Seminar Nasional Hukum Universitas Negeri Semarang

Implementasi Program Merdeka Belajar Kampus Merdeka di Era Digital dalam Menciptakan Karakter Mahasiswa Hukum yang Berkarakter dan Profesional

2021-08-30T19:49:38+07:00

Merdeka Belajar Kampus Merdeka Program (MKBKM) launched by the Ministry of Education, Culture, Research and Technology of the Republic of Indonesia is one of the breakthroughs in the digitalization era in the education sector. This program enables student exchange and also opens the boundaries of (physical) classrooms into digital spaces. This study aims to analyze the implementation of the MBKM program at the Faculty of Law, State University of Semarang in supporting the vision and mission of the UNNES Faculty of Law. In addition, this study aims to analyze the various obstacles faced during the implementation of the program and their relation in shaping the character of law students who are professional and character.

Perlindungan Data Nasabah Kredit dengan Sistem Online di Era Perkembangan Finansial Teknologi

2021-08-30T19:52:09+07:00

This legal writing examines information technology regarding the development of online credit systems. This writing uses a normative juridical approach. The results of this study are the emergence of a trend of online credit applications that promise a very fast credit and disbursement process without collateral. In fact, it can stimulate economic development in Indonesia. Because it increases purchasing power, the funding process is for business capital even for the consumptive needs of its users. However, when bad credit occurs, it has the potential to spread confidential data to our cellphone or email contacts, which are usually carried out by illegal online credit providers with the aim of reminding us to pay installments. The government through the Otoritas Jasa Keuangan must impose strict sanctions for online credit applications that are not in accordance with the authority of the OJK in Law Number 21 of 2011 concerning the Financial Services Authority and Financial Services Authority Regulation Number 77/POJK.01/2016 concerning Money-Based Lending-Lending Services. information technology, PP No. 71 of 2019 regarding the operation of electronic systems and transactions. Law Number 19 of 2016 (UU ITE). To prevent this violation, it is hoped that customers will be more careful in choosing an implementing agency that has been registered and licensed by the OJK and is a challenge for the government through the Otoritas Jasa Keuangan and in collaboration with AFPI to better educate this financial technology lending. As well as the Otoritas Jasa Keuangan's obligation to supervise online credit providers under its auspices and bring order to illegal institutions to reduce public unrest.

Transaksi Keuangan Mencurigakan dari Uang Elektronik Pada Masa Pandemi Covid-19

2021-08-30T19:53:30+07:00

The development of technology in the era of globalization accompanied by lifestyle changes has brought a lot of influence in the human civilization system. Especially in the field of economics, which originally only used banknotes or cash to transact is now available some merchants, e-commerce, and online transportation as a provider of digital payment instruments that offer the use of electronic money. During the coronavirus disease 19 or Covid-19 pandemic, there is also an increasing trend towards electronic money transactions. Due to the emergence of the Covid-19 virus, the World Health Organization warned that banknotes may be able to spread coronavirus. This electronic money is very easy to transfer or transfer. This then raises a question about the possibility of money laundering crimes with increasing electronic money transactions during the covid-19 pandemic. The type of research used is Normative Juridical by conducting library studies that use various legal theories and laws and regulations. The problem approaches that the author takes are statutes approach and doctrinal approach. Transactions through electronics are prioritized during pandemics whose settings have not been specifically regulated coupled with the modus operandi that existed during the pandemic. Nevertheless, it remains attached to criminal responsibility for perpetrators of money laundering crimes. In this case, harmonization and cooperation between institutions are needed to be able to monitor and eradicate suspicious financial transactions.

