Jurnal Al-Hakim: Jurnal Ilmiah Mahasiswa, Studi Syariah, Hukum dan Filantropi

Dropshipping System from A Hybrid Contract Perspective

Deviyana Khoirotul Iswiyah, Fairuz Sabiq (Author) — Tue, 21 Nov 2023 00:00:00 +0700

This research aims to determine the Dropshippimg Trading System on the Shopee Marketplace from a Hybrid Contract Perspective. The research is being offered in 2022-2023. The type of research in this research is field research and to achieve this goal the author uses a qualitative descriptive approach. Data collection was obtained through observation, interviews and documentation studies. Interviews were conducted with Dropshippers and Customers at Shopee Pasar. Data were analyzed using Milles and Huberman analysis, namely by data reduction, data presentation, and drawing conclusions or verification. The research results show that the practice of buying and selling using the Dropshippimg system on the Shopee Marketplace can be offered through several channels and the first thing to do is create an account. In terms of responsibilities and other processes, the practice meets the requirements and is harmonious in buying and selling, so the Dropshippimg system is allowed. There are several contracts in the Dropshippimg system on the Marketplace, namely Muḍarabah, Samsarah, Salam, and Wakalah bi Al-Ujrah. Muḍarabah occurs between the Supplier / Dropshipper and Shopee. Samsarah occurs between Dropshipper and Supplier. Salam occur between Customer and Dropshipper. Wakalah bi Al-Ujrah occurs between the Dropshipper and the shipping service.

Legal Protection of Digital Painting Works as Intellectual Property Right

Jessica Calista, Maman Sudirman, Benny Djaja (Author) — Tue, 21 Nov 2023 00:00:00 +0700

Currently, there is evidence of plagiarism or use of digital painting works that were taken secretly without permission from the owner of the digital painting artwork, because this very free digital space makes intellectual property works vulnerable to theft. The aim and focus of the research is more on analyzing legal protection arrangements for digital painting work. The research method used is normative juridical analysis using legal data in an open source manner with digital painting objects. Based on the research results, the legal protection of digital painting is protected by Law Number 28 of 2014 concerning Copyright and an international agreement in the form of the Trips Agreement. In accordance with Article 4 of the Copyright Law which states that copyright, including digital painting, is an exclusive right which consists of moral rights and economic rights. As for legal remedies for digital painting creators whose creations are misused by other people, they can report them via the E-Commerce Platform and can take legal action outside of court and also take legal action by filing a lawsuit in the commercial court. This research contributes a new regulatory discipline to digital painting.

The Strategy of Collecting and Distributing Qur'an Waqf at Trans Studio Bandung Grand Mosque: SWOT Analysis

Muhammad Fauzi Arif, Fahmi Fatwa Rosyadi Satria Hamdani (Author) — Tue, 21 Nov 2023 00:00:00 +0700

This research aims to determine Al-Quran waqf's funding and distribution strategy at Trans Studio Bandung Grand Mosque. The type of this research is qualitative and uses a descriptive study method. The research approach is SWOT analysis. Data collection techniques used interviews, observation, and documentation. The research results show that Al-Quran waqf's funding and distributing strategy at Masjid Trans Studio Bandung is carried out in two ways: 1) opening a waqf outlet and 2) presenting strategy. The results of the SWOT analysis are Strengths, the existence of a special team that focuses on managing Al-Quran waqf, the potential for Al-Quran waqf is quite large, the geographical location, e-money waqf transactions system, a good network of collaboration partners. Weaknesses include not having an Al-Quran waqf funding raising target, needing a schedule for Al-Quran waqf education, needing more professional human resources, and not optimizing social media to inform the waqf program. The opportunities are to develop in achieving the Al-Quran waqf program optimizing cooperation with external parties. The threats include the existence of Al-Quran waqf institutions that are more experienced and known by the public, and public literacy regarding Al-Quran waqf still needs to improve.

