are not only in Law Number 25 of 1992 on Cooperatives but are also regulated in Law Number 1 of 2013 concerning Micro Financial Institutions. The formulation of the problem of this research is to find legal clarity in the registration and establishment of a sharia cooperative legal body. The research system used in reviewing the registration and establishment of the legal body of Islamic cooperatives uses normative legal research, which is called library research. From the results of this research, the establishment of a sharia cooperative legal body still refers to Law Number 25 of 1992 concerning Cooperatives as replaced by Law Number 11 of 2020 concerning Job Creation. This is because the Microfinance Institution Law only states that the cooperative is a form of MFI legal entity and does not control in detail the cooperative. This system uses statutory provisions as special legal material and is supported by secondary legal materials in the form of books and journal articles.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46558844","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2021-09-12DOI: 10.32801/lamlaj.v6i2.273
Inge Dwisvimiar, Andhima Abdul Ghanny
Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.
{"title":"The Protection of Adaptation Rights to E-Novels Infringed by the Website in Perspective of Copyright Law","authors":"Inge Dwisvimiar, Andhima Abdul Ghanny","doi":"10.32801/lamlaj.v6i2.273","DOIUrl":"https://doi.org/10.32801/lamlaj.v6i2.273","url":null,"abstract":"Technological development causes infringement to e-book copyright especially e-novel by copying and distributing it without rights for example that is loaded on the website. In line with that, this study aims at explaining and analyzing the protection of adaptation rights for infringement in the form of e-novels by the website in the perspective of copyright law; and explaining and analyzing the legal consequences of the use of the e-novels by the website on the adaptation rights of the creator. This research uses normative juridical research with the approach to applying the laws of UUHC and the case approach in the form of the infringement of the e-novels on the website in www.corongbaca.com. The primary data taken from interview and the secondary data obtained from library studies. The data analyzed qualitatively and descriptively. The result of the study indicates that protection of the creator's adaptation rights from infringement of e-novels by the website in this case has not been realized because the creator who made the e-novel does not get benefit from the adaptation rights of the novel, namely royalties that are distributed based on an agreement with the website then regarding the legal consequences of using e-novels by websites on the author's adaptation rights, there are two consequences that have been carried out, namely: deletion of website content from www.corongbaca.com, and complaints to the Directorate General of Intellectual Property (DGIP), but there has been no follow up on the complaint. As for claims for compensation and criminal charges, the parties did not do so.","PeriodicalId":31238,"journal":{"name":"Lambung Mangkurat Law Journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2021-09-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44970268","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
京公网安备 11010802042870号
京ICP备2023020795号-1
扫码关注我们
求助内容：
应助结果提醒方式：