Penanaman Nilai-Nilai Pancasila dalam Pembelajaran Jarak Jauh pada Pendidikan Tinggi Hukum di Indonesia Era Covid-19

2021-08-30T19:55:22+07:00

Since Corona Virus Disease 19 (COVID-19) was confirmed to have entered Indonesia in March 2020, this global epidemic has continued to spread and claimed lives. The government has imposed social restrictions on the workplace environment, industry, religion, and education in order to prevent the spread of COVID19. Therefore, students from primary education to higher education must conduct learning activities through distance communication. Furthermore, long distance learning is implemented to all majors at the higher education level, including higher education in law. In addition to using technology as an academic infrastructure, the law faculty must respond to changes in society in the industrial revolution 4.0 era, which changes dynamically, despite the fact that political constraints frequently affect the dynamics of law development in Indonesia. What's more, technology-based law education is expected to continue producing virtuous graduates as the successors for law enforcement and justice in Indonesia who uphold Pancasila's values as the nation's ideology. The spirit of the national ideology is the background of the author's research on the deployment of technology as legal education infrastructure in Indonesia during the COVID19 pandemic, the role of technology in adapting to the legal academic subfield, and how to implement the ideology of Pancasila related to the use of technology as a learning infrastructure and a space for lecture materials. This legal study is a socio-legal perspective. The data used are drawn from primary and secondary legal sources, and the findings are presented deductively. During COVID-19, the result shows that students will use technology as a learning tool in the form of WhatsApp, Google Class, Google Meet, and Zoom. In addition, students also use e-libraries and YouTube channels to enrich reference materials during the learning process. As for technology as an accommodation of scientific substance, students develop it in research. And Pancasila's values are reflected in the attitude of the distance-taught students, and based on Pancasila's ideology for technical and legal research.

Implikasi Pasal Multitafsir UU ITE Terhadap Unsur Penghinaan dan Pencemaran Nama Baik

2021-08-30T19:57:51+07:00

Since the beginning of the enactment of laws and regulations related to Electronic Transfer Information, there have been various pros and cons to several articles that are considered to have multiple interpretations, one of which is Article 27 paragraph 3 regarding insults and defamation. Where in the process, the provisions of the article refer to the offense of complaint, but there is no clear limit on the elements of insult and defamation, poses several threats of problems in the implications of the article, among others: 1) limitation of freedom of opinion guaranteed by the constitution and rights Human Rights, 2) lack of legal certainty, 3) the potential for overcriminalization, 4) the ineffectiveness of the article due to duplication of the Humiliation clause of the Criminal Code, 5) Arbitrary actions against the determination of the defendants by justice enforcers. In other words, the situation of multiple interpretations in the article causes the non- fulfillment of the legal objectives to create certainty, benefit and justice. The focus in this paper is to reaffirm the benchmarks for the elements of insult and defamation of Article 27 Paragraph 3 of the ITE Law which is still considered confusing and causes legal uncertainty and hampers the law enforcement process in Indonesia if the article is implemented. In addition, this paper will later provide solutions to these problems. The legal research method used is normative legal research through a statutory or statutory approach, and uses secondary legal data sources.

Strategi Perguruan Tinggi Hukum dalam Menghadapi Era Disrupsi Teknologi Sebagai Upaya Membentuk Para Penegak Hukum yang Berintegritas dan Berkarakter Pancasila

2021-08-31T13:58:38+07:00

Law colleges are educational institutions that have a crucial role in shaping human resources who are ready to become law enforcers by prioritizing integrity, and being able to adapt to technology. This is in line with the world that is facing an era where there is a massive change taking place very quickly in various sectors which is called the era of disruption. One of the sectors experiencing the impact of the era of disruption is technology. The era of technological disruption certainly brings its own challenges and opportunities for various elements, one of which is law universities. In terms of challenges, in the era of technological disruption, law colleges as educational institutions must be able to prepare their students to be technology literate so that later when they graduate, they can compete in the global world of work. The era of technological disruption besides bringing challenges, of course also brings opportunities if it can be utilized to the maximum extent possible by the university, one of which is by utilizing digital technology with artificial intelligence (AI) to change teaching and learning procedures with innovations that can make it easier for students. This study aims to answer 2 problem formulations, namely: 1). How is the Law College as an educational institution that can produce law graduates with integrity and Pancasila character?, and 2).How is the strategy of law universities in preparing prospective law enforcement officers in the era of technological disruption?. This study uses the Statute Approach and Case Approach in providing an overview of law colleges as educational institutions in facing the era of technological disruption.

