Authors:David Hardiago, Syafrinaldi Pages: 01 - 23 Abstract: This study aims to analyze and provide projections in order to answer the problem of self-plagiarism in relation to positive legal regulations in Indonesia which regulate copyright. As a normative legal research, this study uses several approaches including the statute approach, conceptual approach, and comparative approach. The results of the study conclude that the current act of self-plagiarism is completely unknown in positive law regulations in Indonesia, especially in regulations related to copyright. The absence of these regulations has an impact on the absence of sanctions for acts of self-plagiarism, both ethical sanctions and criminal sanctions. While it is known that self-plagiarism has a greater detrimental impact when compared to pragmatic plagiarism and is known in positive laws and regulations with ethical and criminal sanctions that can be applied. Thus, with the empirical reality of self-plagiarism it is projected that the act in question is regulated as a crime in the copyright regulations that will be formed in the future by providing and including criminal threats against acts of self-plagiarism in the form of a total reformulation of the current regulations. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).11689 Issue No:Vol. 6, No. 2 (2023)
Authors:Elviandri Pages: 24 - 40 Abstract: This study aims to analyze law enforcement and supervision of corporate post-mining reclamation obligations as well as to find an effective model of law enforcement and supervision of corporations in post-mining reclamation implementation. The research method used is normative juridical research. The results of the study show that law enforcement for corporations that do not carry out post-mining reclamation starting from Administrative Law, Civil Law and Criminal Law as a form of legal consequences for not carrying out an obligation is a repressive effort on a problem, because sanctions are one of the legal consequences that coercive when an obligation that has been mandated by a regulation is not carried out. In relation to the implementation of post-mining land reclamation activities as part of the process of utilizing natural resources, the sanction that can be applied is the obligation to pay fines to community mining business actors if the post-mining land reclamation activities are not carried out as planned. Giving the obligation to pay fines to these business actors does not eliminate the obligation of smallholder mining businesses and local governments to restore post-mining environmental damage by providing the lack of funds needed by third parties. This aims to provide a deterrent effect to other smallholder mining business actors . Keywords: Reclamation, Monitoring, Environment. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12005 Issue No:Vol. 6, No. 2 (2023)
Authors: Umar Dinata, Aksar, Saut Maruli Tua Manik Pages: 41 - 48 Abstract: Settlement of criminal cases with a restorative approach has begun to be applied in Indonesia, but its implementation is only related to the settlement of juvenile criminal cases. In practice, a restorative justice approach is often applied to pay more attention to the perpetrators of crimes than to the victims of these crimes. Thus the reconstruction of the principles of restorative justice is currently not fully implemented. Investigators pay more attention to the interests of the perpetrator rather than the interests of the victim. Often victims feel dissatisfied or feel compelled to accept the decision. This was done by involving community leaders and traditional leaders, but the implementation still impressed the perpetrators and impressed that in the process the victims were forced to agree to the agreements that were made. The principle of restorative justice is known as a traditional case settlement model. The case settlement model with a restorative justice principle approach which is designed to resolve criminal cases in the context of modern criminal law, should be processed within the criminal justice system. Indonesia, and the Ministry of Law and Human Rights of the Republic of Indonesia have adopted the principle of restorative justice as a way of settling a criminal case so that conceptually it can produce provisions based on restorative justice. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).11865 Issue No:Vol. 6, No. 2 (2023)
Authors:R.Desril Pages: 49 - 54 Abstract: This study aims to analyze Describing the Renewal and Development of Transportation Law in the Disruption Era and Discovering the Concept of Transportation E-Governance in the Disruption Era. This research is based on normative juridical research methods, which include research on positive law inventory, research on legal principles and research on law in concreto. Secondary data in this normative legal research are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are that transportation policies and regulations in the era of disruption require integrated and comprehensive regulations, it is necessary to realize E-governance of transportation law in the era of disruption. The Ministry of Transportation's policy to provide comprehensive transportation can be seen in the 2020-2024 National Transportation Master Plan. However, in the Master Plan there are no policies that lead to E-Governance as a response to the development of transportation in the era of disruption. So to perfect this Policy, Renewal and Development of Transportation Law in the Era of Disruption through E-Governance is needed. This is where the urgency of research with the title Transportation E-Governance: Design of Transportation Law Regulatory Models in the Disruption Era to find the Renewal and Development of Transportation Law in the Disruption Era and Formulate the Concept of Transportation E-Governance. Keywords: E-Governance, Transportation, Model, Regulation, Disruption. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12058 Issue No:Vol. 6, No. 2 (2023)
Authors:Sudiyanto, Eddy Asnawi, Bahrun Azmi Pages: 55 - 60 Abstract: The disciplinary regulations for Polri members are a series of norms to foster, uphold discipline and maintain order in the life of Polri members. It is necessary to instill in every member of the Police the awareness that discipline is honor. Discipline of members of the Police is an honor as a member of the Police that shows credibility and commitment as a member of the Police. While the legal consequences if a police officer who carries out a polygamous marriage without permission is caught either by his wife or another party and reported to his superiors, the police officer will be subject to sanctions in accordance with the rules that apply to each member of the police as outlined in the police code of ethics. The purpose of this study is to analyze the Implementation of the Prohibition of Polygamy for Members of the Indonesian National Police Based on the Regulation of the Chief of Police Number 6 of 2018, and to analyze the Obstacles and Efforts in Implementing the Prohibition of Polygamy f Keywords: Application, Polygamy, Police PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12011 Issue No:Vol. 6, No. 2 (2023)
