Authors:La Ode Angga La Ode Angga, Hasan Suat Pages: 209 - 234 Abstract: From the case of environmental destruction and pollution that occurred in Buru Island, Maluku Province, the principle of civil liability or known as “obligation” or “aanspraakelijkheid” can be used for those who need assistance to the community and can be used for the principle of accountability. In the case of environmental destruction and pollution that occurs on Botak Island, Buru Mountain, the miners used mercury and cyanide to process minerals in obtaining gold. Based on Article 87 paragraph (1) UUPPLH, the obligation from this pollution can be qualified for the fulfilment of violation, including (a) committing an unlawful act; (b) The presence of environmental pollution and or damage; (c) cause harm to other people or the environment; and (d) is a responsibility and/or activity. Furthermore, to be able to fulfill the compensation according to civil law, Article 1365 of the Civil Code requires the existence of a onrechtmatigedaad or acts against the law, which contains: (a) the act violates the law; (b) the action is based on mistakes; (c) the consequences of these consequences; Article 1365 of the Civil Code can indeed protect one's rights because a party has suffered from the actions of others that cause these disadvantages. Therefore, it is assumed that being against the law here outlines the existence of rights and obligations when committing an act, either an error or negligence or also injuring another person, and resulting in arising from other people. Keywords: Environmental, Pollution, Responsibility PubDate: 2019-11-15 DOI: 10.25041/fiatjustisia.v13no3.1695 Issue No:Vol. 13, No. 4 (2019)
Authors:Wahyu Sasongko Pages: 307 - 320 Abstract: Playback of music or songs on the radio has the potential to infringe the copyright songwriters. Based on the applicable legal provisions, namely Law Number 28 the Year 2014 concerning Copyrights, the songwriter is the copyright owner of music which is protected by law. Therefore, parties who take advantage of music must obtain permission from the copyright owner. Radio companies should get permission from the copyright owner to play the music on their radio station. However, it is difficult to oversee the playback of the music on the radio. In this context, a collective management agency (CMA) emerges, but the presence of a CMA is not mandatory or optional. Therefore, this paper does not involve CMA. In this regard, legal issues arise, namely how to protect music copyrights according to applicable law to attain legal certainty. This paper is a theoretical study of legal theory or legal doctrine relating to the rights of songwriters. In legal science or jurisprudence, it is not clearly distinguished between legal doctrine and legal theory. In discussing this issue, firstly it will be discussed about the meaning and types of music copyrights. Next, it will be discussed about the legal construction or legal framework of music copyrights. Based on theoretical studies, songwriters have various rights with specific characteristics so that the treatments must also be accurate. The legal construction of music copyrights is intertwined in a network of legal binding that is influenced by subject and object factors. The subjects involved are interconnected to use the music as its object. The legal relationship between subjects is mutually beneficial or mutual symbiosis. Meanwhile, music as objects is a flexible commodity. Therefore, airing music on the radio is in doubt to be categorized as copyright infringement. Keywords: Legal Protection, Music Copyrights, Economic Rights, Moral Rights. PubDate: 2019-11-15 DOI: 10.25041/fiatjustisia.v13no4.1814 Issue No:Vol. 13, No. 4 (2019)
Authors:Kartono Kartono, Aji Mulyana Pages: 321 - 332 Abstract: Sexual crime (rape) is one of the crimes that are very disturbing to the community, and its development is increasingly diverse either in the motives, nature, the form, the intensity and the modus operandi. The concerning situation is that a castration or castration law is expected to encouraging perpetrators of child sexual violence to lose their desire to repeat their crime. This research will explain how the implementation of chemical castration against sexual offenders on children (paedophilia) and how the application of castration penalties after the purpose of Indonesian crimes. The implementation of the imposition of the chemical castration sentence seems to be considered as an answer to the high public demand for severe punishment for the perpetrators. The existing rules of criminal law and child protection have never been implemented optimally. The Act of sexual assault on a child brings harmful impacts against physical and psychology to the victim, which became an obstacle for law enforcement officers to know or detect victims of sexual violence against children. Keywords: Implementation, Crime, Pedophilia, Sex. PubDate: 2019-11-15 Issue No:Vol. 13, No. 4 (2019)
