Journal Evidence Of Law

Pelanggaran Hak Asasi Manusia Internasional pada Invasi Rusia ke Ukraina

Haryo Raksoko Utomo — Thu, 11 Jan 2024 00:00:00 +0700

This research aims to find out the rules and sanctions that can be imposed on violations of international human rights in the event of Russia's invasion of Ukraine. The method used in this research is normative legal research, which is research by examining laws and regulations, legal concepts, and legal theories to be applied to a particular problem. The result of this research is to find out the efforts that can be made by all countries in the world in order to stop ongoing violations of international human rights in the event of Russia's invasion of Ukraine. The military invasion launched by Russia into Ukraine has had consequences that violate international human rights principles. These violations include attacks on Ukraine's sovereignty and territorial integrity, violations of civil rights, and the unlawful use of military force. Non-compliance with international law resulting from this invasion has had serious humanitarian impacts, including loss of life, displacement, and damage to infrastructure. In the context of international law, this invasion raises questions regarding the upholding of human rights principles and compliance with the laws of war. The acts of military aggression carried out by Russia are contrary to a number of international treaties governing state sovereignty and the prohibition of the use of military force without legal authorization. This situation has given rise to debate and emphasis on the need to enforce rules that protect human rights and global justice.

Penggunaan Ganja Medis dalam Pengobatan dan Pengaturannya di Indonesia

Mahardian Putranto, Yovita Arie Mangesti — Wed, 17 Jan 2024 00:00:00 +0700

Medical marijuana (Cannabis sativa) has been used since ancient times. Its use is written in medical books from China, India and even the Mesopotamian era. In these records, the use of marijuana (Cannabis sativa) is not only as a medicine, but also as a food ingredient and a ritual tool. A popular issue in Indonesia today is about legalization of medical marijuana. Marijuana is a class I narcotic which is written in the law. Cannabis has a very high potential to cause addiction and not be used for therapy. However, several institutions have discussed that marijuana can be legalized in Indonesia. Cannabis can provide health benefits and has economic potential. Marijuana contains cannabinoids that are considered to have medical benefits. Several countries have developed marijuana into legal medicinal preparations. Economically, medical marijuana has great potential as an export commodity. The approach in this study uses a qualitative method by using data from books, regulations, expert opinions, as well as examining various scientific journals using Garuda, PubMed, Sciencedirect, and Wiley. The result of data analysis is in the form of systematic information. This article can be a reference for development and legalization of medical marijuana in Indonesia.

Analisis Yuridis Terkait Peran Tni Sebagai Pertahanan Keamanan Dan Bela Negara Dalam Menghadapi Kejahatan Siber

Daya Nur Pratama, Irwan Triadi — Thu, 18 Jan 2024 00:00:00 +0700

This journal writing discusses the role of the TNI as a security defense and national defense in dealing with cyber crime in the digital era. This research aims to understand and analyze juridical analysis regarding the role of the TNI as a security defense and state defense in dealing with cyber crime. In writing this journal, we used a library approach research method which took as its basis the legislation in force in Indonesia and used a descriptive analysis method, namely by analyzing existing problems and the role of the Indonesian National Army as a security defense and state defense. The role of the Indonesian National Army (TNI) as a security defense and state defense in the face of cyber crime is emphasized in Law Number 34 of 2004 concerning the Indonesian National Army in chapter VI concerning the deployment and use of TNI forces. The TNI as a component of defense and security and state defense is correct in implementing existing regulations in Indonesia. However, the existence of cyber crimes that occurred in Indonesia has become an evaluation material to further improve military strategy in this case so that this conflict can be resolved quickly.

