LITIGASI

KAJIAN PERLUASAN KUALIFIKASI MAKNA BARANG DALAM YURISPRUDENSI HUKUM PIDANA BELANDA DAN INDONESIA DI ERA SIBER

2024-04-27T00:23:43+07:00

The development of information technology, especially the internet, has affected criminal law. One of the resulting impacts is the qualification of goods in the cyber era. The development of criminal law in the Netherlands, particularly the Criminal Code, related to information technology is progressive regarding the qualification of goods, including cases related to the interpretation of goods in cyberspace by the Supreme Court of the Netherlands. This article argues that Dutch criminal law has repeatedly extended the qualification of the meaning of goods related to cybercrime through the jurisprudence of the Supreme Court of the Netherlands. The expansion of the qualification of goods in Dutch criminal law contextually includes account balances, online gaming features, and credit. Indonesian jurisprudence has once expanded the scope of goods in deciding account balance cases. The extension of the qualification of goods, including computer data in the National Criminal Code, based on problematic decisions of the Arnhem High Court in the Netherlands, is contradictory to the spirit of national criminal law reform.

Keywords: Qualification, Goods, Criminal Law.

ANALISIS YURIDIS PENGUASAAN TANAH TERLANTAR EX HAK GUNA USAHA OLEH MASYARAKAT DESA KASOMALANG

2024-04-17T13:50:47+07:00

The rapid development of the times and community development has caused an increase in population, but this increase in population was not in line with the availability of land. Land has a very high economic value so that it is everyone's obligation to maintain and retain its existence as an object of economic value. One type of land right is Cultivation Rights, which is the right to manage a piece of land given by the state to a business entity or individual in order to increase productivity and community welfare. This research is normative juridical research with the nature of descriptive research analysis, the data obtained is then analyzed with qualitative juridical methods. The abolition of Cultivation Rights resulted in the status of land becoming state land, so that the state reorganized its use, usage, and ownership through the Minister. If the Cultivation Rights period has expired and more than 2 (two) years the party granted by Cultivation Rights does not carry out the rights renewal process and does not cultivate and utilize the land granted, it cannot have priority rights. On the contrary, people who use land that is not cultivated or used by former rights holders, are entitled to priority rights as proposed by Ter Haar. However, the community still needs to apply for rights through the local Land Office.

Keywords : Cultivation Rights, Abandoned Land, Land reform.

PERBANDINGAN TINDAK PIDANA PERKOSAAN ANTARA KUHP BARU INDONESIA DENGAN SEXUAL OFFENCES ACT 2003 INGGRIS

2024-03-21T13:05:33+07:00

Indonesian criminal law has undergone reforms since the promulgation of the Indonesia’s New Penal Code in 2023. This legal reform also refers to the provisions for the crime of rape which are regulated in Article 473 paragraph (1) of the Indonesia’s New Penal Code. This reform indicates that the paradigm regarding the rape crime in Indonesia has changed. With those changes, this research attempts to make a legal comparison between the New Penal Code and the England Sexual Offences Act 2003 – which is also a form of the legal reform. The research method used is normative juridical using analysis on legislation and comparative analysis. Based on a comparison on the regulation of the rape crime between the Indonesia’s New Penal Code and the England Sexual Offences Act 2003, there are several similarities and differences. Therefore, it could be seen the advantages and disadvantages of each regulation, both from the Indonesia’s New Criminal Code and the England’s Sexual Offences Act 2003. From this comparison, several advantages could be found in the Sexual Offences Act 2003 regarding the rape crime in England which could be an input on the regulation of the rape crime in the Indonesia’s New Criminal Code, so that better law would be created.

Keywords: Rape, The New Indonesian Criminal Code, Sexual Offences Act 2003.

KEPASTIAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL YOUTUBER DALAM TRANSAKSI PEMBIAYAAN BANK MENGGUNAKAN KONTEN YOUTUBE

2024-04-18T09:56:37+07:00

This article examines the role of YouTube Content as an intellectual property asset (IP) in copyright transactions in banking financing, where the content is used as collateral. The main focus is on how copyrighted content, such as that found on YouTube, can enhance value and provide legal certainty on the assets in financing. Using normative juridical analysis and qualitative analysis methods, this research discusses regulations, expert views, and legal aspects related to Intellectual Property Rights (IPRs), with a specific focus on YouTube content. The research findings indicate that YouTube content has great potential as collateral in financing but is hindered by legal challenges such as determining the value of IPRs, copyright protection, and changing market dynamics.

Government Regulation Number 24 of 2022 supports the creative economy through an IPR-based financing scheme, requiring legal awareness and collaboration among all stakeholders. The conclusion emphasizes the importance of proactive action by banks to protect copyrights when using YouTube content as collateral, as well as the importance of legal certainty to support creative economic actors. The implementation of these regulations is considered strategic to support the growth of the creative economy, with the protection and utilization of IPRs as key assets.

Keywords: Intellectual Property Rights, Bank Financing Transactions, YouTube Content as Collateral, Creative Economy Actors, Legal Certainty.

PENGATURAN TENTANG FEMISIDA DALAM HUKUM PIDANA INDONESIA (KAJIAN PERBANDINGAN UU HAM DAN UU TPKS)

2024-04-17T11:30:39+07:00

Femicide is the taking of the life of a woman or girl because she is a woman or because of gender-based violence. The type of femicide that is often found in the field is intimate femicide, which is committed by people who have a relationship with the victim. Indonesia has various laws and regulations that regulate the protection of women and girls, including the Human Rights Law, the Child Protection Law, the Domestic Violence Law, and the TPKS Law, but the specific regulation of femicide has not been explicitly described in these various laws and regulations. This research uses a normative juridical method, which is legal research that places the law as a building system of norms that are studied through principles, norms, rules of laws and regulations, agreements, and doctrine. Based on the results of the discussion, it is found that there are 7 types of femicide that occur in the society, including the Indonesian society. the regulation of femicide has not been explicitly regulated in the Human Rights Law or in the TPKS Law. The Human Rights Law regulates the protection of human rights including women's rights in Article 45. Meanwhile, the TPKS Law further regulates the types of femicide that occur in Indonesia such as gender-based sexual violence, pornography, dating and domestic violence.

Keyword: Femicide, Human Rights, Sexual Violence Crime.