Inovasi IPTEK dan Mutu Pendidikan Perguruan Tinggi yang Modern, Kompeten, dan Berintegritas

2021-08-31T14:01:32+07:00

Science and technology innovation is a solution that needs to be designed and implemented that become competitive in developing countries by having the ability to innovate to become a strong, independent, respected country, and to produce quality human resources for the common good. In this technological system, it plays an important role in producing innovation, especially in the field of science and technology and the quality of higher education. As time goes by, the rapid development and technological revolution raises very serious challenges in every university in the development of global and regional times that affect the social life of the nation and state, for that we need a strategy to foster the spirit of the younger generation in the development of the modern word of science and technology, competent, and with integrity. Realizing an Indonesia that is empowered at the global level requires analysis, productivity evaluation, improving the quality of education and designing science and technology policies and innovations that are comprehensive in an integrated, open, and high-quality manner.

Pemanfaatan Teknologi Learning Management System (LMS) di Unnes Masa Pandemi Covid-19

2021-08-31T14:03:59+07:00

The rapid change of the times, especially in the field of digital technology, universities become catalysts that have an important role in supporting national research and technology. This is what then becomes a supporter in the national development process by creating an Increasingly superior Nation of Indonesia globally. This technology and information have a wide impact on human life, especially in the field of education to support the teaching and learning process to be more efficient and more effective. This educational technology also contributes to the learning skills of various communication media, as well as making it easier to present more concrete information data, especially in universities. Universities should be able to take advantage of technological advances to improve the management and teaching systems in college, it also aims to improve innovation and the quality of teaching, so universities also need to work with the academic community and industry players to be able to improve and create learning methods that will later improve the quality of graduates from universities. Universities must be able to print competitive and qualified human resources in order to be leaders and thinkers of a nation that can determine the development of their country in the future.

Peningkatan Aspek Integritas dan Aspek Teknologi Bagi Civitas Akademika Hukum Guna Mewujudkan Profesionalisme Hukum dan Cakap Literasi Digital

2021-08-31T14:06:50+07:00

Integrity and technology aspects are very much needed in the current era in increasing legal professionalism and digital literacy skills. The legal academic community has an important role in the development of aspects of integrity and development of technological aspects. This is related to the realization of the process and results of the legal profession that can be highly competitive and make a positive contribution to the realization of a just law. The issues that will be studied and analyzed in this research are: first, improving the integrity and technological aspects for the legal academic community. Second, the influence of an attitude of integrity and technology proficiency in order to realize legal professionalism and digital literacy skills. The research method used in this paper is normative legal research with a concept approach, legislation and case approach. This study aims to determine the integrity and technological aspects for the legal academic community. In addition, to determine the influence of integrity and technology skills in order to realize legal professionalism and digital literacy skills. The results of this study conclude that: first, improving the integrity and technological aspects is very necessary for the legal academic community. This is related to the process and results for legal profession actors in their integrity and in adapting technology to make a positive contribution to the realization of a just legal climate. Second, there is the influence of an attitude of integrity and technological competence in order to realize legal professionalism and digital literacy skills. This is very influential on the realization of legal professionalism and skills in digital literacy.

Implementasi Pembelajaran Daring dalam Menghadapi Pandemi Covid-19 untuk Menjamin Hak Konstitusi Warga Negara Indonesia

