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M. Yasir Said
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INDONESIA
International Journal of Law, Environment, and Natural Resources
Published by Scholar Center
ISSN : 28289137     EISSN : 27764974     DOI : https://doi.org/10.51749
Core Subject : Economy, Science, Social,
Economics, Econometrics & Finance Energy Environmental Science Law, Crime, Criminology & Criminal Justice Social Sciences
International Journal of Law, Environment and Natural Resources (INJURLENS) ISSN 2828-9137 (Print) 2776-4974 (Online) is an international, scholarly open access journal on the topic of law, environment, and natural resources. It publishes reviews and regular research papers and there is no restriction on the length of the papers. Our aim is to encourage scientists to publish their research in as much detail as possible, whether theoretical, empirical, or experimental. INJURLENS follows the Committee on Publication Ethics (COPE). Scholar Center takes the responsibility to enforce a rigorous peer-review together with strict ethical policies and standards to ensure adding high-quality scientific works to the field of scholarly publication. Unfortunately, cases of plagiarism, data falsification, inappropriate authorship credit, and the like, do arise. We take such publishing ethics issues very seriously and our editors are trained to proceed in such cases with a zero-tolerance policy. To verify the originality of content submitted to our journals, we use Turnitin and iThenticate to check submissions against previous publications. Subject Areas Jurisprudence, Legal Theory, Philosophy of Law Criminal Law and Criminal Justice System Economic and Business Law Constitutional and Administrative Law Comparative Legal System Alternative Dispute Resolution Environmental Policy and Management Natural Resources Mineral And Geo-Resources Land And Ecological Resources Plant And Animal Resources Water Resources Energy Resources Food And Bio-Resources Resource Conservation, Reuse, And Recycling Sustainable Resource Management Resource Governance And Policy Circular Economy
Arjuna Subject : Ilmu Sosial - Hukum
Articles 46 Documents
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JURIDICAL REVIEW OF COMMERCIAL USE OF SONG CREATIONS IN RESTAURANTS/CAFES IN THE GOVERNMENT REGULATION NO. 56 OF 2021 ON SONG COPYRIGHT ROYALTIES AND/OR MUSIC Yati Nurhayati; Christine Vina Siangli Putri; Muhammad Aini
International Journal of Law, Environment, and Natural Resources Vol. 1 No. 2 (2021): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (250.284 KB) | DOI: 10.51749/injurlens.v1i2.19

Abstract

Copyright is a part of intellectual property rights as a result of one's thoughts. Songs are a part of a copyright’s type that has received legal protection from acts harming the songwriter as stipulated in Law No. 28 of 2014 concerning Copyright. Everyone or a business activity such as a restaurant/café is allowed to use a song from a songwriter commercially in public service provided that it meets the specified requirements and mechanisms and the royalties are paid. However, based on the juridical-normative review, both Law No. 28 of 2014 and Government Regulation No. 56 of 2021 do not explain the understanding of commercial use of songs and regarding royalty payment procedures, this issue certainly requires legal certainty. The results showed that First, Government Regulation No. 56 of 2021 has determined the commercial use of songs in public services. But it does not specify and explain the purpose of commercial use of songs in public service, it needs to be clearly regulated for legal certainty. Second, Government Regulation No. 56 of 2021 has determined that everyone, singing songs commercially in public service, must pay royalties. But it is not specified about royalty payment procedures, this needs to be clearly regulated for legal certainty. This research aims to find out how to use songs commercially in Government Regulation No. 56 of 2021 regarding Song copyright royalties and/or music, how to pay royalties based on procedures for the commercial use of songwriting in Government Regulation No. 56 of 2021 concerning Song and/or Music Copyright Royalties. This research used normative legal research – research on secondary data comprising primary, secondary and tertiary legal materials collected through literature review.
Comparative Study Application Of Extraterritorial Jurisdiction In Competition Law Between Indonesia And Us Antitrust Law: Case Study: Temasek Holdings and VLCC Syarah Meiriska Dewi; Siti Anisah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.11

