Jurnal Ilmiah Hukum dan Hak Asasi Manusia

Analisis Prinsip Keadilan dalam Kontrak Tanah Negara

Fatimah Fatimah, Nur Asyiah — Mon, 20 Jan 2025 00:00:00 +0700

Purpose: This study aims to analyze the application of the principle of justice in resolving state land contract disputes based on the principle of justice in Indonesian law, as well as Indonesian land law policies that support the principle of justice in state land management contracts.

Methodology: This research is a normative legal research, which examines laws and regulations, court decisions, and legal doctrines related to the principle of justice in state land contracts. The type of research used is descriptive research. It is expected that this research can provide a comprehensive understanding.

Results: State land contract disputes are resolved for legal certainty in the management of state land, with the role of the government and judicial institutions based on positive law in every decision.

Conclusion: Penyelesaian penyelesaian kontrak tanah negara di Indonesia harus berlandaskan prinsip keadilan distributif, korektif, prosedural, dan restoratif.

Limitations: This normative study examines the causes and legal consequences of the degradation of notarial deeds and requires formal compliance, without involving empirical analysis..

Contribution: Clarifying the concept of legal policy regarding the role of the state in regulating land management in a fair and transparent manner.

Implikasi Hukum Deepfake: Telaah terhadap UU ITE dan UU PDP

Rafi Satrya Arvitto — Fri, 03 Jan 2025 00:00:00 +0700

Purpose: This study aims to analyze the regulation of deepfake technology usage within the legal framework of Indonesia, particularly concerning the Information and Electronic Transactions Law (UU ITE) and the Personal Data Protection Law (UU PDP). The main focus of this research is to identify whether existing regulations are sufficiently effective in addressing the threats posed by the misuse of deepfake technology and to assess the extent to which legal gaps affect the protection of victims.

Methodology: This research employs a normative juridical approach with a statute-based method. The data used in this study includes primary and secondary legal materials, including relevant regulations and literature discussing deepfake technology and its impact on the law.

Results: The research findings reveal that while UU ITE and UU PDP regulate data falsification and personal data protection in general, they do not specifically address the use of deepfake technology. This has resulted in a legal gap that causes uncertainty in handling deepfake cases in Indonesia. As a consequence, many abuses of this technology cannot be clearly addressed under existing regulations.

Limitations: This study is limited to an analysis of existing regulations in Indonesia and does not include a comparative study with regulations in other countries. Furthermore, the research does not cover technical solutions related to deepfake detection, which could be part of a preventive approach.

Contribution: This research contributes to understanding the shortcomings of regulations concerning deepfake technology in Indonesia and emphasizes the need for updates or additions to the legal framework to address these specific crimes. The study also provides a foundation for the development of more effective legal policies to tackle digital threats, particularly in relation to personal data protection and the misuse of AI technology.

Arbitrase Internasional: Evaluasi Efektivitasnya sebagai Mekanisme Penyelesaian Sengketa Alternatif

Rudi Natamiharja, Oksha Dwi Anugrah Panjaitan, Ikhsan Setiawan — Fri, 03 Jan 2025 00:00:00 +0700

Purpose: This paper aims to determine the extent to which international arbitration is of interest to the parties and how international arbitration can become an adequate alternative settlement.

Methodology: This paper is included in the normative research type. The author uses an Analytical Approach. The data collection method in this paper is a literature study. After collecting all the necessary data, the next step is identifying and classifying the data. This research uses a qualitative analysis method. The qualitative analysis method analyzes secondary data that has been obtained to develop hypotheses to answer the problems in this paper coherently and logically.

Results: International Arbitration interests the parties due to the advantages of arbitration, one of which is its unlimited relative competence; whether international arbitration is compelling depends on the interests of the parties in the dispute and whether they are fulfilled.

Limitations: This research is within the scope of international law.

