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Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Published by Asosiasi Peneliti Dan Pengajar Ilmu Hukum Indonesia
ISSN : 30319684     EISSN : 30319706     DOI : 10.62383
Core Subject : Humanities, Education, Social,
Humanities Education Law, Crime, Criminology & Criminal Justice Social Sciences
Topics of interest in the Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora in particular include the study of Communication, Politics, Government, International Relations, and Social Affairs.
Arjuna Subject : Ilmu Sosial - Ilmu Politik dan Hubungan Internasional
Articles 123 Documents
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Pengaturan Hukum Positif Di Indonesia Terkait Promosi Judi Online Di Media Sosial Davin Gerald Parsaoran Silalahi; Ismunarno Ismunarno; Diana Lukitasari
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 2 (2024): March: Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i2.150

Abstract

This article analyzes the criminal offense of promoting online gambling, which is currently widespread on social media. The purpose of this article is to understand the legal frameworks regarding online gambling promotion on social media. The findings indicate that the regulations are found in Article 303 of the Indonesian Criminal Code (KUHP), Article 303 Bis, Article 426 of the New Indonesian Criminal Code (KUHP Baru), and Article 27 paragraph 2, Article 427 of the New Indonesian Criminal Code (KUHP Baru), and Article 45 paragraph 3 of the Indonesian Information Technology Law (UU ITE). The research method used in this writing is legal normative research with a statutory approach and a case approach. The legal sources in this research are primary and secondary legal sources, based on various regulations and various journals and academic writings. The result of the research is that within the online gambling regulations, there is a loophole, which is referred to as the "license" in the KUHP. The online gambling regulations in the Indonesian Information Technology Law are already in accordance with this.
Residivis Kejahatan Penyalahgunaan Narkotika Perspektif Teori Kontrol Sosial M. Zidan Ardana; Maya Shafira; Firganefi Firganefi; Gunawan Jatmiko; Damanhuri Warganegara
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.165

Abstract

Narcotics abuse is a very dangerous thing, because in addition to having an impact on the user's personal self, he will become addicted and his life will depend on narcotic substances, which if not prevented (treated), the type of narcotics that will be used will become stronger. and the larger the dose. Recidivism is the behavior of a person who repeats criminal acts after being sentenced by a judge's decision which has permanent legal force because of criminal acts that have been committed previously. The problem approach used is an empirical juridical method supported by a normative juridical approach. The data collection technique is that primary data is obtained through interviews with research subjects and secondary data is collected by reviewing through literature studies such as statutory regulations, books or literature, and journals. Data analysis uses qualitative data analysis. The factors that cause recidivism in narcotics abuse crimes are internal factors and external factors. Internal factors consist of uncontrollable desires, behavior, diligent praise, easily frustrated, and the character itself. External factors that cause someone to repeat the crime of narcotics abuse include environmental and social factors, economics, information and communication technology, and family factors. Efforts to overcome the recidivism of narcotics abuse that can be carried out are pre-emptive efforts, preventive efforts and repressive efforts.
Perlindungan Hukum Calon Pekerja dalam Pelaksanaan Pelatihan Vokasi di PT X Enge Christina; Agustin Widjiastuti; Andyna Susiawati
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.166

Abstract

Vocational training in Indonesia is organised based on cooperation or mutual agreement between educational institutions and companies. This research highlights the unavailability of legal regulations that specifically protect vocational trainees. The lack of specific regulations causes the implementation of existing labour regulations to be limited to companies where vocational training is held. Through this normative jurisprudence research, it can be seen that the vacuum legis condition, namely the existence of a vacuum of specific legal rules, has begun to have a solution. The Indonesian government has actually started to improve the quality of human resources through vocational education and training by making three new regulations related to vocational training. There are three new regulations that have been issued, namely: Presidential Regulation No. 68 of 2033 concerning Revitalisation of Vocational Education and Vocational Training issued on 27 April 2022. Coordinating Minister for Human Development and Culture Regulation No. 5 of 2022 governing the Organisation and Working Procedures of the National Coordination Team for Revitalising Vocational Education and Vocational Training, promulgated on 14 September 2022. Coordinating Minister for Human Development and Culture Regulation No. 6 of 2022 on the National Strategy for Vocational Education and Vocational Training, also promulgated on 14 September 2022. It is expected that these regulations can be implemented to protect the individual rights of prospective workers in vocational training in Indonesia.
Pelaksanaan Tera/Tera Ulang Oleh Metrologi Legal Dinas Perdagangan Dan Perindustrian Kota Gorontalo Sebagai Upaya Perlindungan Konsumen Mohamad Arif Asiari; Fenty U. Puluhulawa; Julius T. Mandjo
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.172

