https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/issue/feed in-prolegurit 2024-09-13T00:00:00+00:00 Open Journal Systems https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/42 Juridical Analysis of Voter Data Access Rights Based on Law Number 27 of 2022 Concerning Personal Data Protection 2024-05-20T13:18:58+00:00 Mahendra Dicky Setiawan mahendradickysetiawan@gmail.com <p>An accurate voter list is a form of guarantee for the implementation of elections to fulfill citizens' voting rights. This can be realized by giving citizens the right of access to information related to the voters list. This research aims to identify what data is in the voters list in updating voter data that can be accessed by the parties in organizing elections and is able to solve the problem of security and accuracy of the voters list. This research method uses normative juridical research, which is a type of method in solving legal problems by using methods of study and analysis through written legal sources such as legislation. based on the results of the research, personal data can be used to determine a person's identity or used for both personal and group interests. Therefore, personal data protection is needed to anticipate misuse and privacy violations. One example of personal data protection is by providing access. The right of access in updating voter data is a right where the parties get information related to updating and improving voter data. The parties who are entitled to access in updating voter data include the KPU, Bawaslu and voters.</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/43 Product Protection of Micro, Small and Medium Enterprises (MSMEs) in Franchise Licensing Arrangement in Indonesia 2024-05-20T13:46:43+00:00 Fifi Firmanda Elva Thalia fififirmanda@gmail.com Rifqi Ridlo Phahlevy qq_levy@umsida.ac.id <p>This article discusses the protection of Micro, Small and Medium Enterprises (MSMEs) in structuring franchise licensing in Indonesia and how the implementation of government and local government policies on the form of MSME protection guarantees, especially on MSME products that are sold or distributed in partnerships between MSME actors and franchise businesses (Franchisee), especially Minimarkets, Supermarkets. The research method used is the Normative Method with a Statue Approach, and uses qualitative descriptive analysis to analyze the data. The results of this study indicate that the guarantee of protection of MSME products is evidenced by the existence of Regional Regulations governing this matter. However, when viewed from the existing implementation in the regions, it has not fully guaranteed the protection of MSME products because there are still regions that still do not have regulations regarding the Empowerment and Protection of MSMEs, especially MSME products in the arrangement of franchise licensing<em>.</em></p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/44 The Legal Implications of Selling Imported Thrift Clothing: Environmental Impact 2024-05-23T08:01:18+00:00 Herlina Oktavia herlinaov16@gmail.com Emy Rosnawati emy_lawyer@umsida.ac.id <p><em>This research analyzes the legal implications of the sale of imported thrift clothing in Indonesia in relation to its environmental impact. The study employs a normative method with a statute approach. The research findings indicate that the sale of imported thrift clothing has negative effects on the environment and human health, including air pollution, greenhouse gas emissions, difficulties in recycling, the use of hazardous toxins, and increased waste production. Imported second-hand clothing can also cause bacterial and fungal infections and contain harmful chemicals. For micro, small, and medium enterprises (MSMEs) that still engage in the sale of used goods, legal violations can result in administrative sanctions, operational disruptions, and criminal penalties for importers. MSMEs can transition to local products to support the domestic industry and reduce waste. It is crucial for MSMEs to comply with legal provisions and seek legal business opportunities in Indonesia.</em></p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/45 Protection of Educational Rights for Persons with Disabilities in Indonesia 2024-06-03T05:29:26+00:00 Dian pebrianto suraya dianpebri036@gmail.com Wiwik Afifah wiwikafifah@untag-sby.ac.id <p>One way to minimize the demarcation of persons with disabilities is to provide full and equal protection to realize respect, equality, protection, and fulfillment of the human rights and freedoms of persons with disabilities. (Istifarroh &amp; Nugroho, 2019) Until now, the implementation of the fulfillment of disability rights and guarantees for the fulfillment of the rights of persons with disabilities, in access to education there are still many obstacles. In fact, participation in development and access to equitable law are still very rare. The problem faced by people with disabilities at this time is the implementation of Education regulations that guarantee access and accessibility of disabilities in obtaining the right to education in higher education.Rahmad Syafaat Habibi And Kementerian Pendidikan d a n Kebudayaan, ‘Hak-Hak Penyandang Disabilitas Dalam Bidang Pendidikan Berdasarkan Pasal 9 Undang-Undang Nomor 19 Tahun 2011 Tentang Pengesahan "(Convention On The Rights Of Persons With Disabilities)". The research is a normative legal research using statutory and conceptual approaches. The results show that the protection of the educational rights of persons with disabilities in Indonesia in general has not been enforced because persons with disabilities experience obstacles in terms of the availability of facilities, so that persons with disabilities cannot fully exercise their educational rights as guaranteed by the state. In addition, accessibility for persons with disabilities to higher education information and services is still lacking, especially in various media that are easily accessible such as information that is compatible for persons with disabilities. The regulation on the protection of the right to education of persons with disabilities should be evaluated for its implementation so that it can be more effective in protecting the rights of persons with disabilities. get their educational rights optimally through affirmation in higher education.