Jurnal Hukum Magnum Opus

Examining the Legality of Adultery Restrictions for Laborers: A Study in Employment Law

M. Lutfi Rizal Farid, Muhammad Khananul Ikhsan, Calvin Anthony Putra — Fri, 31 May 2024 03:31:21 +0000

The research aims to analyze and propose recommendations concerning regulations prohibiting acts of infidelity committed by workers/laborers from the perspective of labor law. Unlike labor laws and regulations, which do not specifically address the prohibition of acts of infidelity, autonomous rules can address such provisions. This study employs a normative legal research methodology, utilizing both statutory and conceptual approaches. Primary and secondary legal materials serve as the basis for analysis. Findings indicate that provisions prohibiting acts of infidelity for workers/laborers can be integrated into autonomous principles without contravening existing laws and regulations. Furthermore, acts of infidelity may also fall under the purview of urgent offenses or criminal acts. The inclusion of such prohibitions in autonomous rules is not indicative of bad faith on the part of employers seeking to expedite termination of employment relations. Rather, it serves as a preventive measure against violations of laws, regulations, and ethical standards by workers/laborers. Regarding dispute resolution, termination of employment cannot be immediate in cases related to allegations of infidelity. Instead, due process must be followed to ascertain the veracity of such accusations and determine the culpability of the worker/laborer involved.

Security Guarantee Midwife in Conflict Areas

Ika Nanda Rochma Putri, Wiwik Afifah — Fri, 31 May 2024 08:28:14 +0000

The background of this research is that health services are a state obligation as mandated by the Constitution of the Republic of Indonesia of 1945. These services must be distributed evenly across all regions of Indonesia, not just focused on the island of Java. Indonesia includes 3T areas (Disadvantaged, Frontier, Outermost) which face numerous issues, one of which is social conflict. These areas are particularly prone to social conflict, which can hinder the delivery of health services provided by the state. As part of the health service assistance, the state deploys health workers according to the Ministry of Health's Nusantara Sehat program, including midwives. In some 3T areas, social conflict poses threats to midwives, sometimes resulting in their injury or death. Therefore, ensuring the safety of midwives is crucial for improving health services throughout Indonesia and protecting the rights of midwives working in these regions. This research aims to explore, understand, and explain the security guarantees for midwives in 3T areas experiencing social conflict. The research employs a normative juridical method with a statutory and conceptual approach. The findings indicate that current laws and regulations do not clearly define the security guarantees that midwives should receive when working in conflict zones.

Legal Ramifications of Employing AI-Generated Logos as Brand Identities: A Juridical Examination

Muh Ersandi Rizki Pratama, Sandy Erdi Bimantara, Giovanni Samantha — Sun, 02 Jun 2024 05:13:03 +0000

The utilization of Artificial Intelligence (AI) technology is experiencing rapid expansion in contemporary times. Within the domain of trademark law, a logo serves as a visual identity utilized to distinguish a product or service from its competitors. The utilization of a logo as a brand identity is afforded specific legal protections pursuant to Indonesian Law No. 20/2016 concerning Trademarks. A pivotal consideration pertains to discerning the rightful owner of the rights to the logo created by AI. Is it the proprietor of the AI software employed in crafting the logo, or is it the proprietor of the company or individual who commissioned the logo? The method employed in this research is a normative juridical approach, which scrutinizes the application of legal principles or norms. The approaches employed in this research encompass conceptual and statutory analyses. The objective of this research pertains to understanding the Legal Implications of Utilizing Artificial Intelligence-Generated Logos as Brand Identities, and serving as a reference material for subsequent legal inquiries, particularly those related to the advancement of artificial intelligence. The majority of regulations concerning copyright and ownership of artistic works still hinge upon Copyright Law No. 28/2014. Despite its enactment, the Copyright Law remains bereft of provisions safeguarding works generated by Artificial Intelligence. In the realm of AI or artificial intelligence, there are instances where AI applications inadvertently generate trademark logos bearing visual resemblance to other trademark logos. Such resemblances have the potential to bewilder consumers and undermine the authenticity of a brand.

Legal Certainty of Non-Prime Offender Provisions in Justice Collaborator Criteria

Messy Rivelya Hape, Renaldi Markus Larumpa — Tue, 04 Jun 2024 02:06:50 +0000

The judge's determination that the defendant was not the main perpetrator in the verdict of premeditated murder case number 798/Pid.B/2022/Pn.Jkt.Sel, involves the role of a justice collaborator, which requires the perpetrator to not be the main offender. Normatively, the absence of a clear definition leads to legal uncertainty. Therefore, establishing the criteria for not being the main perpetrator can be achieved through theoretical interpretation of the participation offenses related to Defendant Eliezer. Analysis of existing types of participation offenses indicates that those involved in the act (medeplegen) are not considered the main perpetrators, whereas individuals who encourage, instigate, and intend for the action to occur are deemed the main perpetrators. Consequently, based on his role, position, and authority in committing the crime, Defendant Eliezer is categorized as not the main perpetrator. The criteria for this determination focus on the individual with the greatest role and responsibility. The purpose of this research is to explore the legal certainty surrounding the determination of the main perpetrator as a criterion for becoming a justice collaborator, which lacks normative clarification. This research employs a normative juridical method with a conceptual approach, along with legislative and case study analysis. The findings indicate that the legal certainty in determining the non-main perpetrator, as a criterion for a collaborating witness in revealing premeditated murder cases involving Defendant Eliezer, lacks dogmatic legal certainty. The Criminal Code does not explicitly define the classification of non-main perpetrators within the doctrine of participation, but Articles 55-56 of the Criminal Code address the punishment for individuals involved in crimes committed collectively.

