WELFARE STATE Jurnal Hukum

Tinjauan Yuridis Penggunaan Aplikasi Corel Draw X4 Ilegal Dalam Bisnis Desain Grafis Berdasarkan Undang - Undang Nomor 13 Tahun 2016 Tentang Hak Paten

2024-11-05T11:46:05+07:00

Advances in digital technology have had a significant impact on
Intellectual Property Rights (IPR), especially in the field of graphic
design utilizing applications such as Corel Draw X4. Although
these applications are very popular and provide great economic
benefits, their illegal use has a negative impact on patent rights and
developer innovation. This research aims to examine the legal
implications of the illegal use of Corel Draw X4 in the graphic
design business in Indonesia based on Law Number 13 Year 2016
on Patent Rights. The method used is normative juridical, with
statutory and conceptual approaches. The results show that the
illegal use of this software violates the exclusive rights granted to
the patent holder and is potentially subject to legal sanctions such
as fines or imprisonment. Corel Corporation has a mechanism to
detect illegal use and offer alternatives to legal use, such as trial
versions. Therefore, graphic designers and businesses are advised to
comply with patent rules to avoid adverse legal consequences and
support the sustainable growth of the industry. Resolving disputes
related to patent infringement can be done through litigation or
non-litigation approaches, with mediation as a more effective and
efficient option.

Penegakan Hukum terhadap Pelaku Pembuat Stiker Menggunakan Foto Orang Lain yang Mengandung Muatan Penghiaan di Sosial Media

2024-11-06T11:15:07+07:00

The object of this research problem is what are the rules for using other
people's photos without permission to be used as stickers on social
media and what is the implementation of the law against perpetrators
who make stickers using other people's photos that contain insulting
content on social media. In this research the author uses a normative
type of research by examining applicable norms. The results of this
research can be concluded that making stickers using other people's
photos on social media is a form of action that can result in legal
consequences. When making stickers using other people's photos
without permission on social media, it is the same as deliberately
breaking the law by changing electronic information and this act is
regulated in article 32 paragraph (1) and also article 27 paragraph (3)
of the ITE Law. Implementation of the law against perpetrators who
make stickers using other people's photos containing insulting content
on social media, where the government has regulated and provided
protection for electronic media users, especially on WhatsApp, where
the provisions in article 45 paragraph (1) of the ITE Law state that
they will be punished with imprisonment. a maximum of 6 (six) years
with a maximum fine of IDR 1,000,000,000.00 (one billion) and can
also be subject to article 48 paragraph 1 of the ITE Law which states
that it can be punished with imprisonment for a maximum of 8 (eight)
years with a maximum fine Rp. 2,000,000,000.00 (two billion).

Pertanggungjawaban Pidana Pelaku Cyberbullying Menggunakan Fake Account

2024-11-05T11:53:35+07:00

Formulation of the problem of law enforcement against
cyberbullying perpetrators and criminal liability for cyberbullying
perpetrators who use fake accounts with the aim of finding out law
enforcement against cyberbullying perpetrators. and to find out
criminal liability for perpetrators of cyberbullying. using a Fake
Account. The method in this research uses a normative juridical
research type. Conclusions from this research. Law enforcement
against cyberbullying crimes is contained in the Criminal Code and
Law Number 11 of 2008 concerning Information and Electronic
Transactions, there are several articles related to forms of
cyberbullying relating to prevention, prosecution and prosecution
of perpetrators and victims. The issuance of the SKB on the ITE
Law serves as a guide for law enforcement. The articles contained in
the SKB can be studied objectively by law enforcers and resolve
cases without having to be submitted to court and strengthen the
position of criminal justice as the ultimum remidium, namely that
criminal punishment or sanctions are an alternative or last resort
in law enforcement. . The purpose of forming this SKB is to
maintain a clean, healthy, productive and fair Indonesian digital
space. The burden of responsibility is imposed on the perpetrator of
a criminal act in connection with the basis for imposing criminal
sanctions. The nature of responsibility for his actions is against the
law and there is no excuse. This issue of responsibility is stated in
Article 44 of the Criminal Code.

