Pub Date : 2023-07-31DOI: 10.30997/jill.v15i02.9712
Siti Maryam, Andri Brawijaya
Investing activities to do business in a territory of the Republic of Indonesia carried out by foreigners or what is called Foreign Investment, this research is focused only on the BOPUNJUR region (Bogor-Puncak-Cianjur) which is a tourism area that is widely known both from within and from outside country, its beauty leads tourists to visit and even many investors to invest in the BOPUNJUR area. The purpose of this study is to find out and analyze the problems of foreign investment in the Bopunjur area and also the integrated concept of foreign investment in the Bopunjur area. The method used is normative juridical research with statutory approach and conceptual methods. The research results obtained are that in the Foreign Direct Investment Practices carried out by foreign investors in the BOPUNJUR Region that in its implementation there is a legal smuggling namely the practice of Nominee, dummy, and strawman.
{"title":"PENYELUNDUPAN HUKUM INVESTASI ASING LANGSUNG DI INDONESIA","authors":"Siti Maryam, Andri Brawijaya","doi":"10.30997/jill.v15i02.9712","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9712","url":null,"abstract":"Investing activities to do business in a territory of the Republic of Indonesia carried out by foreigners or what is called Foreign Investment, this research is focused only on the BOPUNJUR region (Bogor-Puncak-Cianjur) which is a tourism area that is widely known both from within and from outside country, its beauty leads tourists to visit and even many investors to invest in the BOPUNJUR area. The purpose of this study is to find out and analyze the problems of foreign investment in the Bopunjur area and also the integrated concept of foreign investment in the Bopunjur area. The method used is normative juridical research with statutory approach and conceptual methods. The research results obtained are that in the Foreign Direct Investment Practices carried out by foreign investors in the BOPUNJUR Region that in its implementation there is a legal smuggling namely the practice of Nominee, dummy, and strawman.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357880","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}
This study aims to determine and analyze the management of Regional Equity Participation (PMD) in Regional Owned Enterprises (PERSERODA) as well as the regulation of supervision of the management of Regional Capital Participation (PMD) in Regional Owned Enterprises (PERSERODA). This research uses a juridical-normative approach that uses a literature study, but as long as it is necessary, interviews (interviews) can be carried out to complete the library research. From the results of the study, it can be seen that the management of PMD in Regional-Owned Enterprises (BUMD) refers to the provisions of the legislation. PMD in managing regional assets through contracts or cooperation with third parties is a regional asset that is not separated and is an unproductive asset or its utilization can still be improved. Meanwhile, the institution authorized to supervise Perseroda engaged in the financial sector is the Financial Services Authority (OJK), while for mining and tourism Perseroda until now there is no external supervisory agency and the supervision carried out is not running as it should, or in other words it has not run optimally.
{"title":"OPTIMALISASI PENGELOLAAN PENYERTAAN MODAL DAERAH PADA BUMD PERSERODA PERTAMBANGAN DAN PERBANKAN","authors":"None Endang Sumpena, None Achmad Jaka Santos Adiwijaya, None Ujang Bahar","doi":"10.30997/jill.v15i02.9741","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9741","url":null,"abstract":"This study aims to determine and analyze the management of Regional Equity Participation (PMD) in Regional Owned Enterprises (PERSERODA) as well as the regulation of supervision of the management of Regional Capital Participation (PMD) in Regional Owned Enterprises (PERSERODA). This research uses a juridical-normative approach that uses a literature study, but as long as it is necessary, interviews (interviews) can be carried out to complete the library research. From the results of the study, it can be seen that the management of PMD in Regional-Owned Enterprises (BUMD) refers to the provisions of the legislation. PMD in managing regional assets through contracts or cooperation with third parties is a regional asset that is not separated and is an unproductive asset or its utilization can still be improved. Meanwhile, the institution authorized to supervise Perseroda engaged in the financial sector is the Financial Services Authority (OJK), while for mining and tourism Perseroda until now there is no external supervisory agency and the supervision carried out is not running as it should, or in other words it has not run optimally.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358312","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 : 2023-07-31DOI: 10.30997/jill.v15i02.6038