Abstract

This research aims to determine the implementation of tera/re-terra by the Legal Metrology Department of Trade and Industry of Gorontalo City as an effort to protect consumers. The type of research used in this research is empirical legal research which is intended to obtain clarity and understanding of the problems in research based on existing facts. Data sources were obtained through interviews, observation and documentation. Then analyzed descriptively qualitatively. The results of the research show that the implementation of tera/retracing by the Legal Metrology Department of Trade and Industry of Gorontalo City is carried out by carrying out retracing/retracing of scales which are included in the legal metrology category which is authorized for trading by the Ministry of Trade, in accordance with international standards. All UTTPs must be stamped/recast once a year in accordance with legal metrology laws and regulations. This aims to ensure that the UTTP equipment used by business actors complies with statutory provisions, so that the measurement results, measurements and scales are as they should be so that they do not harm consumers.
Peran Yayasan SPEK-HAM Dalam Pencegahan Dan Pemulihan Korban Kekerasan Seksual Di Kota Surakarta Farahavisa Rifastya Mahfud; Subekti Subekti; Riska Andi Fitriono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.173

Abstract

Sexual violence is a serious problem that causes physical and psychological harm to the victims. In efforts to prevent and address sexual violence, cooperation from all elements of society is very much needed, including through community-based service provider organizations as a form of community participation. This is regulated in Indonesian Law on Sexual Violence, Undang-Undang Nomor 12 Tahun 2022 tentang Tindak Pidana Kekerasan Seksual (UU TPKS) Article 85 regarding Community Participation, both in prevention and victim recovery. The Solidarity Foundation for Women's Humanity and Human Rights (SPEK-HAM) in Kota Surakarta is one of the community-based service provider organizations that play an important role in providing various prevention and victim recovery programs in accordance with the mandate of Indonesian Law on Sexual Violence (UU TPKS). However, in its implementation, SPEK-HAM faces various internal and external obstacles in fulfilling its role as a community-based service provider organization. This study uses the empirical legal research method to analyze SPEK-HAM's participation in implementing the mandate of the Indonesian Law on Sexual Violence in efforts to prevent and recover victims of sexual violence, as well as the challenges it faces. The findings of this research indicate that SPEK-HAM carries out several prevention and victim recovery programs by conducting awareness-raising activities and collaborating with relevant stakeholders. The obstacles encountered in these efforts include internal obstacles from within the organizers of sexual violence prevention and handling, as well as external obstacles which come from the outside.
Keabsahan Jual Beli Mystery Box Perspektif Pasal 1320 KUH Perdata Ishakimuda Lawrensius Basaro; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.175

Abstract

This article aims to find out the validity of a mystery box sale and purchase agreement from the perspective of article 1320 of the Civil Code. It is hoped that the results of this research can be used by parties, especially potential online loan recipients, in making an online loan agreement using a standard agreement system. The research methodology uses normative law, including primary and secondary legal documents, as well as data collection approaches such as literature reviews. A conceptual approach and a statutory approach were used in this research. The data analysis technique used was a deductive data analysis technique using the syllogism method. The validity of an agreement is assessed based on 4 main points of the validity of an agreement based on article 1320 of the Civil Code. Likewise, a sale and purchase agreement is considered valid according to law if it fulfills the 4 elements of the validity of an agreement
Sanksi Pidana Untuk Korporasi dan Pemegang Saham Korporasi Atas Tindak Pidana Lingkungan Hidup Suryani Alawiyah; Irwan Triadi
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.176