2021-08-31T14:09:28+07:00

The emergence of the Covid-19 virus has certainly taken the whole world by storm. The Covid-19 virus first entered Indonesia in March 2020. With the Covid-19 virus, it certainly resulted in significant changes to all aspects of life, one of which was in the education aspect. Basically, education is the constitutional right of every Indonesian citizen as explained in Article 31 of the 1945 Constitution of the Republic of Indonesia which states that every citizen has the right to education, and every citizen is obliged to attend basic education and the government is obliged to finance it. Besides that, education is also basically a part of human rights, as stated in Article 28C Paragraph (1) and Article 28E Paragraph (1) of the 1945 Constitution of the Republic of Indonesia During the COVID-19 pandemic, the Indonesian government has taken various ways as one of the optimizing learning in Indonesia during this covid-19 pandemic. With the implementation of distance or online learning in Indonesia, it is one of the government's alternatives to continue to carry out learning activities during the pandemic. Online learning in Indonesia is also of course by utilizing advances in information and communication technology in the era of the industrial revolution 4.0. However, with the existence of online learning activities, this will certainly lead to new problems in its implementation. During online learning, of course, there will be positive and negative impacts in it. The purpose of this paper is to provide analysis as well as criticism and suggestions to the Indonesian government while implementing online learning during this covid-19 pandemic. The research method used in writing or research is by using doctrinal research methods, which are legal research conducted by conducting research on the study of library materials or secondary data on legal principles that occur, as well as by conducting research on certain case studies using descriptive analysis writing method.

Perlindungan Hukum Bagi Konsumen dalam Perjanjian Pinjaman Online

2021-08-31T14:12:30+07:00

The rapid growth of information technology-based lending and borrowing service providers has apparently not been matched by adequate education to the public, resulting in various effects/risks that arise from the many types of online loans and there are still many companies that are unregistered or illegal as well as the potential for data leaks. the user's privacy that can be misused by the organizing company or other parties. Consumer protection is intended as all efforts that guarantee legal certainty to provide consumer protection, as in Article 1 point 1 UUPK. The existence of this UUPK is to guarantee legal certainty for consumer protection by fulfilling consumer rights. The problem that arises is how is the legal protection for consumers in online loan agreements? What steps have been set by the government in protecting consumers related to fintech / illegal online loans? The normative juridical approach method. Collecting data through interviews, questionnaires, literature study. The data collected includes primary data, secondary data. The research data, both primary and secondary data, will be analyzed qualitatively. The results of this study are legal protection for consumers by carrying out a fintech-based company supervision system that is closely related to consumer protection legal issues which are generally regulated in Law Number 8 of 1999 concerning Consumer Protection. Because one of the keys so that consumers' rights can be protected is from the extent to which regulations related to supervision and supervision systems are carried out by the government (in this case OJK) regarding the fintech companies themselves. The step that must be taken by the government is that its implementation must be guided by the Regulation of the Financial Services Authority No. 77 /POJK.01/2016 concerning Information Technology Lending and Borrowing Services.

Pengaruh Covid-19 Atas Berlakunya Regulasi Proses Perizinan Usaha Pertambangan Melalui Sistem Online Single Submission Berbasis Risiko

2021-08-31T14:14:57+07:00

Regulatory developments in Indonesia are still rolling, including in the investment sector. Indonesia now enforces a licensing system using electronic media called the Online Single Submission Risk-Based Approach (referred to as OSS-RBA). This system applies to the business sector in Indonesia, including the mining investment sector. This sector has a relatively high risk, so it is essential to understand the implementation of risk-based business licensing in this mining investment sector. In addition, the enactment of risk-based OSS occurred during the covid-19 pandemic, which still affects business activities in Indonesia. In the end, this article aims to find out the effect of covid-19 on changes in business license regulations with OSS-RBA in the mining sector. In the future, the presence of OSS-RBA, which is now mandatory for use by investors, including in the mining sector, on the one hand, will facilitate the process, especially during the pandemic. The use of electronic systems will help to break the chain of the spread of the covid-19 virus. However, on the other hand, pandemic conditions will still be difficult because it turns out that socialization is still essential. System adjustments and direct communication are still needed between investors and the government. However, there are online media to help communication-related to the difficulties caused by the implementation process. The condition of the covid-19 pandemic is a starting point for momentum to utilize electronic systems in the licensing process in Indonesia to accelerate the business climate in Indonesia.