Contribution: This study contributes to understanding the strengths and weaknesses of international arbitration as an alternative dispute resolution mechanism and provides practical recommendations for strengthening domestic and international legal frameworks to enhance its effectiveness

Keabsahan Tanda Tangan Digital dalam Transaksi Bisnis

Cok Trisna Dewi Pemayun, Putu Eka Trisna Dewi — Wed, 22 Jan 2025 00:00:00 +0700

Purpose: The aim of this research is to examine and analyze the regulation of electronic signatures in law in Indonesia and the legal power of electronic signatures

Methodology: The research used legal research with normative aspects, which is a step to finding a legal rule, legal principles, or legal doctrines to answer the legal issues faced. This legal research was conducted using descriptive-analytical research specifications. This study's data collection method was library research and qualitative data analysis.

Results: The regulations regarding electronic signatures in Indonesian law are contained in various laws and regulations. The legal power of a valid Electronic Signature is as long as it meets the requirements in Article 11 paragraph (1) of Law Number 1 of 2024 concerning Information and Electronic Transactions, then in Government Regulation Number 71 of 2019 concerning the Implementation of Electronic Systems and Transactions, it is stipulated that there are 2 types of Electronic Signatures, namely certified and uncertified. Certified electronic signatures must also meet the validity of the legal force and legal consequences of electronic signatures as required in Article 59 paragraph (3), using electronic certification made by the Indonesian Electronic Certificate service provider and made using a certified electronic signature maker.

Limitations: This study is limited to the validity of digital signatures in business transactions in Indonesia.

Contribution: This research helps contract designers draft electronic contracts and provides a reference for judges when examining cases related to the validity of digital signatures. Theoretically, it contributes to the development of business law science, especially contract law.

Upaya Non Penal Penanggulangan Pembakaran Hutan dan Lahan di Provinsi Lampung

Sat, 25 Jan 2025 00:00:00 +0700

Purpose: To purpose the non penal efforts in dealing with forest and land burning in Lampung Province.

Methodology/approach: The methods used in this research are normative legal and empirical legal approaches, namely by conducting literature studies and field studies by seeking information through interviews.

Result/findings: The findings show that based on data from the Lampung Regional Police (Polda), there have been no reports of forest and land fires in Lampung Province in recent years. However, data from the Ministry of Environment and Forestry shows that forest and land fires still often occur in the region. Therefore, overcoming criminal acts of forest and land burning requires serious and integrated efforts from various authorized parties.

Conclusions: karhutla control in Lampung Province through non-penal efforts focuses on preventive and educational steps, such as counseling, patrols, and monitoring of hotspots by the Lampung Police and the Forestry Service. Collaboration with local governments, NGOs, and the community is the main strategy in reducing the number of karhutla. Meanwhile, non-penal efforts face obstacles such as limited personnel, minimal facilities, low public awareness, and the habit of clearing land by burning. Therefore, synergy between various parties is needed to increase the effectiveness of forest and land fire prevention and control.

Limitations: This research only analyzes non-penal efforts to prevent forest and land fires in Lampung based on data from relevant agencies, without discussing the effectiveness of criminal law enforcement or the long-term impact of policies, apart from that, differences in reports from various sources are a challenge in obtaining a completely accurate picture of forest and land fire incidents in Lampung.

Contribution: Making a positive contribution to agencies involved in preventing forest and land fires, so that they can play a more active role in improving law enforcement and protecting the community in the future.

Penegakan Hukum terhadap Praktik Destructive Fishing pada Perairan Lampung

Sat, 25 Jan 2025 00:00:00 +0700

Purpose: This study analyses law enforcement against destructive fishing practices in Lampung waters and the factors that can hinder it.

Methodology: The research used a normative juridical approach and was supported by an empirical juridical approach. Primary and secondary data were used. Primary data are sourced from interviews, and secondary data are sourced from books, research results, and journals.

Results: The study found that law enforcement against destructive fishing in Lampung involves three stages: formulation through relevant laws; implementation by the police with pre-emptive, preventive, and repressive actions; and execution through the punishment of offenders. Obstacles to enforcement include weak legal frameworks, reliance on Emergency Law Number 12 of 1951, limited patrol boats, lack of forensic laboratories, and low public legal awareness. These challenges have contributed to the continued prevalence of destructive fishing and have hindered effective law enforcement.

Limitations: This research is limited to law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it.

Contribution: This research can be an educational tool for analysing law enforcement against destructive fishing practices in Lampung waters and the factors that hinder it.