Abstract

The USA as a pioneer has published Antitrust Law since the XIX century. Indonesia also has business competition laws which are regulated in Law No. 5 of 1999. However, the scope of the definition of business actors in Indonesia is still very narrow. It does not strictly regulate the extraterritorial principle in Article 1 paragraph 5 so that there are legal loopholes for business actors who are outside the jurisdiction. However, KPPU has already made decisions on business actors domiciled abroad from the case Temasek Holdings, Ltd. (No. 07/KPPU-L/2007) and VLCC (No. 07/KPPU-L/2004). Problem formulation of this research is: how is the definition of a business actor based on Indonesian law and USA law; and how is the application of Extraterritorial Jurisdiction in Indonesia law and USA law? The methodology of this research is normative legal research with library research method by tracing secondary data in the form of primary legal materials, secondary legal materials, and tertiary legal materials. Data were analyzed using qualitative analysis. The results of this study, there are differences in the understanding of business actors in Law No.5 of 1999 and Antitrust Law. Uncertainty regarding foreign elements in Law No.5 of 1999 makes judges use "Effect Doctrine" and "Single Economy Entity" in categorizing business actors who are outside the jurisdiction of Indonesia. From the existing problems, the Indonesian government should amend the definition of business actors in Law No. 5 of 1999 and provide the principle of extraterritoriality in the duties and powers of the KPPU.
Criminal Act Of Travel Document Fraud Reviewed Based On Law Number 6 Year 2011 On Immigration Teuku Putra Azis; Muhammad Hatta; Jumadiah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The crime of document fraud committed by Malaysian foreign nationals is charged with Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration. The form of immigration crime committed was passport forgery so that the perpetrator was sentenced to 1 year in prison and a fine of IDR 1.000.000. However, the sentence is considered too low so that it does not provide a deterrent effect to the perpetrators of immigration crimes. Supposedly, the judge can decide on a heavier sentence based on the provisions in Article 126 letter c and Article 127 of Law Number 6 of 2011 concerning Immigration.
Breach of Contract: A Comparison Between Indonesian and Malaysian Contract Law Yati Nurhayati; Mohd Zamre Mohd Zahir; Muhammad Hatta; Muhammad Hendri Yanova; Parman Komarudin
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.21

Abstract

The purpose of this research study aims to dissect the concept of Breach of contract in the civil law of two countries between Indonesia and Malaysia. As a country that has a different legal system but also recognizes Breach of contract or breaking promises in civil relations. In this research method, the type of research that the author uses is normative research. The nature of the research in this paper is the nature of comparative descriptive research. The approach used in this legal research is the statute approach, and the conceptual approach. The results of the study found that the Breach of contract in Indonesian civil law. This is a deviant act committed by one of the parties to the agreement from what was previously agreed without coercion which can result in losses for the opposing party and default in civil law in Malaysia as regulated in the 1950 Contract Law which is called Contract impossibility, a contract may be terminated. If the contracting parties fail to carry out the responsibilities contained in the contract.
Juridical Study of Corruption Crime in Indonesia: A Comparative Study Abdullah Abdullah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.22

Abstract

Corruption is an act of deviation that is against the law and the principle of justice (al-`adalah). Corruption with all its negative impacts produces various distortions in the life of the nation and state. In Islamic law, Corruption (jarimah) Crime is prohibited in the Qur'an and al-hadith. Fingers of corruption fall into the category of ta'zir punishment where the type of punishment is determined by the government (ulil amri) through a court decision so that perpetrators of corruption can be sentenced to imprisonment, fines, cut-offs hands (had), or even death if the government so wishes. In the aspect of Indonesian criminal law, the eradication of corruption is regulated in Law No. 31 of 1999 jo. Law No. 20 of 2001. This provision can ensnare perpetrators of corruption in both the private and public sectors. To increase the effectiveness of law enforcement against corruption, the government established the institution of the Corruption Eradication Commission (KPK) and the Court of Corruption. In addition, to facilitate the process of proving corruption offenses, this provision applies a reverse burden of proof.
Juridical Analysis Of The Legal Standing Of Sharia Financial Institutions – Cash Waqf Recipients Of Sharia Banks Post-Establishment Of Indonesian Sharia Bank Hidayatullah Hidayatullah; Muhammad Aini; Nasrullah Nasrullah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.23

Abstract

The selection of Sharia banks in accepting cash waqf is because in general Sharia banking has several advantages being expected for optimizing the operations of the cash waqf. However, since the election of Sharia banks in accepting cash waqf, in general, Sharia banking has several advantages which expected for optimizing the operations of the cash waqf. On the one hand, the merger raises questions regarding the legal standing and system of cash waqf Recipient by the Sharia banks themselves as Sharia Financial Institutions-Cash Waqf Recipient (SFI-CWR), which used to stand separately and are now incorporated in one management. This study aims to provide an overview of the legal standing and management system of the SFI-CWR of the Sharia banks post-establishment of Indonesian Sharia Bank which is a combination of the SFI-CWR of sharia banks. This research is a normative legal research, in which the data are secondary data sourced from laws and regulations, books and other references. Analysis method of the data used is content analysis, which analysing the content of the subject matter studied. From this research activity, it will be found how the status, legal standing and management system of SFI-CWR of Sharia Banks after the establishment of ISB.
The Policy Of Preventing And Handling Of Sexual Violence In Universities In Kalimantan Erlina Erlina; Tiya Erniyati; Deva Fadhil Athaya; Ulfa Khairiani; Ristia Al Fisah Jannah
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.24