Annisa Faradina Annisa Faradina, None Andi Suriyaman M. Pide, None Sri Susyanti Nur
The existence of the indigenous people of the Sakai Tribe has met the requirements to be recognized as stipulated in Article 67 paragraph (1) of Law no. 41 of 1999 concerning Forestry, namely that the community is still in the form of an association (rechsgemeenschap), there are institutions in the form of customary rulers, there is a clear customary law area, there are legal institutions and instruments, especially customary courts, which are still adhered to and still collect forest products. in the surrounding forest area to meet the needs of daily life. Confirmation of the existence and elimination of customary law communities based on Article 67 paragraph (2) is stipulated by a Regional Regulation. However, until now there is no local regulation that regulates the existence of the indigenous peoples of the Sakai Tribe, thus creating legal uncertainty. Settlement of land boundary disputes between customary law communities and PT. Arara Abadi was resolved through litigation, in this case through the Bengkalis District Court as stated in the decision number 89/Pid.B/LH/2020/PN.Bls. In addition, dispute resolution outside the non-litigation legal route (mediation) has also been carried out in resolving border disputes between the Sakai Tribe customary law community and PT. Eternal Arra. Dispute resolution is carried out by deliberation by involving the inner group with PT. Arara is Eternal and there is usually peace
Keywords: Existence, Sakai Tribe, Industrial Planting Forest.
{"title":"EKSISTENSI MASYARAKAT HUKUM ADAT SAKAI TERHADAP TANAH ULAYAT YANG TERDAPAT PADA KAWASAN HUTAN TANAM INDUSTRI","authors":"Annisa Faradina Annisa Faradina, None Andi Suriyaman M. Pide, None Sri Susyanti Nur","doi":"10.30997/jill.v15i02.6038","DOIUrl":"https://doi.org/10.30997/jill.v15i02.6038","url":null,"abstract":"The existence of the indigenous people of the Sakai Tribe has met the requirements to be recognized as stipulated in Article 67 paragraph (1) of Law no. 41 of 1999 concerning Forestry, namely that the community is still in the form of an association (rechsgemeenschap), there are institutions in the form of customary rulers, there is a clear customary law area, there are legal institutions and instruments, especially customary courts, which are still adhered to and still collect forest products. in the surrounding forest area to meet the needs of daily life. Confirmation of the existence and elimination of customary law communities based on Article 67 paragraph (2) is stipulated by a Regional Regulation. However, until now there is no local regulation that regulates the existence of the indigenous peoples of the Sakai Tribe, thus creating legal uncertainty. Settlement of land boundary disputes between customary law communities and PT. Arara Abadi was resolved through litigation, in this case through the Bengkalis District Court as stated in the decision number 89/Pid.B/LH/2020/PN.Bls. In addition, dispute resolution outside the non-litigation legal route (mediation) has also been carried out in resolving border disputes between the Sakai Tribe customary law community and PT. Eternal Arra. Dispute resolution is carried out by deliberation by involving the inner group with PT. Arara is Eternal and there is usually peace
 Keywords: Existence, Sakai Tribe, Industrial Planting Forest.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135358313","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 : 2023-07-31DOI: 10.30997/jill.v15i02.9742
Jacobus jopie Gilalo
This writing is based on the author's legal opinion at the request of Police investigators from a complaint by someone who was harmed by buying materials. The mode in which a person buys materials through an application available on a digital network. With regard to consumer protection, investigators who handle consumer crime need to ask for understanding from expert testimony to ensure that sanctions are applied in accordance with the provisions of the Act Number 8 Year 1999 about of Consumer Protection. By tracing the author using a normative juridical approach to obtain criminal sanction norms in the application of business crime cases that impact on consumer losses. The data collection technique is based on the documents provided to the author and supported by literature research sources. Fulfillment of the elements of consumer crime in the criminal provisions of the act consumer protection, must be proven losses suffered by consumers by business actors, so that investigators can proceed to the investigation level. The application of consumer criminal sanctions, investigators can qualify them for the actions of business actors who violate the law, namely applying the criminal provisions of the Act Trade and the Act Standardization and Conformity Assessment.
