Suchergebnisse

This study aims to describe the pattern of legal relationships that occur in financing activities through qardhul hasan in the Sharia Savings and Loans Cooperative (KSPPS) located in Karanganyar Regency, based on the doctrinal (normative) approach method which prioritizes secondary data and analysis based on deductive logic. Based on the results of the research and discussion conducted, it was found that the norms used to regulate legal subjects, legal objects, rights and obligations of recipients of financing, KSPPS rights, Submission of Collateral, breach of contract, legal remedies and dispute resolution in general were in accordance with the norms -applicable norms and MUI DSN fatwas, although in some parts there are some things that are not in accordance with positive law and MUI DSN fatwas.

Purpose: This study aims to determine the criminal law policy on sexual exploitation in Indonesia and discover the current legal policy from the perspective of victimology.Methodology: This study is based on doctrinal legal research or normative juridical procedures with a legal perspective in the traditional sense of "law in the book". Normative legal research is essentially a legal research library in which the author studies the legal principles beginning with specific sectors of the legal system and the identification of legislatively enacted legal norms.Results: The findings revealed that the criminal law policy on sexual exploitation in Indonesia and the current legal policy from a victimology view, comprising the legal protection from Law Number 21 of 2007 concerning the Crime of Trafficking in Persons, Law Number 23 of 2002 concerning Protection Children, and Law Number 35 of 2014 concerning Amendments to Law Number 23 of 2002 concerning Child Protection, have attempted to fulfill the rights of victims, although a detailed explanation of legal protection efforts has been more based on the child protection law. Moreover, according to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have prioritized victims' interests.Benefits: This study was designed to serve as a reference for the government and parties concerned with Indonesia's criminal law policy on sexual exploitation and its current legal policy from a victimology viewpoint. It is intended to result in law enforcement being more equitable and capable of combating sexual exploitation in the digital age.Novelty/Originality: Regarding responsibility for certain sorts of child sexual exploitation, the child protection legislation is more onerous than the trafficking statute in terms of penalties and threats. The two laws have endeavored to uphold victims' rights in legal protection. However, the child protection statute includes a more extensive description of the legal protection measures. According to victimology, focusing on victims, criminal law policies addressing incidents of human trafficking or, more specifically, commercial sexual exploitation of children have emphasized victims' interests

The democracy in Indonesia develops with the shift of people's behavior. People's social lifestyles have shifted with the use of social media and the digitalization process. In the last few years, there have been many cases of hashtag actions in social media, such as Facebook, Twitter, and Instagram. This is a new legal phenomenon in the practice of democracy, called digital democracy. In its practice, some problems occur. Thus, there need to be solutions so that digital democracy can run effectively and efficiently. There needs to be characteristics and forms of legal protection. This qualitative research uses the normative approach and the literature study analysis. Results show that after being compared to legal stipulations, doctrines of experts, and democratic principles, the characteristics of the digital democracy above are already according to the democratic norms, doctrines, and principles. Even though it has not yet been explicitly regulated, the legal stipulations in Indonesia may still be used to regulate and protect these practices. But, as a form of democratic dynamics, there need to be further regulations to handle the problems of the hashtag actions in social media, so that it may run well.

Pop-up advertisements have become prevalent on websites. When users click on the banner, they navigate a separate window; banner and pop-up advertisements contain attractive audio-visual and animated graphics. This intrusive advertising has not explicitly regulated Indonesia's current legislation, including Electronic Transaction and Information Law 11/2008 (ITE Law). Also, it is exempted in the Indonesian Pariwara Ethics, guidelines for advertising ethics and procedure in Indonesia. This study aimed to revisit consumers' protection toward pop-up advertisements in Indonesia, with two main discussions. First, it discussed online consumers' perceptions of pop-up advertisements and the classification of their responses. Second, it enquired to what extent the legal and ethics protection for online consumers in Indonesia. By using empirical legal research, this study concluded that the ITE Law prohibits anyone from spreading online information with content that violates immorality and gambling, as it often contains in pop-up advertisements. Through the lens of business ethics, pop-up advertisements are new media and they should not be installed in such a way as to interfere with the freedom of internet users, given that pop-up advertisements do not reflect the ethics of honesty, trust, and advice in business. KEYWORDS: Consumers' Protection, Online Advertisements, Business Ethics.