Validity of the Deed of Relaas at the General Meeting of Shareholders (GMS) via Teleconference

Nurul Izzah, Maman Sudirman, Benny Djaja (Author) — Tue, 21 Nov 2023 00:00:00 +0700

The existence of GMS relaas activities via teleconference which previously only took the form of paper has become an electronic document, in its implementation it is difficult to confirm its validity, however, ratification in the form of a deed is one of the roles of a notary to create evidence in the form of an authentic deed of the General Meeting of Shareholders (GMS). The research method uses normative juridical analysis using legal data in an open source. Based on the research results, ratification of the GMS deed through teleconference media can be implemented because it is based on the law in Article 77 of Law Number 40 of 2007 concerning Limited Liability Companies, which must be followed by ratification from a notary, also supported in terms of implementation by the Services Authority Regulation Finance Number 16/POJK.04/2020. Apart from that, the validity of the notary's signature in the GMS deed allows participants in the GMS forum. The creation of a GMS relaas deed with electronic signing has also been regulated in the Information and Electronic Transactions Law. The contribution of this research material related GMS deeds of release in the company scope.

Personal Data Vulnerability in the Digital Era: Study of Modus Operandi and Mechanisms to Prevent Phishing Crimes

Flea Akbar Permana, Ahmad Jamaludin (Author) — Tue, 21 Nov 2023 00:00:00 +0700

Rapid digital transformation has significantly increased the vulnerability of personal data, leading to an alarming increase in phising crimes. This scholarly article aims to investigate the modus operandi and prevention mechanisms of phising crimes in the era of digital transformation. Phising, a fraudulent practice that aims to obtain sensitive information through fraudulent means, has become a common cybercrime, targeting both individuals and organizations. This research utilizes a comprehensive literature review and analysis of various phising attack scenarios to identify common strategies used by cybercriminals. This analysis focuses on the techniques used to manipulate unsuspecting victims, such as social engineering, email forgery, and website forgery. In addition, this research explores the exploitative nature of data breaches and their implications for personal privacy. This article highlights the importance of collaboration between stakeholders, including government agencies, technology providers and individuals, in addressing the issue of personal data vulnerability. By sharing information, resources and best practices, stakeholders can work together to improve cybersecurity measures and effectively protect personal data. The findings from this study provide valuable insights into the modus operandi of phising crimes and the prevention mechanisms needed to protect personal data. By understanding the strategies used by cybercriminals and implementing proactive measures.

Prevention of Corruption in The Procurement of Goods and Services in The Government Sector

Zainab Ompu Jainah, Listia Laila Wandita (Author) — Tue, 21 Nov 2023 00:00:00 +0700

The procurement of goods and services encompasses several stakeholders, necessitating the establishment of ethical standards, norms, and principles to effectively control and inform the policy-making process in this domain. The objective of this study is to examine, comprehend, and analyze the execution of Article 38 in Presidential Regulation Number 12 of 2021, which pertains to the procurement of goods and services by the government through E-Purchasing. Additionally, this research aims to identify the issues that impede the effective implementation of these provisions. This study employs normative and empirical legal methodologies. The execution of Article 38 of Presidential Regulation Number 12 of 2021, which pertains to the government's procurement of goods and services through E-Purchasing, has been partially implemented but not fully optimized due to various challenges. These challenges include insufficient capacity among civil servants to meet the demands of their tasks and workload, inadequate comprehension of the primary responsibilities and functions of electronic application services, limited understanding of human resources, and insufficient supervision and guidance in the implementation of Article 38 of Presidential Regulation Number 12 of 2021.

Law Enforcement Against The Perpetrator of Physical Violence in The Healthcare Service Environment

Novian Kurnia Perkasa (Author) — Tue, 21 Nov 2023 00:00:00 +0700

Health workers often experience physical violence in carrying out their work. The research aims to determine the extent to which legal protection applies to health workers. The data used in this research was taken from several hospitals and other health services. The method used is a case study with a qualitative approach involving several parties involved in implementing legal protection for health workers. Legal protection for health workers who experience physical violence while working in health services is regulated in several laws, namely Law Number 36 of 2014 concerning Health, Law Number 29 of 2004 concerning Medical Practice, Law Number 38 of 2014 about health. Nursing, Law Number 4 of 2014 concerning Midwifery. Apart from that, there are still many obstacles and challenges in its implementation. In conclusion, legal protection for health workers who experience physical violence in carrying out their duties in the health service environment is very important and must be provided firmly.