{"title":"PENERAPAN SANKSI TINDAK PIDANA KONSUMEN DALAM KASUS KEJAHATAN BISNIS","authors":"Jacobus jopie Gilalo","doi":"10.30997/jill.v15i02.9742","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9742","url":null,"abstract":"This writing is based on the author's legal opinion at the request of Police investigators from a complaint by someone who was harmed by buying materials. The mode in which a person buys materials through an application available on a digital network. With regard to consumer protection, investigators who handle consumer crime need to ask for understanding from expert testimony to ensure that sanctions are applied in accordance with the provisions of the Act Number 8 Year 1999 about of Consumer Protection. By tracing the author using a normative juridical approach to obtain criminal sanction norms in the application of business crime cases that impact on consumer losses. The data collection technique is based on the documents provided to the author and supported by literature research sources. Fulfillment of the elements of consumer crime in the criminal provisions of the act consumer protection, must be proven losses suffered by consumers by business actors, so that investigators can proceed to the investigation level. The application of consumer criminal sanctions, investigators can qualify them for the actions of business actors who violate the law, namely applying the criminal provisions of the Act Trade and the Act Standardization and Conformity Assessment.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"97 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357878","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 : 2023-07-31DOI: 10.30997/jill.v15i02.9537
None Zulfikar, Muhamad Aminulloh, None Mulyadi
: This article presents crimes committed by separatist groups which often result in human rights violations in the Papua region. This study illustrates how the case ultimately brought legal consequences for the separatist group. This resulted in the creation of the desires of the separatist groups, namely their own desire to disturb security, the desire to be independent apart from the unitary state of the Republic of Indonesia. The author realizes that the analysis of the data obtained is practice-oriented which allows understanding of how some of the group's criminalized acts were transformed into 'hate crimes'. In addition, several cases were conducted in court. The results of the study show that the handling of suspected separatist groups to implement human rights protection in accordance with the principles of justice in the mission of the Papua region through various government conflict resolution approaches has been widely applied in Papua.
{"title":"PENANGANAN TERSANGKA KELOMPOK SEPARATIS DALAM MEWUJUDKAN PERLINDUNGAN HAK ASASI MANUSIA BERDASARKAN PRINSIP KEADILAN (STUDI KASUS PENUGASAN DAERAH PAPUA)","authors":"None Zulfikar, Muhamad Aminulloh, None Mulyadi","doi":"10.30997/jill.v15i02.9537","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9537","url":null,"abstract":": This article presents crimes committed by separatist groups which often result in human rights violations in the Papua region. This study illustrates how the case ultimately brought legal consequences for the separatist group. This resulted in the creation of the desires of the separatist groups, namely their own desire to disturb security, the desire to be independent apart from the unitary state of the Republic of Indonesia. The author realizes that the analysis of the data obtained is practice-oriented which allows understanding of how some of the group's criminalized acts were transformed into 'hate crimes'. In addition, several cases were conducted in court. The results of the study show that the handling of suspected separatist groups to implement human rights protection in accordance with the principles of justice in the mission of the Papua region through various government conflict resolution approaches has been widely applied in Papua.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357879","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 : 2023-07-31DOI: 10.30997/jill.v15i02.9551
Adi Juardi, None Martin Roestamy, None Nurwati
The most basic problem is that there is no regulation regarding royalty rates for performance rights on digital platforms, while the royalty rates used so far depend on each platform to the CMO. Many cover version musicians commercialize their work without the permission of the original creator, resulting in copyright infringement. The research used is empirical juridical using legislation and interview approaches. The conclusion is that due to the large potential for copyright infringement on the cover version, it must first obtain permission from the creator, Article 9 (2). Departing from the theory of development, the Copyright Law and Government Regulation Number 56 of 2021 must be able to follow existing developments. There needs to be clear rules regarding royalty rates on digital platforms, as of this writing, there are no statutory regulations or their derivatives that regulate it. About sharing royalties for copyright creators for music and songs included in digital platforms. If you look at the Utilitarianism theory carried out by WAMI's CMO for music royalties and songwriters on digital platforms, then the distribution of royalties is part of the legal goal of this theory, which is to provide benefits and happiness to as many people as possible.
