WELFARE STATE Jurnal Hukum https://ejurnal.uij.ac.id/index.php/WSJ <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Journal Title <a href="http://ejurnal.uij.ac.id/index.php/WSJ/index" target="_top">Welfare State Jurnal Hukum</a></p> <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Initials WSJ</p> <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Frequency <a href="http://ejurnal.uij.ac.id/index.php/WSJ/issue/archive" target="_top">2 Issues</a>/Year (April, October)</p> <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Editor In Chief <a href="https://scholar.google.com/citations?user=HYWpw7oAAAAJ&amp;hl=id&amp;oi=ao" target="_top">Tioma R. Hariandja</a></p> <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Oneline ISSN <a href="https://issn.brin.go.id/terbit/detail/20220718241960924">2962-6439</a></p> <p style="margin: 0in; margin-bottom: .0001pt; line-height: 150%;">Publisher Law Study Program, Faculty of Law, Islamic University of Jember</p> Prodi Ilmu Hukum Fakultas Hukum Universitas Islam Jember en-US WELFARE STATE Jurnal Hukum 2962-6412 Penyelesaian Kasus Kekerasan dalam Rumah Tangga di Desa Andongsari Kecamatan Ambulu Kabupaten Jember https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2077 <p><em>Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values ​​that should be manifested in the family become blurred. This study aims to determine what factors cause cases of </em><em>domestic violence and how to resolve cases of domestic violence in</em><em>Andongsari Village, Ambulu District, Jember Regency. In general, the</em><em> factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic Violence that occurs in the household is a form of physical and emotional abuse which is a way of controlling spouses in household life, so that human values that should be manifested in the family become blurred. This study aims to determine what factors cause cases of domestic violence and how to resolve cases of domestic violence in Andongsari Village, Ambulu District, Jember Regency. In general, the factors that cause domestic violence include economic factors, infidelity factors, socio-cultural factors and the number of children. The factor that caused the occurrence of domestic violence that occurred in Andongsari Village was triggered by economic problems. Problems related to economic fulfillment are a source of contention between husband and wife. Settlement of cases of domestic violence by asking for help from the closest family to resolve problems between them in deliberation. If these steps fail to resolve the problem, then the victim will report to the Head of the Rukun Tetangga (RT). The role of the village government in an effort to provide protection for survivors of cases of violence against women and children, the Andongsari Village government has formed the Griya Asih Nusa Implementation Team.</em></p> Suphia . Dwi Fefri Kurniasari Solehati Nofitasari Sidi Alkahfi Setiawan Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 1 24 10.56013/welfarestate.v3i1.2077 Penerapan UU Nomor 28 Tahun 2014 Terhadap Perlindungan Hukum Atas Hak Cipta Lagu dengan Cover Lagu di Media Sosial https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2746 <p><em>IIndonesian people are already familiar with music covers uploaded on social media. The formulation of the problem of this research is what laws include copyright for musical works on social media as well as copyright infringement on social media, what types of music are not commercial, as well as cover music that benefits the creator. The aim of this research is to understand the law regarding work copyright and its violations, the application of non-commercial music covers that comply with the provisions of the law and music covers that benefit music creators. The research methods used are doctrinal law and descriptive research. The type of data used is secondary data using library research methods. The analysis in this research is qualitative. Based on the results and discussion above, the activity of covering music on social media is considered a copyright violation because it violates the moral and economic rights of the creator or copyright holder, but if it is non-commercial in nature, this can be profitable for the music creator even if the song cover is from the original creator.</em></p> Fikri Ali Mufthi Nuzulia Kumala Sari Ermanto Fahamsyah Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 25 36 10.56013/welfarestate.v3i1.2746 Hukum dan Kekuasaan Sebagai Satu Mata Uang dengan Dua Sisi https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2756 <p><em>Law and power have a very close relationship, that relationship can be described as one coin with two sides. The symbolic relationship between law and power is a functional relationship between the two. Power has a function as a tool for forming laws, enforcing laws and implementing laws, while the legal function of power includes tools for legalizing or justifying power, tools for regulating and controlling power and also tools for monitoring and accommodating power accountability. At a theoretical level, the influence of law and power is a reciprocal influence that controls and complements each other. Because power without law will have a strong potential for arbitrariness, while law without power will have no coercive power in implementing and realizing security, order and regularity in the life of society, nation and state, in other words, if there is conflict, the energy of law is often defeated. strong with power energy. As a result, the legal model is very dependent on the type of power. An authoritarian power will give birth to laws that are conservative and orthodox. On the other hand, democratic power will give birth to laws that are responsive and populist.