Jurnal Hukum to-ra : Hukum Untuk Mengatur dan Melindungi Masyarakat

PENYELESAIAN SENGKETA CACAT OBJEK SERTIFIKAT DENGAN PERBEDAAN PADA PETA AGRARIA DAN TATA RUANG

Retsky Timisela — Mon, 25 Aug 2025 00:00:00 +0700

This study was conducted to analyze the differences in the area of objects listed on the certificate and the area of objects listed on the Agrarian and Spatial Planning map. Based on the reality that occurs in the process of issuing land certificates or buying and selling land where sometimes the area of objects listed on the certificate does not match that listed on the Agrarian and Spatial Planning map. The purpose of this study was to analyze, discuss and understand the certificate of proof of rights in order to obtain legal certainty. In this study, a normative juridical method was used, namely a method based on primary legal materials such as laws, theories, concepts, and legal principles. And using an empirical normative method that focuses on data, real evidence, and measurable facts on the disputed object to be observed.

PENERAPAN BUSINESS JUDGMENT RULE DALAM TANGGUNG JAWAB DIREKSI BADAN USAHA MILIK NEGARA

Rr Ani Wijayati, Chris Anggi Natalia Berutu, Mawar Sitohang — Wed, 13 Aug 2025 00:00:00 +0700

The Board of Directors of State-Owned Enterprises (BUMN) is an organ that has the duty and authority to carry out management and representation in and outside the court. In carrying out its management, the Board of Directors of State-Owned Enterprises has the principle of Business Judgment Rule in making business decisions that have an impact on the company in the future. Business Judgment Rule is a principle that protects the authority of directors in making business decisions. Directors are given flexibility and receive legal protection so that their decisions cannot be challenged even if this can cause state financial losses, but the doctrine often clashes with the characteristics of business that cannot be predicted and determined with certainty due to various influencing factors. This paper aims to analyze the application of the Business Judgment Rule principle known as the immunity doctrine to the business decisions of the Board of Directors of State-Owned Enterprises. Based on a literature review, this research concludes that the Business Judgment Rule has been implicitly regulated in Article 97 paragraph (5) of Law Number 40 of 2007 and Article 9F of Law Number 25 of 2025, but it is necessary to harmonize laws and regulations to understand the business judgment rule.

ANALISIS YURIDIS NORMATIF TINDAK PIDANA MEREK SEBAGAI KEJAHATAN TERHADAP HAK KEKAYAAN INTELEKTUAL

Andree Washington Hasiholan — Thu, 28 Aug 2025 00:00:00 +0700

This study examines trademark crimes as a form of crime against Intellectual Property Rights (IPR) in the Indonesian legal system. As brands increase their role in global and national trade, violations such as counterfeiting and unauthorized use of trademarks have become serious threats not only to brand owners, but also to consumers and the stability of healthy business competition. The main focus of this analysis is on the application of the principle of lex specialis derogat legi generalis, where Law Number 20 of 2016 concerning Trademarks and Geographical Indications (MIG Law) applies as a special law that overrides general criminal provisions in the Criminal Code (KUHP). This study uses a normative legal research method with a literature study approach to analyze how the MIG Law constructs a legal concept that expressly classifies trademark violations as crimes against IPR. The analysis shows that the MIG Law not only provides more severe and specific sanctions than the Criminal Code, but also reflects a shift in the legal paradigm that views IPR as a vital economic asset requiring strong and separate criminal protection. This regulation is a manifestation of the law's function as a means of social control and social engineering to foster a culture of respect for creativity and innovation in society. Ultimately, it is concluded that the criminalization of trademark infringement in the MIG Law is a strategic legal policy step to provide legal certainty, justice, and economic benefits for all stakeholders.

IMPLEMENTASI PARTISIPASI PUBLIK DALAM PENYUSUNAN UNDANG-UNDANG DI DPR RI STUDI KASUS: PENYUSUNAN UNDANG-UNDANG NOMOR 1 TAHUN 2023 TENTANG KUHP

Sari Yuliati, I Dewa Ayu Widyani, Tomson Situmeang, Jimmy Simanjuntak — Thu, 07 Aug 2025 00:00:00 +0700

DPR RI has the authority to cover three functions, namely the budget function, supervisory function and legislative function. Legal products or laws are drafted through a formation process with meaningful participation by the public, as stipulated in Law Number 12 of 2011 as amended by Law Number 13 of 2022 on the Formation of Legislation (PPP Law). In drafting the Criminal Code Law, the House of Representatives certainly adheres to the PPP Law as a guideline. Through this research, it attempts to analyze the drafting process and the formation of Law No. 1 of 2023 on the Criminal Code with reference to the PPP Law. This research uses normative research method with statute approach and conceptual approach. The scope of this research is to examine meaningful public participation in the preparation or formation of Law No. 1 of 2023 on the Criminal Code. The findings of this study, although a series of processes have been carried out in the preparation of Law Number 1 Year 2023 on the Criminal Code, there are still debates in the community that cannot escape criticism as a form of public participation.