Reorientasi Perguruan Tinggi Hukum Sebagai Professional School Berlandaskan Pancasila dalam Mencetak Penegak Hukum Berintegritas di Era Teknologi Informasi

2021-08-31T14:17:04+07:00

The existence of law universities is very essential in producing law graduates who are expected to be able to become professional law enforcement officers. This is because the law college is the only educational institution that provides legal education both holistically and integrally. It is hoped that law graduates produced by law universities will be able to fill professional positions that are only carried out by professional law graduates such as prosecutors, advocates, curators, judges, and notaries. In reality, the goal of law colleges in producing professional law graduates has not been fully realized. There are still law graduates who are printed by law colleges who are considered to have failed to become professional law enforcers. In recent years, many law enforcers have doubted their integrity. Legal universities are responsible for producing law graduates with an image and integrity based on Pancasila. In addition to integrity issues, law universities are also required to encourage the development of national law in the era of information technology. Given, the process of development of the times is certainly unavoidable. This study aims to answer two problem formulations, namely: how are law universities as printers of professional and integrity law graduates based on Pancasila both in the education system and practice?; and, what is the role of law universities in the development of national law in the era of information technology? This paper uses a juridical-normative approach in providing an overview of law universities in producing law graduates with integrity in the era of information technology.

Konten Prank Youtuber Sebagai Tindak Pidana Berdasarkan Undang-Undang Informasi dan Transaksi Elektronik

2021-08-31T14:19:26+07:00

Prank is a form of joke or joke that is intentionally made by someone with the intention of pranking or pranking other people with the aim of creating a sense of satisfaction for the prank maker. There are various types of pranks that are generally made to be later used as personal or group content available on various social media such as YouTube. Prank content created by someone like a YouTuber (YouTube content creator) can be considered a crime, even if a prank is a joke or a joke. This is because someone who is a victim of this prank may be harmed or their rights may be violated. The purpose of this study is to find out and analyze YouTuber prank content which can be categorized as a crime under the Information and Electronic Transactions Act and the regulation of YouTuber prank content which is categorized as a crime in the Electronic Information and Transactions Act. The method used in this research is normative juridical using a legal and conceptual approach. The technique of collecting legal materials used is document study by examining primary and secondary legal materials. The method of analyzing legal materials is carried out in a normative juridical manner which is presented descriptively. Based on the results and discussion of this research, it was found that YouTuber prank content which can be categorized as a criminal offense under the Information and Electronic Transactions Act is prank content that contains content that violates decency, insults and/or defamation, and can cause hatred or hostility of certain individuals and/or community groups based on ethnicity, religion, race, and inter-group (SARA). Then it was found that, the regulation regarding YouTuber prank content which is categorized as a crime in The Information and Electronic Transaction Law is regulated in Article 27 paragraph (1) and (3) junto Article 45 paragraph (1) and (3) and Article 28 paragraph (2) junto Article 45A paragraph (2).

Digitalisasi Kekayaan Intelektual Komunal di Indonesia

2021-08-31T14:21:36+07:00

Intellectual property is one of the interesting issues to be discussed and continues to develop into a debate in the international world. The debate becomes stronger over communal intellectual property rights. In principle, intellectual property gets legal protection and becomes intellectual property rights. Intellectual property rights themselves consist of intellectual property rights that are personal and intellectual property rights that are communal. For Indonesia, which is rich in biodiversity and the nation's cultural wealth, which is very strong with the ownership of communal intellectual property rights. Individual intellectual property becomes a complete understanding for the Indonesian state, although at the beginning of its acceptance, personal intellectual property cannot be perfectly accepted by the Indonesian state. Currently, personal intellectual property has been able to be dynamic in the life of Indonesian people. The current debate is intellectual property rights that are communal. The Indonesian nation is rich in intellectual property rights, but why are there still obstacles in protecting communal intellectual property. This article is derived from research conducted using a normative juridical method with a statutory approach and a conceptual approach. The results of the study can be seen that the Indonesian government has made efforts to take an inventory of communal intellectual property in Indonesia. Digitization is the answer to the need for a communal intellectual property database in Indonesia.