Tinjauan Hak Atas Kesejahteraan Sosial Terhadap Fakir Miskin di Kabupaten Jember

2024-12-03T14:27:01+07:00

The poor are those who earn more than the poor but not enough to
fulfill their basic needs. As the weakest and most vulnerable group
in society, the poor need public and social infrastructure in order to
slowly break out of the poverty cycle around them. Poverty as a
social problem does not only involve economic problems, but also
includes other problems faced by the community. How is the form of
social welfare implementation based on regional regulations and
how is the form of social welfare implementation in the jember
district, and its purpose is to find out and analyze how the form of
responsibility of the Jember Regency Government towards the social
welfare of the poor according to Jember Regency Regional
Regulation Number 8 of 2015 and to find out how the form of its
implementation in the jember district through research at the social
service. The research method used is using empirical methods,
where the method of collecting data through research used to see
legal aspects in social interactions in society. The conclusion is that
the government of Jember Regency must fulfill basic services for the
poor in Jember Regency and the government of Jember Regency
must fulfill the rights of the poor in accordance with Regional
Regulation Number 8 of 2015 concerning organizing social welfare
to the poor. The government of Kabupaten Jember itself has several
work programs to deal with the poor in Kabupaten Jember.

Upaya Hukum Dalam Pencegahan Aksi Lempar Batu Terhadap Pengguna Jalan Raya di Situbondo

2024-11-28T13:36:38+07:00

The recent increase in violent acts is often seen in society,
along with various problems related to law violations, from mild to
serious. One of the problems is the stone throwing action that
occurred in Situbondo from 2018 to 2024 there are several cases of
stone throwing in the Situbondo Regency area which have not been
completed and often occur repeatedly. The Crime of Destruction of
Goods itself has been cited in Article 406 paragraph (1) of the
Criminal Code. With 2 problem formulations, namely: 1. What are
the legal remedies of victims of the crime of throwing stones against
motorists on the Situbondo highway?, What is the legal threat to
the perpetrators of throwing stones against motorists on the
Situbondo highway? The research method uses an empirical
juridical approach, the data used are secondary data and primary
data. The study was carried out by literature studies and field
studies. The resource persons in this study are from the Situbondo
Police Gakkum Office. Based on the formulation of the problem and
the discussion in this study, the conclusion of this study is, Legal
efforts to protect victims of crime as parties seeking justice, then
they have the right to legal protection and redress as stated in Law
Number 8 of 1981 concerning the Criminal Procedure Code which
includes the Road to obtain justice and obtain justice, entitled to
restitution, compensation.

Militerisme dan Demokrasi: Evaluasi Hak Politik TNI-Polri di Indonesia Pasca-Reformasi

2024-12-04T10:35:37+07:00

The position of the military in a democratic country is by placing
civilians in the highest power, civilian supremacy over the military
in history began when the guided democratic government system
was implemented under President Soekarno. During this period,
the military has the same rights as civil society, namely the right to
vote and the right to be elected. During the New Order
government, the military did not have political rights, however its
existence and position became stronger, due to the development of
the middle way concept initiated by Nasution which became the
doctrine of the Dwifunction ABRI concept. After the 1998 reform,
the political system in Indonesia underwent changes, namely the
separation of the positions of the TNI and Polri. This fundamental
change was marked by the issuance of MPR Decree Number
VI/2000 concerning the Separation of the TNI and Polri and MPR
Decree Number VII/2000 concerning the Role of the TNI and Polri.
Law Number 34 of 2004 concerning the Indonesian National Army
and Law Number 2 of 2002 concerning the Police of the Republic of
Indonesia. This research uses a normative legal research method
using a statutory approach, which relies on research to be
researched from a positive legal perspective, and a historical
approach. This research concludes that the TNI-Polri's political
rights are prohibited from exercising their political rights and are
still relevant to maintain. And delaying the restoration of political
rights for the TNI-Polri.