Reformulation of Supervision of The Constitutional Court in Carrying Out Its Functions as Judicial Power

In this research, two issues will be discussed. First, the institutional position of the Constitutional Court and the Supreme Court, which are both regulated in the 1945 Constitution. Second, is it conceptually justified for the Constitutional Court to refuse external supervision like the Supreme Court. This research uses doctrinal normative legal research in collaboration with reform-oriented research methods. The results obtained in this research are as follows. First, the Constitutional Court and the Supreme Court institutionally have the same level; both have the same judicial authority to uphold law and justice. The Constitutional Court and the Supreme Court have the same basis for constitutionality, which is regulated in Article 24, paragraph (1) and paragraph (2) of the 1945 Constitution. The difference between the Constitutional Court and the Supreme Court lies in the scope of their powers. Second, the 1945 Constitution does not regulate the supervision of the Constitutional Court. However, the Constitutional Court and the Supreme Court are both regulated in the 1945 Constitution and have the same orientation, that is, to law and justice enforcement, so conceptually, there is no reason for the Constitutional Court to refuse external supervision like the Supreme Court

The State's Efforts to Realize Boum Publicum Through Preventing the Occurrence of Corruption Crimes

Recently, corruption in Indonesia has been rampant. Corruption announcements are often found in every media (television, news, or social media). One of the cases that attracted enough attention from the public is the corruption against COVID-19 social aid committed by The Minister Of Social Department, Juliari Batubara, for Rp 32.4 billion. In conclusion, corruption is spreading to most of the country and involving more actors, which describes the irony of decentralization and democracy. Therefore, most of the corruption in countries was done by placemen who citizens elected. This irony should be able to open Indonesian eyes to the deterioration of human resources. As a citizen and future generation who were desperately hoping for the progress of our beloved country, then we did a case study related to the corruption against COVID-19 social aid that was committed by The Minister of Social Department, which later we arranged in a simple journal, in the hope this journal able to provide readers’ understanding that corruption can conduce not only state detriment but also a deterioration of human resources. This research is a juridical research. The problem approach uses a statutory approach and a conceptual approach. The technique of collecting legal materials uses library research

Ineffectiveness of The Legislative Function By The Regional Representative Council (Case Study Of Kebumen Regency)

Regional Regulations are an instrument for administering regional government formed by the Regional Legislative Institutions and the Regional Government. Regional Legislative Institutions has the right to submit the Initiative Regional Regulation Draft to the head of Regional Legislative Institutions consists of explanation and Principal Number. The Draft was given Bapemperda to review. The results are reported to the head of Regional Legislative Institutions to be presented at the Plenary Meeting. The Regent and Regional Legislative Institutions discussing Regional Regulations. The formation of legal products is mandate of Act Numb. 12 of 2011 jo. 13 of 2022 about the Legislation Development and Numb. 80 of 2015 jo. Numb. 120 of 2018 about the Regional Legislation. The issues that will be discussed are the process of submitting Initiative Regional Regulation Draft and the problem. The research method is qualitative using a normative juridical and empirical juridical approach. The research location was carried out within the Kebumen Regional Legislative Institutions and Kebumen Regency Legal Section. The results of the research show that there is a need for Regulation that specifically about Initiative Regional Regulation Draft

Ideal Model of Marital Dispute Mediation in Order to Minimize Divorce Rates

The purpose of marriage is to create an eternal and happy family based on Belief in the One and Only God, as stipulated in Article 1 of Law no. 1 of 1974 concerning Marriage. As a legal relationship, marriage creates legal consequences for the parties, where sometimes the rights and obligations are not carried out by one of the parties. This triggers conflicts that lead to divorce. Indonesian marriage law adheres to the principle of complicating divorce which requires the parties to mediate in resolving divorce disputes. The purpose of this research is to find the ideal model of mediating divorce disputes before being registered with the court as a solution to reduce divorce rates. Normative research methods with library materials as the main legal material. analyzed by descriptive qualitative. The results of this research are divorce mediation which is regulated in Perma No. 1 of 2016 as part of the proceedings in court has not shown significant results. Even though mediation is mandatory, almost in the jurisdiction of the mediation court many failures result in husband and wife ending in divorce. Mediation is based on the meaning of marriage as miitsaqan ghalizhan as the basis for the need for renewal of marriage law in the field of divorce. This mediation model before the dispute is registered with the court on the principle of deliberation to reach a consensus with the aim of maintaining the household. If this ideal mediation fails, then it is registered in court and continued in court

Law Enforcement Against Parents Perpetrating Physical Violence Against Children Which Causes Death

This research aims to determine the factors that cause physical violence by parents against children, which causes death, and how law enforcement applies to parents as perpetrators of physical violence against children, which causes death. This research is based on the phenomenon of vulnerability and the increasing cases of physical violence by parents against children, which causes death. Based on Data received throughout 2023 shows 985 instances of physical violence, with 35% of them occurring in the family environment. This research is a normative juridical method with a statutory approach. The results of the study show that the factors causing physical violence against children by parents, which causes death, are children as targets of domestic violence, economic factors, parental personality factors or stress, experiences of violence, and culture in society. The implementation of the Child Protection Law No. 35 of 2014 and the Law on the Elimination of Domestic Violence No. 23 of 2004  is used as a law enforcement effort to prevent criminal acts of physical violence against children which causes death

Judge's Consideration of the Surakarta District Court's Divorce Verstek Decision Number 67/Pdt.G/2023/PN Skt