Authors:Sunariyo, Aullia Vivi Yulianingrum, Bayu Prasetyo Pages: 61 - 71 Abstract: The illegal use of narcotics is a form of criminal behavior that can have a comprehensive and complicated impact on society. In the preamble to letter c of Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics, on the one hand, are drugs or materials that are useful in the field of treatment or health services and scientific development, and on the other hand, can also cause dependence which is very detrimental if misused or used without supervision. Strict and careful. This research includes normative research in law, for normative legal research only recognizes secondary data, including primary, secondary, and tertiary legal materials. Data processing and data analysis depend on the type of data. Research on positive legal inventories, legal principles, clinical legal research, legal systematics, judicial decisions, legal history, and legal comparisons are all included in secondary data. In the Tenggarong District Court Decision Number 390/Pid.Sus/2021/PN. The Public Prosecutor charged the perpetrator, Mattaro bin Juma, with subsidiary charges, where the direct indictment is "Article 114 paragraph (1) jo. Article 132 paragraph (1) of Law Number 35 of 2009. The subsidiary charges are Article 112 paragraph (1) jo. Article 132 paragraph (1) of the Narcotics Law, as well as more subsidiary charges, namely Article 127 paragraph (1)". Keywords: Narcotics, Ratio Decidendi, Sentencing. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12060 Issue No:Vol. 6, No. 2 (2023)
Authors:Muhammad Arif, Ardiansyah, Sudi Fahmi Pages: 72 - 82 Abstract: Trade is the main engine for the development of the national economy. Trading activities increase production, increase exports which increase foreign exchange, create jobs, distribute income, and strengthen the competitiveness of domestic products. The purpose of this study is to analyze how sanctions are applied to importers of non-new goods in Indragiri Hilir district based on Law Number 07 of 2014 concerning trade, and to analyze constraints and efforts in applying sanctions to importers of non-new goods in the district. Indragiri Hilir. The results in this study are imported used clothing is an item that is considered illegal in Indonesia. The meaning here is illegal, namely something that is not in accordance with applicable laws or regulations. What are the obstacles, namely Non-Juridical and Juridical Constraints, in the Non-Juridical constraints "the smuggling of used clothes in Inhil is a very serious problem besides causing losses to state finances it also has an impact on the health of users of used clothes because it is indicated there are several bacteria that can endanger human health. Seeing these problems, of course there are efforts made by local stakeholders, namely from non-juridical efforts of stakeholders to work together synergistically. In juridical constraints, it is found that efforts of stakeholders provide advice and input to legislators so that incidents in the field can be resolved by basic rules that strong. Keywords: Sanctions, Goods Importers, Trade. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12007 Issue No:Vol. 6, No. 2 (2023)
Authors:Rahmatullah Ayu H. Pages: 83 - 93 Abstract: Adab and morals are an outstanding value as the essential characters of “ The Legal Justice” thinking, the moral term is officially used in West terminology while Adab is used in the Islamic world. Both Moral and Adab are used as society’s behavioral guidance besides the norms ( law), from this perspective the term“ civilized legal justice” is known. The different of concepts, principles, and thoughts of legal justice brings out the dilemma of human belief in the essentials of justice itself. Ethics and moral values as the behavioral's benchmark of the norm as the tool of social engineering give the essential ambiguity when it is implemented in different views because justice is inseparable from the norms and moral values. The idea of justice from the west, east, and Islam is a typology of struggle that shows a continuous effort to seek justice. What kind of justice can resolve the dilemmas and ambiguities of the existing essence of justice, or how should justice be able to maintain its concepts and principles in order to realize the happiness of all mankind in the present and future' This study aims to construct a legal justice based on a general concept, namely the thinking of justice from the west, east, and Islam. Where each type of thought has different concepts, characteristics, and essences so it is interesting to study more deeply. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).12059 Issue No:Vol. 6, No. 2 (2023)
Authors:Delfina Gusman Pages: 94 - 102 Abstract: In principle any public information is open and accessible public information by each user , in addition to being excluded is the secret information in accordance with the act , propriety , and the public interest .Public information and the tight nature of being excluded limited. Restriction rights over the information in certain conditions can be justified , because the right to information not included in the right that cannot be reduced in the condition of anything ( non-derogable rights) PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).8892 Issue No:Vol. 6, No. 2 (2023)
Authors:Ria Setyawati, Rayhan Adhi Pradana Pages: 103 - 120 Abstract: Advancement of technology resulted in a digitalized business world. Consequently, businesses start to use technology like algorithms to make business decisions, for example, introducing algorithms to set prices. Such algorithms are known as pricing algorithms. However, when these algorithms are utilized by a dominant firm, it exposes a risk of abuse. There is also a concern relating to available legal recourse by competition authorities in tackling this novel issue. Thus, this research aims to analyse the relationship between algorithmic pricing and abuse of dominant position, as well as providing solutions pertaining to available legal recourse that might be useful for competition authorities in facing this contemporary issue. To this end, this legal research employs statute, conceptual, case, and comparative approaches. Through these methodologies, this research analyses the usage of algorithmic pricing and abuse of dominant position in conformity to Indonesian law; and transforming the available legal recourse to be more accommodative in confronting the use of algorithmic pricing.The use of algorithmic pricing can entail an abuse of dominant position, considering the ability of algorithms to impose trade restrictions, hence excluding potential competitors and preventing consumers from attaining a fair price. Available legal recourse that can be considered by competition authorities are: increasing knowledge on algorithmic pricing, imposing regulations to support transparency and accountability, and using a structural approach. In terms of evidence, authorities should put more weigh on digital evidence, circumstantial evidence, and expert opinions. PubDate: 2023-02-21 DOI: 10.25299/uirlrev.2022.vol6(2).11750 Issue No:Vol. 6, No. 2 (2023)
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