Abstract

The seriousness of the Indonesian government in paying attention to the environment is manifested in the existence of Law Number 32 of 2009 concerning Environmental Management by regulating criminal liability for corporate legal subjects subject to criminal penalties. This is because many environmental crimes are committed by corporations and may also be carried out by corporate shareholders as policy controllers of a corporation. Against the background of environmental criminal acts which are often committed by corporations and even shareholders are also involved in these criminal acts, this article aims to provide an illustration that shareholders can also be given criminal sanctions. The method used in this research is normative juridical with a literature study approach. The results of this research explain that corporations that commit environmental crimes are clearly regulated in Law Number 32 of 2009 so that criminal sanctions can be given to provide deterrence to corporate perpetrators, but for corporate shareholders involved it is not yet explicitly regulated in Law Number 32 of 2009. 2009 because they have not adopted the Piercing the corporate veil doctrine and the alter ego doctrine as in Law Number 40 of 2007 concerning Limited Liability Companies in article 3 paragraph (2) which eliminates the immunity rights of shareholders so that they can be punished.
Keabsahan Smart Contract Dengan Teknologi Blockchain Menurut Kitab Undang-Undang Hukum Perdata Korintus Wilson Horas Hutapea; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.177

Abstract

This article aims to find out the validity of the Civil Code smart contact. It is hoped that the results of this research can be used by parties, especially people who have started carrying out transaction and contract activities using blockchain technology in the form of smart contracts. This research method uses normative law, the use of legal materials includes primary and secondary legal materials, through data collection techniques in the form of literature studies. A conceptual approach and a statutory approach were used in this research. The data analysis technique used is a deductive data analysis technique using the syllogism method. The validity of an agreement is assessed based on an understanding of article 1313 and the main elements of the validity of an agreement based on article 1320 along with the principle of freedom of contract in article 1338 of the Civil Code. It is necessary to understand that smart contracts are required to fulfill the terms of the agreement in their implementation
Fungsi Pengaturan Sistem Pendidikan Pesantren Sebagai Instrumen Terwujudnya Manusia Yang Unggul Aristo Lanang Langgeng Asmoro; Lego Karjoko; Sapto Hermawan
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.178

Abstract

The regulation of the pesantren education system provides a legal guarantee for the continuity of pesantren education in Indonesia. The regulation is expected to be an instrument in realizing superior human beings. Research on the regulatory function of pesantren aims to find out more about the regulation of pesantren. The regulation is dissected to find how the pesantren regulation regulates the entire education system that takes place in the pesantren and then looks for the relationship between the correct regulation and the realization of superior human beings. Using a juridical-normative research approach, this research tries to comprehensively analyze Law No. 18/2019 on Pesantren. Law No. 18/2019 on Pesantren has regulated in detail how pesantren are organized. Equipped with the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 30 of 2020 concerning the Establishment and Implementation of Islamic Boarding Schools and the Regulation of the Minister of Religious Affairs of the Republic of Indonesia Number 31 of 2020 concerning Islamic Boarding School Education, the series of arrangements then work in harmony to oversee the running of Islamic boarding schools which then produce generations of superior humans.
Tanggung Jawab Hukum Aggregator Musik Terhadap Hak Cipta Musik Pencipta Lagu Muhammad Naufal Luthfi; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.180

Abstract

This research aims to determine the position and role of music aggregators in the digital music industry and the legal liabilities of music aggregators towards the copyright of music creators. This is a normative legal research of a prescriptive nature with a statutory approach. The legal materials used are primary and secondary legal materials, through literature study, and the technical analysis of legal materials using syllogism with a deductive thinking pattern. Based on the research results and discussions, it can be seen that music aggregators have a position as partial copyright holders of music that has been entrusted to them and play a role as distributors and managers of music royalties that have been entrusted to them. Meanwhile, the legal liabilities of music aggregators as stipulated in the Copyright Law are the recording of licensing agreements, determination of royalties in accordance with prevailing industry practices and fairness, and other liabilities that arise along with licensing agreements.

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