Abstract: The internet offers unprecedented power to provide users with health information for patients, health professionals, and professionals. Maintaining the integrity, data systems, and confidentiality of individual health information, quality of content, and consumer protection and the commercial interests of the health industry against unethical practices, are areas of greatest concern in the implementation and use of the Internet. However, there is no national and international legislation for regulating the use of online-based health services. This research is a Literature review that aims to explore ethical and legal issues in the use of online-based health services (E-Health). The review process begins by identifying journal articles that are relevant to the research topic. This study concludes that the use of online-based health services (E-Health) is an important public health issue. E-Health emerged as a tool for developing new diagnostics and therapeutic interventions. Ethical issues related to crossing clinical practice and online communication about health services. This allows discriminatory or unethical behavior and is not following the professional code of ethics. E-Health licensing standards and regulations have not been implemented in many countries. So that health workers are required to code of ethics in the use of online-based health services (E-Health).

Purpose of the study :Describe the comparison of Online Prostitution Law in Indonesia and Egypt Methodology :Research methodology is qualilative approach with normative legal research. Therefore, in this study, it is preferable to secondary data collected by literature studies. Data that has been processed for further qualitative analysis Results:The results of this study found that the comparison of the two countries has similarities, namely the lack of legislation on online prostitution and the existence of a police specialty that investigates cases of prostitution in Egypt namely "Good Moral Police" while in Indonesia there is such police available. Novelty/ Originality of this study:The novelty value of this study is the comparison of the law with the specificity of the police who are in the case of prostitution in Egypt.

Purpose of the study: The benefits of the internet during a pandemic bring opportunities for cybercrimes, such as online data theft and leakage of consumers' personal data. For this reason, the objectives of this study are 1) to determine the phenomenon of misuse of consumer's personal data amidst COVID-after19 in Indonesia and 2) to describe strategies in preparing consumer personal data protection as the key to the success of the new normal in Indonesia. Methodology: This study used non-doctrinal research. To describe the phenomenon of misuse of consumers' personal data amidst COVID-19 in Indonesia, the data were collected by distributing questionnaires to internet users in Indonesia and applying qualitative methods employing survey data collection techniques with stratified multi-stage random sampling technique. Results: It was found that the consumers' personal data in Indonesia is still unprotected, so the conception adopted by the European Union and the OECD can be used as a reference for Indonesia in making a Law on Personal Data Protection.Applications of this study: To raise the people's awareness in protecting online personal data and encourage the government to educate society on cyber security through the National Cyber and Crypto Agency Novelty/ Originality of this study: This paper analyzes the protection strategy of e-commerce consumers during the new normal situation in Indonesia. The originality is that it discusses amidst Covid 19 cyber security.

The presence of sharia insurance in Indonesia complements the presence of types of insurance in Indonesia. The existence of sharia insurance in an effort to compensate victims of natural disasters is very important because the existence of Muslims requires halal certainty from insurance, how it differs from conventional products, what are the prospects in Indonesia and what are the challenges faced. Qualitative descriptive method was chosen to describe the condition of Islamic insurance in Indonesia. The results of the study indicate that in the development of sharia insurance in an effort to compensate victims of natural disasters, there are prospects, obstacles and various supports needed for the development of sharia insurance in Indonesia, synergy between Ulama, government Umara in the form of regulation and supervision

The placement program of Indonesian migrant workers overseas is the Indonesian government's program for the society's welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King's decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country's government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer's complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country's delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia's safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn't involve the domestic worker. The three contracts which are signed in Indonesia, in front of the Immigration Office, and the one-sided contract between the employer and the agency regulates the same thing, though there is a chance that in all three contracts, the wages written are different.

The placement program of Indonesian migrant workers overseas is the Indonesian government's program for the society's welfare. One of the referential laws used in the working relations between the Indonesian migrant workers and the Arabic employers is the employment agreement. The Saudi Arabian employment agreement implements the sharia law which is influenced by the Hambali school of taught. The King's decree No. M/51 year 2005 regulates the labor laws in Saudi Arabia, and this country's government only accepts employment agreements written in Arabic. The solution is that the employment agreements written in two languages are prepared, with Arabic as the authoritative language. Apart from implementing the Kafala System, as a substitute of tax, Saudi Arabia also implements the Nitaqat Policy. The employment agreements in Saudi Arabia have a high risk of being misused by the agencies, as the position of the Indonesian migrant workers is under the responsibility and under the power of the agencies, who have the right to terminate or to send the workers back home if there are some problems. The employment agreements are made because of the employer's complaints on how the migrant workers often run away, which undoubtedly causes them a high loss. The aim of the contract is so that both parties may achieve a win-win solution, and that they are both given protection. Yet, the contract also limits the participation of the host country's delegates, as all affairs are given to the Saudi Arabian Immigration Office. The employment agreement must be owned by both parties. Yet, based on some researches established by the Embassy of the Republic of Indonesia's safe house, it is known that almost none of the migrant workers keep an employment agreement. Another problem is that there are multiple contracts: one before departing for Saudi Arabia, and a different one after having arrived in the country. Another written agreement that is signed by the employer and the agency in Saudi Arabia doesn't involve the domestic worker. The ...