The Regulation of Personal Income Tax and Its Enforcement For Foreign Workers

Kurniawan Kurniawan, Maman Sudirman, Benny Djaja (Author) — Tue, 21 Nov 2023 00:00:00 +0700

Foreign workers who work in Indonesia are required to pay taxes, especially taxes on the salaries they receive. However, tax collectors are often considered to be detrimental to foreign workers, because they reduce the income from their salaries. The aim of this research is to analyze the regulations for imposing salary tax on foreign nationals who work in Indonesian territory and the sanctions that can be given to foreign nationals who do not pay tax from their salaries. The research method in this scientific journal uses a normative juridical approach using data available through Open Source. The results is based on the Tax Harmonization Law, which states that foreign citizens who have obtained work permits can automatically be said to be taxpayers. As for the imposition of PPH 21 income tax for salaries for foreign workers on fixed income, the amount of income subject to tax is in the Minister of Finance Regulation number 101/PMK.010/2016. The legal sanctions for foreign citizens do not pay their salary taxes include fines, interest sanctions and increased tax sanctions. The research contribution is to raise new scientific discipline for more comprehensive regulation of foreign taxpayers.

Comparative Study On Childfree Marriage In Some Selected Countries

Afthon Yazid, Suud Sarim Karimullah, Arif Sugitanata (Author) — Tue, 28 Nov 2023 00:00:00 +0700

Childfree is a phenomenon that refers to a couple's decision not to have children, either voluntarily or temporarily. This phenomenon has become a significant topic of discussion in various countries and has become part of a global issue, including Indonesia. This issue is significant and debatable in society. In the context of the Islamic religion, having children is considered God's will, and children should be looked after properly. In societies that adhere to pronatalist views, the child-free phenomenon often faces pressure and stigmatism. However, these decisions often arise due to social, economic, and cultural changes. This research applies qualitative methods by analysing relevant literature about the childfree phenomenon. This research aims to review the factors behind the choice to be child-free in various countries. The research results show that many factors, including personal, economic, and environmental factors, influence the decision not to have children. In Indonesia, childfree still needs to be fully implemented, and the reason for choosing childfree is motivated by economic considerations. Meanwhile, abroad, the influence of childlessness is more varied, ranging from personal, economic, environmental, and psychological factors. Further research into the childfree phenomenon is needed to better understand its impact on families and society.

Analisis Pengaruh Weton di Desa Pakunden dalam Pernikahan Menurut Teori Strukturalisme Lévi-Strauss

Nimas Ayu Jihan 'Aatika, Nadya Artika Maulani, Muhammad Jazil Rifqi (Author) — Thu, 30 Nov 2023 00:00:00 +0700

Javanese people's beliefs are very attachedto the traditions and culture of the ancestors, oneof which is about the marriage weton.The purpose of this research is to find out thecommunity's response to date regarding the weton tradition. About the weton tradition and find out what factors cause Javanese people to be unable to escape from the tradition and then analyzed byJavanese society cannot be separated from this tradition and then analyzed using the Lévi-Strauss using the theory of Lévi-Strauss Structuralism, in Lévi-Strauss theory is also known to attach a certain structure to symptoms. Theory is also known to attach a certain structure to the symptoms it faces.Of course this is very sustainable with the concept of weton in Javanese society. Weton concept that exists in Javanese society. This research uses qualitative research methodsField Research qualitative research method where the data obtained does notrequire in-depth knowledge related to the literature, but rather by interviewinginterviews with several local residents, namely Pakunden Ponorogo Village. The resultsof this research shows that 1). Pakunden community still holdsThe Pakunden community still upholds weton calculations for marriage, 2). Factors that cause people to believe in weton calculations, among others, due to the influence of family and culture, the influence of fanaticism, and the influence of religion.and culture, the influence of fanaticism, and personal experience, 3). Obtained from weton calculations in marriage carried out by the Pakunden community when viewed from the perspective of thePakunden community when viewed from the perspective of Lévi-Strauss 's structuralism theory, namely as an effort to avoid misfortune or disaster in marriageis considered a mere myth wrapped in tradition.