</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/46 Important Roles of Urban Planning and Public Transportation Regarding Climate Changes in ASEAN 2024-06-14T02:17:02+00:00 Vericko Dhuha Zahir Negara verickodzn@gmail.com <p>In today’s day and age, environmental challenges are increasing, with some reaching global levels. One of them is climate change due to global warming accelerated by human daily activities such as industrial waste, deforestation, and the most commonly found activity is the usage of personal motor-powered vehicles. Therefore, government around the world including government in ASEAN countries implement environmentally friendly policy, regulation, and infrastructure. Despite a lot of research surrounding climate changes and global warming, the author found zero studies that discuss the important roles of urban planning and public transportation policies and regulation as a way to deal with climate changes in ASEAN. This research utilizes a qualitative descriptive method to gather information related to the topic and analyze action taken by some ASEAN government. This resulted in the author disagrees with the approach taken by some ASEAN governments. Thus, the objective of this research is to provide knowledge to readers and suggest a different approach that ASEAN government should consider. As a result, the author suggests that every city in their country should become a place that is not too spread out for daily activities, prioritize walking and cycling, and supports public transportation more than personal vehicles.&nbsp;</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/47 Phytopharmaceuticals: A Green Revolution for National Health 2024-06-17T06:08:30+00:00 Rezky Ami Cahyaharnita myamirezky@gmail.com Yovita Arie Mangesti yovitaam@untag-sby.ac.id <p>Phytopharmacology is a sustainable economic strategy that focuses on the use of natural ingredients in medicinal preparations. These phytopharmaceuticals have been scientifically proven safe and effective through rigorous testing. In the context of a green economy, phytopharmacology aims to improve health while reducing dependence on synthetic drugs that harm the environment. It is distinct from herbal and traditional medicine, offering a significant opportunity for widespread use in health services, particularly in national health insurance programs like BPJS Health. The research method is normative juridical with statutory, conceptual, comparative, and case approaches. The use of phytopharmacology in developed countries is a cheaper and more effective alternative for diseases like hypertension and diabetes. The government has established a Phytopharmacology Formulary as a reference for health services, but Phytopharmacology has not been integrated into the National Formulary of Medicines for the JKN program due to a lack of regulation. The Health Law provides a framework for improving health services, public protection, and regulating health workers. Therefore, incorporating phytopharmacology into the National Formulary of Medicines is crucial for improving access to health services and increasing efficiency and transparency in health financing. The government must provide support, facilities, and clear regulations to oversee phytopharmacology development and use.</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/48 Navigating the Legal Framework of Sinking Countries and Climate Migrants in International Law 2024-06-18T02:24:43+00:00 Miftakhur Rohmah miftakhur.rohmah-2023@fh.unair.ac.id Arman Arroisi Hatta 20071010268@student.upnjatim.ac.id <p>While most discussions on climate change focus on mitigating its impacts, there is consensus that climate change will have widespread impacts that require preparedness to adapt. Climate change drives human migration domestically and internationally due to the need for safer, more stable living conditions, especially in countries at risk of sinking. This paper examines the legal status of sinking countries and the legal protection of climate-induced migrants through a statutory and conceptual approach. The study reveals significant gaps in the current international legal framework, highlighting the urgent need for comprehensive policies and legal instruments to protect the rights and dignity of climate-induced migrants and to address the unique challenges faced by sinking countries.</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/51 The existence of civil law amidst the embeddedness of customary law (living law) in Indonesia 2024-06-18T13:26:10+00:00 Mochamad Aditya Zulfikar adityazulfikar1212@gmail.com Nanda Sonia Salsabila salsabilaanandarain@gmail.com Erlita Karisma Ariditya karismaerlita@gmail.com <p>Indonesia is a country full of culture that has lived for thousands of years. The custom that live in Indonesian society shape the Indonesian nation as we know it today. Indonesia is a rule of law country with a constitution based on the 1945 Constitution. Although the constitution applies to all levels of society, there are stronger rules called norms. Norms have a stronger influence than positive law because there are sanctions imposed directly by society on violations of norms.The reason writer bringing this Topic is because the writer trying to analyze the cultural influences to the positive law in Indonesia This research uses qualitative because we were trying to analyzing this issues by the whole, which shows the importance of the depth and detail of the data being studied.</p> <p>&nbsp;</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology) https://in-prolegurit.upnjatim.ac.id/index.php/in-prolegurit/article/view/53 The Legal Framework of Green Economic Development in Indonesia 2024-07-20T06:43:45+00:00 Irham Maulidi irhamblue@gmail.com Rifky Alif Kurniawan rifqyalif3@gmail.com Iing Sholihin Firmansah iingsholihinfirmansah33@gmail.com <p>Economic development in a country is an important role in the welfare of the country's own life, including in Indonesia. The wealth of natural resources available in Indonesia is then utilized by the economic industry as the main raw material in meeting the needs of the economic market. However, overexploitation and exploration of existing natural resources can be a threat to sustainable development later. Green Economic development concept is an innovation that great attention to the preservation of natural resources for sustainable development in the future. As a state of law (rechstaat), Indonesia has certainly considered such a thing. The legal framework in Indonesia has regulated the protection and utilization of the environment and the use of natural resources, this is as mandated by the Indonesian constitution which provides the concept of a green constitution in Article 28H paragraph (1) of the 1945 Republic of Indonesia Constitution and Article 33 paragraph (3) and (4) of the 1945 Republic of Indonesia Constitution which reflects sustainable environmental development in Indonesia in the economic sector. This research uses the Doctrinal-Legal research method. Writing method with a conceptual study approach and a statutory approach. Through this research, it is expected to affirm that the concept of green constitution in Indonesia is also interpreted as a role model for economic development that is friendly to the environment, by utilizing existing natural resources as a form of implementation of environmental sustainability and protection of the environment in sustainable development in Indonesia.</p> 2024-07-31T00:00:00+00:00 Copyright (c) 2024 In-Prolegurit (International Proceeding: Legal, Human Rights and Technology)