INTRODUCTION: The modern welfare state concept is based on individualistic and liberal social contracts that prioritize individual interests with liberalist, partial and non-holistic hegemonies. The welfare state concept has failed in directing citizens to achieve justice, peace, and welfare. The basic aim of the Republic of Indonesia's formation is to form a welfare country. But the Indonesian constitutional articles do not have the power to form a welfare society compared to those of other states, such as Norway, Japan, the USA, and Malaysia, whose constitutions aim to achieve welfare. OBJECTIVE: This research aims to explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. The urgency of this research is on the effort of model invention, or a new postulate on the form of the Indonesian Legal Welfare State. METHODS: This is normative-juridical research with a philosophical approach to find and explore the formulation of Indonesia as the Prophetic Transcendental-Based Legal Welfare State. CONCLUSION: This research found that as a Legal Welfare State, Indonesia inspirits Pancasila as the moral-spiritual guidance in all developmental policies on the national law, economy, politics, and culture. Thus, the direction of the state's development is inseparable from its roots, namely the prophetic and transcendental Pancasila. NOVELTY: The previous researches discussed Indonesia as a welfare state only based on the determining legislation or laws. But this research discusses the philosophical aspect based on the thoughts of Indonesia's founding fathers.

Doctorate students of legal studies programs in Indonesia use various research methods. This paper aims to analyze research methods patterns used by doctorate students of legal studies in six Indonesian universities. The authors analyzed dissertations from the Doctorate Program of Legal Studies in the following universities: Universitas Indonesia (Depok, West Java), Universitas Padjajaran (Bandung, West Java Province), Universitas Sumatera Utara (Medan, North Sumatra Province), Universitas Airlangga (Surabaya, East Java Province), Universitas Diponegoro (Semarang, Central Java Province), and Universitas Hasanuddin (Makassar, South Sulawesi Province). This philosophical method research used secondary data obtained using the literature review method in the form of dissertations from six universities that establish legal studies doctorate programs. Results showed that there are three patterns of epistemology used by doctorate program students of legal studies in Indonesia, namely those that are based on the doctrinal approach, those based on the non-doctrinal approach, and those based on the combined approach between the doctrinal and the non-doctrinal approaches. In this research, some dissertations with the epistemological pattern were also found that are is based on theoretical assumptions sourced from the teachings of the positivistic legal philosophy school of thought as taught by Austin and Kelsen.

The right to control from the state is a right that at the highest level is controlled by the state as an organization of power for all the people. This right gives the state authority as stated in Article 2 paragraph (2) of the UUPA. However, these various regulations and policies at the level of implementation do not harm the principles of the rights of the Indonesian people. The presence of the Job Creation Law which regulates land acquisition for development is considered pragmatic, more oriented towards investment and economic interests so it is considered to ignore the ideals and rights as well as the spirit of agrarian reform that favours the interests of farmers. The right of control of this state builds relations between the state and the nation, namely a kind of customary rights relationship that is raised at the highest level, namely the level that affects the entire territory of the country. The meaning of being controlled by the state contained in Article 33 of the 1945 Constitution is not explicitly formulated in its explanation. This allows the emergence of various interpretations of the meaning of this service trying to socialize land acquisition policies in the context of agrarian reform.

There are two emerging markets in Indonesia, namely traditional markets and modern markets. Traditional market reform is one of the government's programs to improve the performance of market traders. The existence of medicine environment aspects as the development of the quality of traditional markets is important to be discussed. The greater the health and medicine environmeny that occur shows a is a reflection of the level of public welfare. its development Traditional markets are beginning to be marginalized, this is due to the quality of commodities and un health environment that are not guaranteed.

Health insurance is one of the aspects and part of the social insurance which must be given by the state to its citizens, including migrant workers. There are millions of Indonesian migrant workers who work overseas, so health insurance is an urgent need to be fulflled, as it is a constitutional right of the citizens. The government gives a legal protection for migrant workers according to the legislation, the destination country's law, as well as the international laws and customs. One form of protection given by the government is the right to receive health insurance. Each country has its own characteristics and procedures in giving health insurance protection to its migrant workers, which may result to problems and obstacles in its implementation, which is caused by differences in it law and its government's administration. Indonesian social insurance protection for migrant workers is managed by BPJS (Badan Penyelenggara Jaminan Sosial/Social Security Administrator) as written in the Mandate of 1945 Constitution (Amanat UUD 1945), yet in reality, health insurance protection from the state of Indonesia for Indonesian migrant workers abroad is not yet operated because the facility mechanism overseas cannot work together with BPJS Kesehatan (Health).