Abstract

This research is a study in the field of Social Humanities and Gender Studies related to the Regulation of the Minister of Education, Culture, Research, and Technology Number 31 of 2021 concerning Prevention and Handling of Sexual Violence in Higher Education, to see how it is implemented at State Universities in Kalimantan. The purpose of this study is to identify and describe the perceptions of leaders of state universities in Kalimantan on the meaning of the Ministerial Regulation on the Prevention and Handling of Sexual Violence in Higher Education and the patterns used in its implementation; besides that, it is also to analyze the achievements and obstacles in the implementation of prevention and handling of sexual violence in universities in Kalimantan. This study uses a socio-legal research method with an interdisciplinary approach between normative research aspects through the study of legislation related to the theme of the study and a sociological approach to explore problems, perceptions and follow-up actions taken by the leadership of the leading State Universities in Kalimantan, such as Lambung Mangkurat University, Tanjung Pura University, Mulawarman University, Palangkaraya University and Borneo Tarakan University after the issuance of the Ministerial Regulation related to the prevention and handling of Sexual Violence in Higher Education.
Consumer Financing Dispute Settlement Patterns During the Covid-19 Pandemic in Wetland Environments Zakiyah Zakiyah; Diana Rahmawati; Nur Mohammad Kasim; Muhammad Aulia Rahmady; Muhammad Azhari Rahman
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.27

Abstract

The pandemic Covid it had an impact on all economic sectors which had an impact on the smooth running of consumers in paying consumer financing installments, which led to consumer financing disputes. The people of South Kalimantan who live in a wetland environment have local wisdom in resolving disputes with Adat Badamai tradition. This study aims to find patterns of dispute resolution between consumers and finance companies during the covid 19 pandemic and to analyze whether local wisdom in the wetland environment, namely the Bahamian custom is reflected in the settlement of consumer financing disputes. The research method used is empirical legal research supported by library research. (library research), is prescriptive analytics, it is hoped that a comprehensive, in-depth and systematic picture will be obtained. This research was conducted in South Kalimantan Province. The results showed (1). consumer financing dispute settlement patterns prioritize settlements outside the court (non-litigation), namely by internal company settlements; use third party services; through the Consumer Dispute Resolution Body, if an amicable agreement is not reached, as a last resort, a court settlement (litigation) is taken. (2). Dispute Resolution Financing companies in South Kalimantan have implemented the customary value of Adat Badamai in the settlement of consumer financing disputes. In the Banjar community, if there is a dispute, they tend to choose to settle it peacefully, meaning that there is no need for the settlement to go to court. Adat Badamai tradition is quite effective and plays a role in creating security and peace among the disputing community members.
The Practice of Political Dynasty and Kinship in Local Government of Hulu Sungai Utara District Malta Ra Anisa Agustin; Lia Handayani; Novia Ulfah Haika; Julia Putri Herdati; Muzahid Akbar Hayat
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 2 (2022): October Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i2.29

Abstract

The practice of political dynasty has been detected in many local elections in Indonesia. This political condition may have a connection with the failure of democratization implemented in Indonesia during the Reformation era. To delve into this issue, the researchers conducted descriptive qualitative research regarding political dynasty and kinship in one of the districts in Indonesia, Hulu Sungai Utara. The researchers used Gramsci’s framework of hegemony to investigate the way political dynasty and kinship is constructed and perpetuated in Hulu Sungai Utara district. The researchers also utilized several media including print and digital media as the secondary data of this study. In the analysis of the data, the researchers discovered two ways of incumbent to perpetuate and monopolize local electoral system. Here, Abdul Wahid HK and Almien Ashar Safari (The regent and the Chief of the Provincial Legislatives Council of Hulu Sungai Utara) appear to have operated two types of power, that is soft and hard power to perpetuate their political dynasty in Hulu Sungai Utara.
Legal Responsibility of Substitute Doctors Who Do Not Yet Have a License to Practice Junaidi Arif
International Journal of Law, Environment, and Natural Resources Vol. 2 No. 1 (2022): April Issue
Publisher : Scholar Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51749/injurlens.v2i1.30

Abstract

The purpose of the need for a Practice License for a doctor is, Protection for the public and health workers, if the practice of medicine causes adverse effects on the physical, mental health or life of the patient. Then it becomes a guide for health workers in providing services to the community must have qualifications, competence, and licenses or legality, as well as community empowerment, professional organizations & existing institutions. This study aims to find out how the authority and legal consequences of substitute doctors who do not have a license to practice against the patient's losses. In this writing, the method used by the author is a type of normative legal research. Using laws and regulations and other relevant reference materials, then analyzed with applicable laws relating to the practice of doctors without a license to practice. The result of this study is the service for obtaining licenses for medical practice should be disseminated to the wider community so that the public knows how to take care of licensing, especially doctor's licenses and the service for obtaining licenses for medical practice should be disseminated to the wider community so that the public knows how to take care of licensing, especially doctor's licenses.

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