{"title":"ANALISIS HUKUM TERHADAP HAK EKONOMI PENCIPTA KARYA MUSIK DAN LAGU YANG DI COVER VERSION PADA PLATFORM DIGITAL","authors":"Adi Juardi, None Martin Roestamy, None Nurwati","doi":"10.30997/jill.v15i02.9551","DOIUrl":"https://doi.org/10.30997/jill.v15i02.9551","url":null,"abstract":"The most basic problem is that there is no regulation regarding royalty rates for performance rights on digital platforms, while the royalty rates used so far depend on each platform to the CMO. Many cover version musicians commercialize their work without the permission of the original creator, resulting in copyright infringement. The research used is empirical juridical using legislation and interview approaches. The conclusion is that due to the large potential for copyright infringement on the cover version, it must first obtain permission from the creator, Article 9 (2). Departing from the theory of development, the Copyright Law and Government Regulation Number 56 of 2021 must be able to follow existing developments. There needs to be clear rules regarding royalty rates on digital platforms, as of this writing, there are no statutory regulations or their derivatives that regulate it. About sharing royalties for copyright creators for music and songs included in digital platforms. If you look at the Utilitarianism theory carried out by WAMI's CMO for music royalties and songwriters on digital platforms, then the distribution of royalties is part of the legal goal of this theory, which is to provide benefits and happiness to as many people as possible.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"32 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357885","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 : 2023-07-31DOI: 10.30997/jill.v15i2.8732
None Nadila Annisa, None Adlin Budhiawan
According to the study's findings, the debtor is also an individual guarantee under the shared responsibility system, and the Civil Code's articles 1278 and 1280 provide legal protection for creditors. This study aims to shed light on how to implement the millennial economic strategy in a way that benefits both transaction actors and those who carry out transactions. Normative juridical research examines the doctrines or principles of the Science of Law. The quantity of tests in this review were 6 individuals. The study's findings demonstrate that debtors are also individuals under the joint responsibility system. The group is obligated to pay the debtors for their services, but the large number of installments causes members to feel resentment. This is because group members are also expected to pay back their loans. The credit disbursement processing does not begin as a result of this default's occurrence, which has consequences for the group it belongs to. This indicates that it is extremely challenging for the concerned group as well as other groups.
{"title":"SISTEM TANGGUNG RENTENG DALAM PEMBERIAN KREDIT MODAL USAHA PNM MEKAAR","authors":"None Nadila Annisa, None Adlin Budhiawan","doi":"10.30997/jill.v15i2.8732","DOIUrl":"https://doi.org/10.30997/jill.v15i2.8732","url":null,"abstract":"According to the study's findings, the debtor is also an individual guarantee under the shared responsibility system, and the Civil Code's articles 1278 and 1280 provide legal protection for creditors. This study aims to shed light on how to implement the millennial economic strategy in a way that benefits both transaction actors and those who carry out transactions. Normative juridical research examines the doctrines or principles of the Science of Law. The quantity of tests in this review were 6 individuals. The study's findings demonstrate that debtors are also individuals under the joint responsibility system. The group is obligated to pay the debtors for their services, but the large number of installments causes members to feel resentment. This is because group members are also expected to pay back their loans. The credit disbursement processing does not begin as a result of this default's occurrence, which has consequences for the group it belongs to. This indicates that it is extremely challenging for the concerned group as well as other groups.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"56 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135357881","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 : 2023-01-31DOI: 10.30997/jill.v15i1.7932
Ilman Khairi
Certificate of Right to Use a Business Place (SHPTU) is proof of ownership of a right to use a business place (stall) in a market owned by market traders. SHPTU has a fairly high economic value. Therefore it is expected that SHPTU can be used as collateral for credit. SHPTU have something in common elements by leasing as in article 1548 of the Civil Code. This study aims to examine how legal protection for users of business premises in traditional markets can be applied and implemented for the ownership of business premises. The research method used in this study is normative juridical research method by adding empirical elements, with qualitative data analysis. Exploring and analyzing data in the form of documents complemented by factual data in the field so that appropriate conclusions can be drawn. The research findings show that SHPTU is not a material right, but considering that SHPTU has economic value and can be transferred. SHPTU of this valuable stall allows it to be used as collateral for credit by referring to the methods contained in Articles 48-49 concerning the Law on Flats by issuing Certificates of Ownership of Buildings and Buildings (SKBG), where the issuance of certificates is the same between Regional Governments in this case Public Works and Housing Services. SKBG is a way out for proof of stall ownership, because the value is very expensive, legal certainty is needed regarding material rights.