Teknologi Marketplace dan E-Commerce dalam Jual Beli Menurut Fiqih Muamalah

Fri, 19 Jan 2024 00:00:00 +0700

The purpose of this study is to determine whether online sales through marketplaces and e-commerce are compliant with Islamic law that can be upheld. This study anticipates problems that sellers, buyers, and shipping companies may encounter in Islamic law. This type of research methodology is known as theoretical sketching, which involves conducting literature reviews on books that discuss the use of marketplace and e-commerce technology in the sale of goods in accordance with Islamic law. Additionally, research is conducted on journals and the internet regarding the subject matter and the role of Islamic law in addressing it. The conclusion drawn from this research is that marketplace and e-commerce technologies in the context of buying and selling do not conflict with Islamic law, which is the principle of mutual benefit between one person and another. By paying with a unique code, both parties will not feel cheated, hence reducing pressure and selection. Because marketplaces and e-commerce are platforms with the function of third parties, they are sometimes referred to as sales and purchase channels in the course of the buying and selling process.

Status Hukum Jasa Penyebrangan Ditinjau Dari Peraturan Lalu Lintas Dan Angkutan Jalan

Tarzet Prasetyo Mukti, Ahmad Sholikhin Ruslie — Mon, 22 Jan 2024 00:00:00 +0700

Road crossing services, also known as "Pak Ogah or Cepek Police" are people who regulate traffic unofficially in return for modest money who do not have a permanent job and consider it an opportunity that can be exploited and make money in exchange for traffic control services. Some people consider the actions of road users to cross the road, some feel very helpful. This study aims to analyze crossing services in the perspective of traffic law no. 22 of 2009 concerning road traffic and transportation. The type of research used is normative by using the statutory approach, the conceptual approach. The results of this study obtained that the existence of crossing services is not regulated in Law no. 22 of 2009 concerning Road Traffic and Transportation. Basically, any person or group of people who do not have the authority are prohibited from controlling traffic at crossroads, bends or roundabouts with the intention of getting compensation for services. This traffic control activity is carried out by individuals
or an organized group of people with the intention of obtaining monetary rewards. Positive law in Indonesia itself has regulated what victims are entitled to when a Traffic Accident occurs in general as stated in Article 240 of Law Number 22 of 2009 concerning Road Traffic and Transportation.

Kepastian Hukum Penetapan Sertifikasi Halal di Indonesia Ditinjau Dari Undang-Undang Nomor 6 Tahun 2023 Tentang Cipta Kerja

Seftia Wahyu Nur Efendi, Dipo Wahyoeono H — Mon, 22 Jan 2024 00:00:00 +0700

This research discusses legal certainty in the determination of halal certification in Indonesia in the Job Creation Law. Definition of Halal Certification, Halal certification is a process to obtain a halal certificate by going through several stages of examination to prove that the raw materials, production process, and product halal assurance system at a company are in accordance with established standards. In Law No.6 of 2023 concerning Job Creation also facilitates halal certification with the issuance of self declare, self declare itself is a statement of the halal status of micro and small business products by the business actors themselves. This research uses normative juridical research methods. In this context, the Job Creation Law introduces significant changes in the regulation of Halal Product Guarantee, including cutting the time for the halal certification process and introducing a self-declare mechanism for micro businesses. These changes are expected to accelerate the growth of the halal food industry in
Indonesia and improve the competitiveness of halal products in the global market. As such, this research provides an in-depth understanding of the legal framework governing the establishment of halal certification in Indonesia and how it interacts with the legal changes brought about by the Job Creation Law. This research also identifies the importance of maintaining a balance between bureaucratic simplification and the sustainability of the implementation of Halal Product Guarantee in the context of Indonesian society.

Pemeliharaan Anak Pasca Perceraian Pada Kasus Kekerasan Dalam Rumah Tangga Menurut Hukum Positif Indonesia

Sun, 28 Jan 2024 00:00:00 +0700

The aim of this research is to find out what positive legal views in Indonesia are regarding child maintenance rights after divorce due to domestic violence. This study conducted in order to know whether positive law in Indonesia regulates how children are cared for due to domestic violence, therefore the author looked for information related to this problem through books and also trusted journals, so that the information the author obtained could be used as information. A reference for learning how positive law in Indonesia regulates these problems. The research method that the author uses is qualitative (theoretical), where the author conducts research on books that discuss child care rights, and also on domestic violence, and the author also conducts research on journals and the internet, regarding these problems, and how positive law is applied. Indonesia regulates this problem. The results of this research explain that according to the compilation of Islamic law, Article 105 letter (a) regulates that the care of children who are not mumayyiz or who are not yet 12 years old is the right of the mother. Article 45 of Law Number 1 of 1974 states that parents are obliged to care for and educate their children as best as possible until the child marries or becomes independent, and this obligation will continue to apply. And based on law Number 23 of 2002 concerning Child Protection also states the rights and obligations of children, in this law child protection is given greater priority.