Analysis of Decentralization in the Central Government's Acquisition of Provincial Road Management

Filicia Vinidya Mitaya — Mon, 10 Jun 2024 02:01:35 +0000

Infrastructure is a crucial aspect necessary for a state to perform its various functions. One type of infrastructure that plays a vital role in ensuring the smooth mobility of the general public is roads. Unfortunately, in Indonesia, the quality of road networks cannot be described as ideal. The substandard condition of these roads has drawn public concern, particularly following a social media post by a resident of Lampung Province criticizing the quality of roads there. In response to this public attention, the Central Government decided to assume the duties, authority, and responsibility for repairing 15 (fifteen) roads in Lampung Province. This decision has sparked new concerns among the public regarding the centralization of duties, authority, and responsibilities, which could undermine the spirit of decentralization. Based on the findings presented in this article, it can be asserted that the central government's assumption of the duties, authority, and responsibilities of local governments does not violate prevailing laws and regulations and is in accordance with them. Nevertheless, the phenomenon of the central government taking over these responsibilities warrants attention. This case highlights that the Lampung Provincial Government is not entirely capable of managing the tasks mandated by the Central Government. Therefore, from the findings of this case, it is evident that there is still a significant need for the maturation of Regional Governments in fulfilling the duties, authority, and responsibilities entrusted to them.

Legal Implications for PPAT Employees Serving as Instrumental Witnesses in Title Transfer Agreements

Rizki Amanda, Tjempaka Tjempaka — Tue, 11 Jun 2024 12:30:37 +0000

Employees or instrumental witnesses of PPAT play a crucial role, particularly in service provision. Not only can Land Deed Officials be defendants, but employees or instrumental witnesses may also become defendants if there is a tort claim due to slow services causing harm to their clients. The presence of instrumental witnesses is vital as it can help maintain the safety of the PPAT's position in the event of contested deeds. The purpose of this study is to determine the legal consequences for PPAT employees who act as instrumental witnesses in title transfer agreements. This research employs a normative juridical method with a statutory approach and a conceptual approach. The findings of this study indicate that if an issue arises after the service is provided by the Land Deed Official to the client and involves employees or instrumental witnesses, the Land Deed Official must ensure the safety of their employees. PPAT employees who act as witnesses in title transfer agreements bear significant legal responsibilities, particularly if they are involved in unlawful acts. They may face legal liability under Article 1365 of the Indonesian Civil Code, which states that any unlawful act causing damage to another obliges the person who committed the act to compensate for the damage.

Enhancing Legal Safeguards for Human Trafficking Victims in Indonesia

Pika Sari, Totok Yanuarto, Sapti Prihatmini, Arif Amirullah, Fanny Tanuwijaya — Tue, 25 Jun 2024 02:38:18 +0000

Human trafficking constitutes one of the most egregious forms of human rights violations, characterized by extensive criminal networks operating at both individual and group levels. This phenomenon is not new, and certain countries, including Indonesia, report high incidences of human trafficking-related crimes. The purpose of this research is to provide an evaluation and understanding of the legal protections available to victims of human trafficking in Indonesia. This study is classified as normative legal research, involving an examination of theories, concepts, legal principles, and relevant statutory provisions pertaining to the topic. Despite significant efforts by the Indonesian government to combat human trafficking, minimum standards for eradication have not been fully met. While there have been notable advancements compared to previous periods, especially in response to the challenges posed by the COVID-19 pandemic, substantial deficiencies remain. Indonesia's upgrade to Tier 2 reflects progress in the investigation, prosecution, and adjudication of human trafficking offenses, including cases of forced labor in palm oil plantations and cyber fraud operations abroad. Additionally, there have been efforts to enhance compensation for victims of human trafficking.