Tantangan Pendidikan Tinggi Hukum di Masa Pandemi Covid-19 dalam Pemanfaatan Teknologi

2021-08-31T14:23:58+07:00

Covid-19 Pandemic is a health threat that occurs globally and affects many aspects of life. UNESCO (2020) reported that by the end of 2019, COVID-19 has spread to all countries in the world and caused deaths. There are various attempts promoted to cut the spread of the virus. One of them is to shut schools and universities down. The growth of technology in education until today gives a colour variation in the learning process. There are some reasons why higher law education must react to the rapid change of society during this Covid-19 pandemic period. The development of law could not follow the speed of change that is happening mainly due to the political issue. Whereas higher law education is supposed to take a crucial role to face the growth of law practice that requires solutions and new ideas. The world of Law (Practitioners and Mostly Academics) is naturally opened towards science and technology contribution. The reason is that there is a growing need and demand to develop a legal reform program. Information Technology can be employed to support and assure good governance, administration, and judicial process. The good and bad sideof law practice can be traced from the teaching of law in law higher education. At present, the science of law can no longer be confined to the academic romanticism of the past which is still being enforced by rigid and inflexible higher education administrative bureaucratic regime. It is only when legal law scientists can collaborate massively with other scientists, government institutions, industries and community figures, the existence of law and legal science will be benefitted by the seekers of justice.

Paralegal dan Kopi: Sebuah Kombinasi Layanan Konsultasi Hukum dan Coffee Shop di Desa Wanureja Tegal di Era Digital Teknologi

2021-08-31T14:25:39+07:00

The Indonesian people's fondness for coffee has become one of its own potentials and attractions, both in the fields of economy and tourism, as well as socio-cultural. Various coffee shops with various concepts emerged, not only in big cities but also in villages. With the rapid flow of information and technology, it is possible for this business to have sustainability and resilience. In the cultural aspect, this business can survive because of the cultural tendency of the Indonesian people who like to discuss, gather, and talk about many things in various ways. Seeing this potential, the author tries to combine the concept of cultural culture (craving for coffee) with a legal consultation service program by paralegals in Wanureja Village, Tegal Regency, Central Java. This program is a community service program funded by the Faculty of Law, State University of Semarang. This program aims to initiate and develop a legal consultation service center at the village level by utilizing coffee shops as a means of meeting clients with consultants.

Potret Tumpuan Perguruan Tinggi dalam Upaya Alih Teknologi

2021-08-31T14:28:37+07:00

Universities in Indonesia are a place for researchers, academics, and devotees to contribute their thoughts, develop science and technology, and develop science and technology to be able to benefit the people of Indonesia. College as a forum for the development of science and technology not only studies and studies science and technology but is also able to apply it in learning and apply it in people's lives. It is a tough task for universities to carry out, but the demands of the era and human civilization make universities must be able to adapt to the existing conditions. Technology transfer is the right target to be carried out by universities, considering that Indonesia is lagging behind in developing technology in the international world. The purpose of technology transfer at the University, one of which is to catch up with Indonesia's current technological advances. This paper is the result of a research conducted using a normative juridical method. The data used is secondary data with a variety of literature, both books, journals, laws and regulations. The results of this study can be seen that universities have made various efforts to improve technology transfer even though there are several obstacles and challenges faced by universities. Nevertheless, higher education remains the center for developing science and technology and increasing technology transfer in order to provide the greatest benefit to the Indonesian state and nation.

Kontektualisasi Fakta Hukum ke dalam Ruang Kelas Digital: Sebuah Pengalaman Fakultas Hukum Universitas Negeri Semarang

2021-08-31T14:30:18+07:00

The Covid-19 pandemic has encouraged the digitization of all aspects, including aspects of education and the learning process. Higher Education in Law also organizes online learning processes, both in theoretical and practical courses. In some cases, online learning has a positive impact, for example encouraging students and lecturers to explore the digital world optimally for various interests. On the other hand, several studies have proven that there is a learning gap in the online learning process. This paper aims to analyze how law students contextualize legal facts in digital classrooms. This study involved 300 students in six different classes (three classes of Criminology and Victimology, and three classes of Legal Aid Proficiency) at the Faculty of Law, State University of Semarang.