Marriage is a physical and spiritual bond between prospective male and female partners so that they can live together according to God's will. However, in reality, many couples cannot maintain a domestic relationship due to several reasons that make them divorce using legal channels. This research aims to analyze the judge's decision in determining the verstek decision in a divorce case in the decision case study: Surakarta District Court Number 67/Pdt.G/2023/PN Skt. The research method used uses a normative juridical method, carried out indirectly based on legal materials and several references related to this research. This research uses a library research method by searching for data through books, journal articles, scientific works and websites. The results of this study indicate that The marriage between the plaintiff and the defendant is declared dissolved in accordance with Article 35 of the Marriage Law, and a default judgment in divorce cases can affect various aspects, including marital status, alimony obligations, and the burden of proof in the case. The judge's decision reflects attention to the principles of justice and applicable legal norms

Comparison of Laws Related to the Copyright of Visual Artworks Based on Generative AI (Artificial Intelligence) Reviewed from Indonesian and UK Laws

AI has demonstrated its limitless potential in bringing innovation and increasing efficiency. However, this raises new problems regarding the status of Generative AI-based works of art, where the work is the result of data processing from AI technology. The way AI works, which uses creations as input data to produce music, articles and paintings, can open up the potential for rights violations. copyright because its exclusive use is protected from being duplicated or used for profit (commercial) and raises a question regarding the ownership status of Generative AI-based painting works of art. Another consideration in providing ownership status protection for Generative AI-based works of art is the possibility of copyright infringement. The method used in compiling this research is research with a normative juridical method approach. The approaches used are the conceptual approach, comparative approach and statutory approach. Authenticity is very important in copyright protection. In Indonesia, copyright protection is regulated in Law Number 28 of 2014 concerning Copyright, article 1 numbers 1 and 2 do not clearly explain the authenticity of a work, from the definition of the creator and creation, there are elements that become limitations or benchmarks, namely elements independent creation (independent creation). CDPA 1988, or the Copyright, Designs and Patents Act 1988, is the copyright law applicable in the United Kingdom. This law is an important legal framework for copyright protection in the country. The 1988 CDPA provides copyright protection for created works, this Act further defines computer-generated works

Prevention of The Crime Of Trafficking in Persons (TPPO) in Cases Of Illegal Sending Indonesian Migrant Workers (PPMI) Overseas as Foreign Ship Crew

Human trafficking is a transnational crime in the form of human smuggling and is the third largest transnational crime in the world after drugs and weapons. Some of the contributing factors are cheap labor, low risk, high reward, and sexual demands. From 2017 World Bank data, there are 9 million Indonesians working abroad and only 4.7 million are recorded in SISKOP2MI (Indonesian Migrant Worker Protection Computer System), the remaining 4.3 million people are illegal. This is the background to which this research was conducted. It is not easy to prevent and eradicate criminal acts of trafficking in persons (TPPO) because it requires the seriousness of many parties, from the police, courts, public prosecutors to the Ministry. Human trafficking has various modes, apart from the perpetrators and victims, it must always be understood in terms of legal definitions. Without theoretical guidelines and legal norms, it would be dangerous because it could lead to wrong shots, for example in determining a suspect. This research uses secondary legal materials, a case approach and uses prescriptive analysis. It is hoped that the results of this analysis can provide input for efforts to prevent and eradicate TIP in the jurisdiction of each Regional Police/Polres

The Principle of Moderatism in The Formation of Fatwa of The Indonesian Ulema Council Number 83 of 2023

This study analyses the principle of moderatism (wasathiyyah) in the formation of fatwas of the Indonesian Ulema Council (MUI), particularly Fatwa No. 83 of 2023 on the Law of Supporting the Palestinian Struggle. The principle of wasathiyyah, which is at the core of Islamic jurisprudence, encourages a balanced and moderate approach in legal and ethical matters. This research uses a qualitative method, with data collected through document analysis of fatwa texts, related scholarly works, and other relevant literature. The analysis aims to reveal how the wasathiyyah principle is reflected in the formation of the fatwa and its implications for Indonesian Muslim society. The results show that MUI Fatwa No. 83 of 2023 integrates the principle of moderatism in several key aspects. Firstly, it emphasises the importance of supporting the Palestinian cause as a humanitarian and ethical obligation, in accordance with the principles of justice and solidarity in Islam. Secondly, it balances such support with an invitation to use peaceful and legitimate means, rejecting extremism and violence. This reflects a deep understanding of wasathiyyah, which encourages proactive yet peaceful engagement in international solidarity. In addition, the fatwa highlights the role of Indonesian Muslims in fighting for Palestinian rights through diplomatic, economic, and educational efforts. This broadens the scope of support beyond mere political activism, encouraging a multifaceted approach that integrates ethical, legal and humanitarian dimensions

LEGAL PROTECTION OF NIKE TRADEMARK HOLDERS (STUDY IN KLITHIKAN MARKET OF YOGYAKARTA)

Legal protection for Nike trademark holders in the Klithikan Pakuncen market in Yogyakarta is still not effective because there is no special regulation to protect Nike trademark holders. Law Number 20 of 2016 concerning Marks and Geographical Indications only concerns the protection of counterfeit goods. This research aims to determine the legal protection for the holder of the Nike trademark on counterfeit shoes in the Klithikan Pakuncen market in Yogyakarta. This study uses a type of combined legal research (normative-empirical) with a legal approach to examine the laws and regulations governing the legal protection of Nike trademark holders on counterfeit shoes circulating in the Klithikan Pakuncen Market, Yogyakarta. The study results concluded that legal protection for holders of counterfeit shoes at the Klithikan Pakuncen Market in Yogyakarta was not effective because the Ministry of Law and Human Rights and the Department of Industry and Commerce had not fully supervised, fostered, nor taken action. Brand infringement which is a complaint offense means that there is not yet complete extra supervision from brand owners to file complaints to parties such as the Ministry of Law and Human Rights and the Department of Industry and Commerce, which should enforce the law instead of doing it passively