Authors:Nadiah Khaeriah Kadir, Judhariksawan Judhariksawan, Maskun Maskun Pages: 333 - 344 Abstract: The advancement of information technology is changing the pattern of radical group propaganda from conventional methods to the ways they use today, namely using the media and cyberspace, or what is also called as cyber-terrorism. The purpose of this study is to discuss the emergence of the currently experienced cyber-terrorism phenomenon. It is normative research through a literature study method by approaching statutes. The results of this study indicate that cyber-terrorism is a part of cybercrime that is qualified as transnational crime which refers to Article 3 of the United Nations Convention against Transnational Organized Crime. Currently, there are several laws/regulations regarding terrorism at the national, regional and international levels. However, these rules do not specifically regulate new developments in acts of terrorism through cyberspace or what is known as cyber-terrorism. Keywords: Cyberspace, Terrorism, Transnational Crime. PubDate: 2019-11-15 DOI: 10.25041/fiatjustisia.v13no4.1735 Issue No:Vol. 13, No. 4 (2019)
Authors:Rima Vien permata Hartanto, Adi Sulistiyono, Isharyanto Isharyanto Pages: 345 - 360 Abstract: This research explores the issue of the legal entity for fisher-women. Feminists Legal Theory is the main foundation. This theory seeks to criticise and dismantle the law by questioning the existence of laws that bring injustice to women's groups. In the Indonesian context, where the influence of patriarchal ideology and legal positivism theory is still active, the view that the law is believed to be neutral and objective has resulted in many things that discriminate and marginalise women's groups. This research presents the criticism of Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Cultivators for the recognition of the legal entity of fisher-women. This research is theoretical with the type of literature study focusing on ideas using a feminist perspective research approach. The results of the study indicates the that Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers contains many weaknesses. There is a prejudice towards the work of fishers, there is a problem defining fishers because women are excluded from defining fishers, the absence of recognition of fisher-women affects the law and becomes indirect discrimination because of gender blindness and does not take into account in terms of women's experience or interests. Keywords: Feminist Legal Theory, Law Number 7 of 2016 concerning the Protection and Empowerment of Fishermen, Fish Cultivators and Salt Farmers, Fisher Woman Legal entity PubDate: 2019-11-15 DOI: 10.25041/fiatjustisia.v13no4.1737 Issue No:Vol. 13, No. 4 (2019)
Authors:Sarip Sarip, Hanif Nurcholish Adiantika, Abdul Muaz Pages: 361 - 380 Abstract: The study concerning political law of Sidawangi society towards customary right over “Oro-Oro” land is commonly triggered by the presence of the arbitrary village officers. Historically, “Oro-Oro” land is characterised as a communal land, but its management is initiated exclusively through an agreement and doubtful rights. The legal law concerning customary right over “Oro-Oro” land is truly expected by Sidawangi society. The action of arbitrary village officers is deemed to be one of crucial factors to realise their expectation.Furthermore, the rumour of switching “Oro-Oro” land into plantation land by the corporation also toughens the strong desire of Sidawangi society to realize their expectation. The present study aims to investigate the significance of legal law and the warranty of customary rights both in the 1945 Constitution, agrarian law and international conventions. This study is conducted through an interview to Sidawangi society and literature studies regarding customary right over “Oro-Oro” land as expected by Sidawangi society. Customary right over “Oro-Oro” land, initiated by Sidawangi Society in Sumber Sub-District, originally refers to a communal area which has been exclusively possessed. In other words, this type of land is not privately preserved. The people in Sidawangi society are only allowed to maintain and gather the result. The arbitrary of village officers seize trees in “Oro-Oro” land without any kinds of certain customary right. The phenomenon in Lampung has provided insight regarding the conflict occurs when the people expect is not fulfilled. The residents inevitably expect the existence of political law in society towards customary land. The legal protection towards customary right over “Oro-Oro” land is essentially guaranteed by 1945 constitution, Basic Agrarian Law Constitution, and international convention of indigenous community. Keywords: Oro-Oro, Ulayat, Customary, Expectation. PubDate: 2019-11-15 DOI: 10.25041/fiatjustisia.v13no4.1703 Issue No:Vol. 13, No. 4 (2019)
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