Civil Liability of Airport Managers for Consumer Losses from The Perspective of The Compilation of Sharia Economic Law

Zivana Tiara Amanda Rangkuti, Mhd. Yadi Harahap — Sun, 28 Jul 2024 03:20:13 +0000

Consumers often require effective and convenient air transportation to carry out their daily activities, both for work and personal purposes. Air transportation offers a fast and efficient solution to reach their destination. This research aims to evaluate the consequences of the negligence of Kualanamu Airport officers and managers and to examine how their responsibilities towards consumers based on the perspective of the Compilation of Sharia Economic Law. The method used is normative juridical legal research, which refers to international law and relevant legislation, and uses the Statute Approach (reviewing all regulations relevant to the legal issues discussed) and Conceptual Approach (based on views and doctrines developed in legal science). The results show that many airport facilities have not met functional standards, which causes negligence of officers to still threaten the safety and comfort of consumers. This negligence includes the operationalization of facilities that are not fit for use. In the context of KHES, responsibility includes providing compensation in accordance with the principles of Islamic law governing loss and compensation. Compensation or 'dhaman' aims to overcome the losses suffered by the injured party, both material and immaterial. This is regulated in Book II of the Compilation of Sharia Economic Law article 20 paragraph 37, which states that 'ta'widh' or compensation is reimbursement for real losses paid by the party who committed an unlawful act.

The Impact of Greenwashing Advertising on Consumer Behavior

Patricia Citra Dewi, Dwi Desi Yayi Tarina — Sun, 28 Jul 2024 03:37:22 +0000

The economic motive of businesses in manipulating environmental aspects in increasing sales turnover so that consumers feel harmed by the advertising information. Greenwashing has significant negative impacts, both for consumers and companies that are truly committed to sustainability. For consumers, greenwashing can lead to misinformation and inappropriate purchasing decisions. Consumers who feel deceived by false environmental claims may experience disillusionment and lose trust in environmental claims as a whole. This can also be detrimental to companies that truly strive to carry out sustainable business practices, as it is difficult to differentiate themselves from companies that only pretend to care about the environment. This study aims to analyze theimpact of advertising greenwashing on consumer behavior. Methode in this research used yuridis normative with conceptual approach and legislation approach related to consumer protection and mediaenvironmentally friendly campaigns on goods and/or services. The results of this study indicate that rregulations related to consumer protection have not specifically regulated the concept of greenwashing, but have regulated the rights and obligations of business actors related to the act of greenwashing which mis leads to consumer decision making. Acts of greenwashing committed by business actors have violated consumer rights relating to correct and clear information and not misleading about the condition of goods and/or services traded. Business actors must be responsible in terms of withdrawing these advertisements and/or must be prepared to take responsibility for the resulting impact on consumers and/or the environment.

Legal Study on The Criminal Offense of Tax Invoice Forgery That Has Received Tax Amnesty

Rischad Widianto Siregar, Niru Anita Sinaga, Selamat Lumban Gaol — Wed, 07 Aug 2024 03:12:31 +0000

This study aims to determine how the legal consequences of criminal acts of falsification of tax invoices that have received tax amnesty. Criminal acts in the field of taxation are violations of the rules of the tax law that cause state financial losses and people who commit criminal acts can be prosecuted criminally. /Falsification of tax invoices is a concern of legal problems among the community that has the potential to harm state revenue. Many people falsify tax invoices but do not understand the impact on the state. By falsifying tax invoices, the taxpayer will reduce their tax payable. This research uses normative legal research methods with a statutory approach, conceptual approach, secondary data type. As a result of this study, researchers found a form of criminal liability for the criminal act of falsifying tax invoices that have obtained tax amnesty in criminal law in Indonesia, in the form of excuse (schulduitsluitingsgrond-faits d'exuce) as a reason for criminal elimination (strafuitsluitingsgronden), so that the perpetrator should be stopped from investigating at the investigation level or if it has entered the trial stage, the Panel of Judges should issue a verdict of release from all legal charges for the actions committed by the defendant (ontslag van recht vervolging), even though the Criminal Act of Falsification of Tax Invoice is proven or the unlawful nature is not lost, but the defendant cannot be held criminally responsible, because there are reasons that excuse according to the law.

Land Rights and Their Environmental Implications for Indigenous Communities in Nusantara Capital City

Cut Zulfahnur Syafitri, Kurdi Kurdi, Budiman Rusli, Azhari Azhari — Sun, 11 Aug 2024 05:17:32 +0000

Article 16A of the IKN Law addresses the extension of land rights periods for business entities. Given the existence of many unrecognized customary law communities in East Kalimantan Province, it is crucial to assess the impact of such extensions on these communities within the IKN (Capital City of Nusantara). This study aims to examine the implications of granting land rights under Law No. 21 of 2023 concerning IKN on the living environment of indigenous peoples in the region. The research employs a normative juridical approach, utilizing both statutory and conceptual frameworks. The findings reveal that Article 16A of the IKN Law, along with its implementing regulations concerning the extension of land rights for business entities, has the potential to adversely affect indigenous communities by exacerbating environmental issues. Specifically, the prolonged extension of land rights diminishes state control over land, accelerates deforestation to the detriment of indigenous communities who rely on forests, increases the risk of water scarcity, and potentially triggers agrarian conflicts and disputes. The study recommends aligning the land rights duration in the IKN Law with that of the Basic Agrarian Law, expediting the local government’s data collection on indigenous communities, involving these communities in decision-making processes, and advocating for the legalization of the Indigenous Peoples Bill.