Keywords: SHPTU; Legal Protection; UMKM.
{"title":"PERLINDUNGAN HUKUM BAGI RAKYAT PENGGUNA TEMPAT USAHA DI PASAR TRADISIONAL DALAM RANGKA MENDAPATKAN SUMBER DANA","authors":"Ilman Khairi","doi":"10.30997/jill.v15i1.7932","DOIUrl":"https://doi.org/10.30997/jill.v15i1.7932","url":null,"abstract":"Certificate of Right to Use a Business Place (SHPTU) is proof of ownership of a right to use a business place (stall) in a market owned by market traders. SHPTU has a fairly high economic value. Therefore it is expected that SHPTU can be used as collateral for credit. SHPTU have something in common elements by leasing as in article 1548 of the Civil Code. This study aims to examine how legal protection for users of business premises in traditional markets can be applied and implemented for the ownership of business premises. The research method used in this study is normative juridical research method by adding empirical elements, with qualitative data analysis. Exploring and analyzing data in the form of documents complemented by factual data in the field so that appropriate conclusions can be drawn. The research findings show that SHPTU is not a material right, but considering that SHPTU has economic value and can be transferred. SHPTU of this valuable stall allows it to be used as collateral for credit by referring to the methods contained in Articles 48-49 concerning the Law on Flats by issuing Certificates of Ownership of Buildings and Buildings (SKBG), where the issuance of certificates is the same between Regional Governments in this case Public Works and Housing Services. SKBG is a way out for proof of stall ownership, because the value is very expensive, legal certainty is needed regarding material rights.
 Keywords: SHPTU; Legal Protection; UMKM.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440706","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 : 2023-01-31DOI: 10.30997/jill.v15i1.4726
Mirnayanti Mirna, None Judhariksawan, None Maskum
This study aims to analyze the regulatory invitation regarding the protection of personal data and the urgency of the bill Personal Data Protection in Indonesia. The type of research used by the author is the type of legal research normative approach to the method of legislation, approach case, and conceptual. The legal materials used consist of: primary law, namely related laws and regulations, as well as material secondary law, namely book literature, legal journals, articles and bills PDP. The entire legal material is analyzed qualitatively and presented descriptively. The results of the study answered that: 1) arrangements regarding security Personal data in positive law in Indonesia is spread across various fields sectoral laws and regulations covering 32 regulations scattered in the Human Rights Act, sector telecommunications and informatics, public service sector, sector health, population and archives sector, banking sector, finance, and taxation, trade and industrial sectors as a form of protection of personal data and public privacy. cause there is no harmonization at the normative level as well as the absence of stronger legal certainty for the community because there is no law that specifically regulates related personal data protection. 2) The legal politics of the formation of the PDP Bill from In terms of the formation process, it has been proposed since 2014. As of January 24, 2020, the PDP Bill has been signed by President Joko Widodo and will then be discussed in the DPR. PDP Bill This will be proposed in the DPR's priority national legislation program for the period 2019-2024. In terms of substance related to legal protection arrangements In the PDP Bill, it contains provisions related to the rights owned by the community for the data.