</em></p> Abdul Manab Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 37 52 10.56013/welfarestate.v3i1.2756 Pertanggung Jawaban Pidana Pelaku Penipuan Tautan Undangan Melalui Whatsapp Ditinjau dari Undang-Undang Nomor 19 Tahun 2016 Tentang Informasi Transaksi Elektronik https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2802 <p><em>The rapid advancement of technology has brought many benefits to society, making it easier and helping to meet their needs through various technologies. However, along with this development, problems such as fraud through WhatsApp applications have also emerged. One of the modus operandi is the fraud of courier receipts or from the sender's expedition party. Therefore, the formulation of the research problem is whether perpetrators of fraud through WhatsApp invitation links can be subject to criminal sanctions, and what legal efforts can be made by victims of fraud through WhatsApp invitation links. The purpose of this study is to determine whether fraud through WhatsApp invitation links can be subject to criminal sanctions, and to determine what legal efforts can be made by victims of such fraud. The research method used is the typology of normative legal research, which is research conducted on written regulations, as well as library research or documentary studies, because this research mostly uses secondary data such as books and official documents. The approach used in this research is the statutory approach, case approach, and conceptual approach. In addition, this study also uses primary and secondary legal material sources. The first discussion result shows that fraud through WhatsApp invitation links can be subject to criminal sanctions based on Article 378 of the Criminal Code and Article 28 paragraph (1) of the ITE Law. Victims can take legal action by reporting such criminal acts to the Police in accordance with Article 4 paragraph (1) of Law Number 23 of 2007 concerning the Legal Jurisdiction of the Indonesian National Police. Victims can also resolve their issues through litigation or non-litigation.</em></p> Moh. Ainul Yaqin Tioma R. Hariandja Yuli Winiari wahyuningtyas Muhammad Hoiru Nail Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 53 78 10.56013/welfarestate.v3i1.2802 Analisis tentang Kebijakan Pemerintah Kabupaten Jember dalam Memberikan Perlindungan terhadap Lahan Pertanian Pangan Berkelanjutan https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2803 <p><em>The recent conversion of agricultural land for food has caused the area of food agricultural land to shrink and is feared to have an impact on decreasing food production. Land use for housing is growing rapidly, along with developments in population and the economic level of society. Rice fields in Jember Regency continue to experience shrinkage. Therefore, there is a need for policies from local governments to provide sustainable food agricultural land protection. This research aims to analyze the protection arrangements for food agricultural land from being converted to non-agricultural use and analyze the policies of the Jember Regency Government in regulating the protection of sustainable food agricultural land. The research method used for this writing uses a normative juridical research type (legal research) with a statutory (statute approach) and conceptual (conceptual approach). The results obtained in this research are that land conversion does not occur naturally, but is caused by several factors that encourage land conversion to occur. Jember Regency Government policy in an effort to protect sustainable food agricultural land includes, among other things, issuing Jember Regency Regional Regulation Number 1 of 2015 concerning RTRW for 2015-2035. In this Regional Regulation, a policy regarding the protection of sustainable food agricultural land has been established.</em></p> Muhammad Arum Sabil Supianto . Nanang Tri Budiman Firda Laily Mufid Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 79 116 10.56013/welfarestate.v3i1.2803 Peran Hak Kekayaan Intelektual terhadap Industri Hijau di Indonesia https://ejurnal.uij.ac.id/index.php/WSJ/article/view/2815 <p><em>Legal Protection of Intellectual Property Rights (IPR) has an important role in encouraging innovation and development of environmentally friendly products. Through patents, copyrights, and brand rights, industry players, researchers, and creators are encouraged to create new environmentally friendly solutions. This legal protection aims to encourage innovation and product development by incentivizing rights owners to engage in research and development that benefits society and the environment. This research uses a descriptive method of analysis with a focus on problems which are then analyzed based on reference sources such as laws and regulations, scientific journals, and relevant books. The data collection technique through literature study, in this case, data collection is related to the role of intellectual property rights in the green industry. Intellectual Property Rights have an important role to protect the green industry, with the protection of IPR it will provide efforts to encourage the community to be more innovative in green industry activities and access to technology needed to improve the environment. IPR protection will also greatly affect the development of the national economy and society.</em></p> Mohammad Irfandianto Ermanto Fahamsyah Nuzulia Kumala Sari Copyright (c) 2024 WELFARE STATE Jurnal Hukum 2024-05-08 2024-05-08 3 1 117 130 10.56013/welfarestate.v3i1.2815