Penerapan Prinsip Persaingan Usaha Atas Pelaksanaan E-Purchasing dalam Pengadaan Barang Jasa Pemerintah

Ira Kurnia Prasetia, Moh Soleh — Fri, 09 Feb 2024 00:00:00 +0700

In the context of developing MSMEs in the world of E-commerce, the Government also provides government goods/services procurement platform facilities that can be accessed by MSME business people to take part in providing goods/services using a method termed Epurchasing or electronic purchasing. The existence of the Electronic Catalog and the EPurchasing process is intended as a media/platform and an easy alternative procurement process for actors procuring Government Goods/Services. A transparent and open Electronic Catalog creates a competitive business climate, encourages the development of product quality at reasonable product prices, thus encouraging growth in the performance of Domestic Business Actor partners. Apart from that, through the implementation of the Electronic Catalogue, the Government also obtains accurate reports on transactions for purchases of Goods/Services at Ministries/Institutions/Regional Governments.

Penegakan Sanksi Pidana Sebagai Ultimum Remidium dalam Pelanggaran Lingkungan Hidup

Ayu Wulandari — Fri, 09 Feb 2024 00:00:00 +0700

In the context of environmental licensing, structural transformation is needed towards this paradigm of granting environmental permits. This is because of the concept past development is the concept of depleting natural resources, without think about environmental impacts, in the form of environmental damage and pollution. This makes the principle of economic optimization a major part of utilization of natural resources. However, recently, the concept of development that will be held must pay attention to environmental impacts, far to future, oriented towards future generations, it is necessary to carry out research law to study further regarding whether to immediately be subject to sanctions criminal law as an ultimum remedium in violations of environmental permits and what form or mechanism for its implementation. Hence, the title raised in this legal research is "Enforcement of criminal sanctions as Ultimum Remidum in Environmental Violations”.

Pemungutan Pajak Pertambahan Nilai dan Pajak Penghasilan Terhadap Pelaku Usaha Mikro dalam Pelaksanaan E-purchasing Pada Pengadaan Barang/Jasa Pemerintah

Vieka Ariestyani Antari — Fri, 09 Feb 2024 00:00:00 +0700

The government in order to regulate national development financing obtained from taxes, one of which is from the business sector, has published several regulations including the Regulation of the Minister of Finance of the Republic Indonesia Number 58/PMK.03/2022 concerning Appointment of Other Parties as Tax Collectors and Procedures for Collection, Deposit and/or Reporting Taxes Collected by Other Parties on Goods Procurement Transactions and/or Services Through the Government Procurement Information System. In order to development of MSMEs in the world of E-commerce, the Government also provides government goods/services procurement platform facilities that can be accessed by MSME business people to take part in providing goods/services using this method Epurchasing or purchasing electronically.

Kedudukan Perjanjian Kawin Yang Dibuat Setelah Perkawinan Terhadap Pihak Ketiga

Fitri Mindari Handayani — Fri, 09 Feb 2024 00:00:00 +0700

The diversity of religions and beliefs in Indonesia does not rule out the possibility of marriage between followers of religions and beliefs. According to Article 35 and its explanation, as well as Article 37 paragraph (1) of Law Number 23 of 2006 concerning Population Administration which indirectly provides opportunities for interfaith marriages to occur. This type of research is Normative Legal Research by determining legal issues, collecting legal materials, examining legal issues based on the materials that have been collected, drawing conclusions in the form of arguments that answer legal issues. The conclusion of this research is that according to law, interfaith marriages are invalid through the Review of Law Number 1 of 1974 concerning Marriage, the Compilation of Islamic Law and Islamic law as well as the Constitutional Court Decision Number 71/PUU-XX/2022.