Key Words: Security, Personal Data, Positive Law, PDP Bill.
{"title":"ANALISIS PENGATURAN KEAMANAN DATA PRIBADI DI INDONESIA","authors":"Mirnayanti Mirna, None Judhariksawan, None Maskum","doi":"10.30997/jill.v15i1.4726","DOIUrl":"https://doi.org/10.30997/jill.v15i1.4726","url":null,"abstract":"This study aims to analyze the regulatory invitation regarding the protection of personal data and the urgency of the bill Personal Data Protection in Indonesia. The type of research used by the author is the type of legal research normative approach to the method of legislation, approach case, and conceptual. The legal materials used consist of: primary law, namely related laws and regulations, as well as material secondary law, namely book literature, legal journals, articles and bills PDP. The entire legal material is analyzed qualitatively and presented descriptively. The results of the study answered that: 1) arrangements regarding security Personal data in positive law in Indonesia is spread across various fields sectoral laws and regulations covering 32 regulations scattered in the Human Rights Act, sector telecommunications and informatics, public service sector, sector health, population and archives sector, banking sector, finance, and taxation, trade and industrial sectors as a form of protection of personal data and public privacy. cause there is no harmonization at the normative level as well as the absence of stronger legal certainty for the community because there is no law that specifically regulates related personal data protection. 2) The legal politics of the formation of the PDP Bill from In terms of the formation process, it has been proposed since 2014. As of January 24, 2020, the PDP Bill has been signed by President Joko Widodo and will then be discussed in the DPR. PDP Bill This will be proposed in the DPR's priority national legislation program for the period 2019-2024. In terms of substance related to legal protection arrangements In the PDP Bill, it contains provisions related to the rights owned by the community for the data. 
 Key Words: Security, Personal Data, Positive Law, PDP Bill.","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440704","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 : 2023-01-31DOI: 10.30997/jill.v15i1.4874
Zulfi Diane Zaini, M Rifky Hendrian Rifky
The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft. The problem in this research is what are the factors that cause the crime of theft with violence? Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk? Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?. Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach. Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim. the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again. The judge's consideration by considering the aggravating and mitigating actors in the judicial process. Keywords: Criminal Sanctions; Theft; Violent
{"title":"ANALISIS PENJATUHAN SANKSI PIDANA TERHADAP PELAKU TINDAK PIDANA PENCURIAN DENGAN KEKERASAN (STUDI PUTUSAN NOMOR : 329/PID.B/2021/PN.TJK)","authors":"Zulfi Diane Zaini, M Rifky Hendrian Rifky","doi":"10.30997/jill.v15i1.4874","DOIUrl":"https://doi.org/10.30997/jill.v15i1.4874","url":null,"abstract":"The crime of theft with violence is different from ordinary theft, criminal acts of theft with violence such as vandalism, beatings, beatings and others, the threat of punishment is heavier than ordinary theft. The problem in this research is what are the factors that cause the crime of theft with violence? Criminal liability of perpetrators of theft with violence in Decision Number: 329/Pid.B/2021/PN.Tjk? Judge's consideration in the decision of the criminal act of theft with violence in the decision Number: 329/Pid.B/2021/PN.Tjk?. Research method The method used in the preparation of this journal is a normative legal approach and an empirical approach. Based on research on the causative factors are economic factors, malicious intent, the environment, the negligence of the victim. the accountability of the perpetrators is very little and does not provide a deterrent effect to the perpetrators of crimes, so that cases like this can arise again. The judge's consideration by considering the aggravating and mitigating actors in the judicial process. Keywords: Criminal Sanctions; Theft; Violent","PeriodicalId":500060,"journal":{"name":"Living Law: Jurnal Ilmiah","volume":"150 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135440707","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}
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