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Legalis : Journal of Law Review
ISSN : -     EISSN : 30308658     DOI : https://doi.org/10.61978/legalis
Core Subject : Social,
Legalis : Journal of Law Review with ISSN Number 3030-8658 (Online) published by Indonesian Scientific Publication, published original scholarly papers across the whole spectrum of law. The journal attempts to assist in the understanding of the present and potential ability law review.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 4 Documents
Search results for , issue "Vol. 2 No. 2 (2024): April" : 4 Documents clear
Legal Implications and Urgency Of Changing Ordinary Delicates Into Complaint Delicates In Copyright Law Number 28 Year 2014 Didi Jubaidi; Khoirunnisa Khoirunnisa
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.206

Abstract

The change of the ordinary offense to a complaint offense in Copyright Law Number 28 of 2014 has significant legal implications and emphasizes the importance of adjusting the law to protect copyright. This change reflects the need to adapt the law to current realities and demonstrates a commitment to international standards and the interests of copyright holders. However, effective enforcement of these changes faces challenges in identifying and dealing with copyright infringement, which requires collaborative efforts and continuous legal updates. This research aims to analyze the legal implications and urgency of the change from ordinary offense to complaint offense related to Copyright Law (UUHC) Number 28 of 2014.  The results show that treating copyright infringement as a complaint offense (klach delict) can lead to difficulties in law enforcement and an increase in copyright infringement in Indonesia. This is because the authorities cannot take direct action unless there is a complaint first from the injured party, as a result it can have a negative impact on the creative industry and make creators less motivated. This can have a negative impact on the creative industry and make creators less motivated to create original works. In addition, the consequence could be a decrease in tax revenue received by the government.
Correlation Analysis of Land Acquisition Regulation Policy for Public Interest with Regional Development and Financial Planning Regulations Silvy Vebritha; Widaningsih Trenggana
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.245

Abstract

Law enforcement in Indonesia faces challenges in addressing the rampant practice of prostitution, particularly involving service users and traditional commercial sex workers. Despite government efforts to reduce involvement in prostitution, the absence of specific regulations in Indonesian law has allowed users of these services to evade appropriate legal consequences. This research aims to highlight the urgency of criminalising both traditional commercial sex workers and their clients. The primary issue stems from economic factors, such as an individual's income or needs, particularly the difficulties faced by women in meeting their needs due to a lack of skills, which reduces their competitiveness in the job market. Additionally, there is a significant gap in the legal framework concerning regulation.  This study employs a normative juridical method, utilising legislative, conceptual, and comparative approaches. The researchers analysed secondary legal materials, including local regulations from DKI Jakarta, Indramayu District, Tangerang City, Denpasar City, Badung Regency in Bali, Batam City, and Bandung Regency. Additionally, they examined Dutch regulations on brothels, specifically the "Wet Regulering Prostitutie en Bestrijding Misstanden Seksbranche" (Regulation on Prostitution and Combating Abuses in the Sex Industry).  The findings suggest a pressing need to integrate these regulations into the NATIONAL CRIMINAL CODE to enable the prosecution of both traditional sex service users and workers. Alternatively, adopting the Dutch policy of legalising brothels, where owners must demonstrate consistent tax payments and non-involvement in criminal activities, could be beneficial. Such measures aim to prevent issues like HIV/AIDS and human trafficking.
Legal Challenges of Tapera Implementation in Indonesia: Toward an Equitable and Effective Housing Financing Scheme Alfrida Hasyim Alfrida; Enny Martha Sasea; Atang Suryana
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.250

Abstract

This research discusses the legal challenges in the implementation of Public Housing Savings (Tapera) in Indonesia. Tapera is regulated by laws and government regulations with the aim of providing affordable housing finance for all citizens, especially Low-Income Communities (MBR). However, there are several legal obstacles that need to be overcome, such as inconsistencies with existing laws and regulations, lack of provisions on the management of Tapera funds, and the absence of a special dispute resolution institution for Tapera. The research method used is qualitative analysis, using a literature study approach by conducting an in-depth review of relevant literature, including government regulations, research articles, and publications related to the implementation of the Public Housing Savings Program (Tapera). By using analysis such as relevant laws, regulations, and official documents Proposed solutions include harmonizing laws and regulations, formulating clear regulations on the management of Tapera funds, and establishing a dispute resolution institution. In addition, it is necessary to conduct extensive socialization and education about Tapera, and build adequate supporting infrastructure.
Criminalisation of Service Users and Traditional Commercial Sex Workers in Indonesia Nining; Dey Ravena; Dini Dewi Heniarti
Legalis : Journal of Law Review Vol. 2 No. 2 (2024): April
Publisher : Indonesian Scientific Publication

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61978/legalis.v2i2.262

Abstract

Law enforcement against service users and traditional commercial sex workers in Indonesia in handling the increasingly rampant practice of prostitution. Despite government efforts to reduce involvement in prostitution, the lack of specific regulations in Indonesian law has allowed service users of prostitution to avoid appropriate legal consequences. The purpose of this research is to understand the urgency to criminalize traditional commercial sex workers and service users. The majority of the problem lies in economic factors influenced by someone's income or needs, especially the difficulty for women to meet their needs, especially women who lack skills, thus their competitiveness in the job market is very low, and also related to the legal framework which still lacks regulation. This research uses a normative juridical method by employing legislative approach, conceptual approach, and comparative approach. Researchers examined secondary legal materials, including local regulations such as the DKI Jakarta Regional Regulation, the Indramayu District Regulation, the Tangerang City Regulation, the Denpasar City Regulation, the Badung Regency in Bali, Batam City, and Bandung Regency, as well as the Dutch regulation on brothels, known as the "Wet Regulering Prostitutie en Bestrijding Misstanden Seksbranche" (Regulation on Prostitution and Combating Abuses in the Sex Industry). The research findings indicate the need to promptly incorporate these regulations into the NATIONAL CRIMINAL CODE to prosecute users of traditional sex services and also the workers themselves, or at least to follow the policy of the Dutch government by legalizing brothels, where brothel owners are required to prove consistent tax payments and not being involved in any crimes, aiming to prevent HIV/AIDS and human trafficking.

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