Journal & Issues

Journal Details
Format
Journal
eISSN
2620-9837
Published
28/02/2022
Languages
English
25 Articles
access type Open Access

PENJATUHAN PIDANA DAN PENERAPAN DAKWAAN TERHADAP TERDAKWA DALAM TINDAK PIDANA PENYALAHGUNAAN JABATAN SEBAGAI TINDAK PIDANA KORUPSI

Page range: 1-11

Abstract

An act of corruption is an extraordinary crime that often occurs in Indonesia, the occurrence of this Corruption Crime can be done by someone because he has  the authority and position that someone has. The impact that can arise due to the  existence of a Corruption Crime, namely, it can cause problems in economic  development in Indonesia, and can create poverty in the community of the  country. In writing this thesis the author uses a normative legal research method,  in which the author uses research on primary legal materials and secondary legal  materials, then the author examines and draws a conclusion related to the problems studied by the author. The purpose of writing this thesis is to answer the imposition of criminal charges and the application of charges in the case of a  criminal act of abuse of office as a criminal act of corruption. In writing this  thesis, the author obtains answers regarding the problems studied by the author in the imposition of criminal charges and the application of charges against the accused.

access type Open Access

KEKUATAN PEMBUKTIAN SAKSI DAN SALINAN TULISAN DALAM SENGKETA KEPEMILIKAN TANAH DALAM PERSPEKTIF HUKUM ACARA PERDATA INDONESIA

Page range: 12-21

Abstract

 The law of evidence is a set of rules and regulation that must be followed by The Judge during the court process in making a decision for justice seeker. The status in the law of evidence is not only found in Formal Law (Procedure Law), but also in Material Law. It can be interpreted that The Law of Evidence in the classification of Material Law is to guarantee the application of the Material Law itself in the court process. The impact of The Law of Evidence is to find justice, since The Judge may consider the decision to a case with the evidence tools proposed by both sides. In this research, the writer uses a normative research method in which the writer uses the primary and secondary objects. Besides that, the writer also uses the empirical research method in which the writer obtains the information by interviewing the informants. Next, the writer analyses and makes conclusion based on the case researched by the writer. The purpose of the study is to acquaint the power of The Judge in deciding the case based on the evidence using the duplicate paper (photo copy) and witness's tools (testimonium de auditu). In writing this research, the writer obtains the conclusion of the power of The Judge in deciding a case using the evidence of duplicate paper (photo copy) even without the original paper and using witness's tools-testimonium de audito.

access type Open Access

ANALISIS HUKUM TERHADAP KETERLAMBATAN PEMBERITAHUAN PENGAMBILALIHAN SAHAM DITINJAU DARI HUKUM PERSAINGAN USAHA

Page range: 22-28

Abstract

An acquisition is ithe taking iof iownership ior icontrol iof ithe ishares ior iassets iof ianother icompany, iand iin ithis ievent, ieither ithe itakeover icompany ior ithe iforeclosed icompany icontinues ito iexist ias ia iseparate ilegal ientity. iIf ithe itakeover iof ishares iof ia icompany iis idue ito ian iincrease iin ithe inumber iof iassets iand isales ivalue iafter ithe itakeover ithat imeets icertain icriteria iin iaccordance iwith ithe iprovisions iof iLaw iNo. i5 iof i1999 iand iother iderivative iregulations, iit imust ibe ireported ito ithe iBusiness iCompetition iSupervisory iCommission i(abbreviated iKPPU) ino ilater ithan i30 iworking idays ifrom ithe idate iof ithe itakeover iof ithe icompany's ishares. Thus, ithe iauthor iconcludes ithat ithe iCommission iCouncil ihas imade ithe iright idecision. iThe iReported iParty ihas ibeen ilegally iproven iand iviolated iArticle i29 iof iLaw iNo. i5 iof i1999 iin iconjunction iwith iArticle i5 iof iPP iNo. i57 iof i2010. iBecause ieverything icontained iin ithe iarticle ihas ibeen ifulfilled, isuch ias ithe ifulfillment iof inon-acquisition iof ishares, ithe ivalue iof iassets iresulting ifrom ithe iacquisition iof ishares iexceeds ithe iminimum ilimit, inamely iexceeds iRp. i2,500,000,000,000.00 i(two itrillion ifive ihundred ibillion irupiah) iand ihas iexceeded ithe ieffective iperiod iof i30 idays.

access type Open Access

PENERAPAN PIDANA TERHADAP PELAKU DAN RESTITUSI TERHADAP ANAK SELAKU KORBAN TINDAK PIDANA KEKERASAN SEKSUAL

Page range: 29-44

Abstract

The criminal act of sexual violence against children is increasing, this can be done by anyone, even by their own family. as a state of law Indonesia has a set of rules for punishing the perpetrator, one of which is imprisonment, but imprisonment is not enough to give a sense of justice to the victim, because in this case the victim suffers a lot. therefore the victim must provide compensation for the suffering suffered by the victim, called restitution. The research method used in this paper is a juridical-normative legal research method with a law approach and a case approach. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. The results of this research on the Wonosobo District Court Decision Number 26/Pid.Sus/2020/Pn Wsb about the imprisonment of the defendant it has given a sense of justice and the implementation of the victim's right of restitution. The defendant is sentenced to 10 years in prison and has an obligation to pay the right of restitution to the victim in the amount of Rp. 6,364,000.00 (six million three hundred sixty four thousand rupiah).

access type Open Access

PERAN HUKUM ASURANSI DALAM PENGIRIMAN BARANG OLEH PERUSAHAAN EKSPEDISI

Page range: 45-55

Abstract

The business activities of shipping goods carried out by shipping companies have increased today, with the increasing number and development of shipping companies, the possibilities of risks that will arise in shipping are also developing. These risks include loss, damage, destruction due to errors/omissions in delivery or due to other errors caused by natural factors.

In discussing the problems above, the author uses normative legal research methods, using secondary data in the form of legal materials consisting of primary, secondary, and tertiary legal materials. Where the author describes the legal role of insurance in the delivery of goods carried out by the expedition in accordance with applicable regulations.

Based on the results of the author's research and analysis, legal protection for shippers already exists and is regulated in the KUHD, Civil Code, and applicable laws, but the implementation regulations to protect the shipper during the delivery process do not regulate the amount of compensation in accordance with the value of the goods purchased. sent so that many use insurance services as a risk transfer agency. For its application in insurance law, the insured party often experiences obstacles in the process of claiming compensation. So that the insured party must also take various legal efforts to obtain compensation from the insurer.

access type Open Access

PERAN KEPOLISIAN DALAM MENEGAKKAN HUKUM TERHADAP PELAKU TINDAK PIDANA PENIPUAN ONLINE MELALUI MEDIA SOSIAL INSTAGRAM DI POLSEK BEKASI UTARA

Page range: 56-67

Abstract

Online fraud refers to a crime where network system and computer can beused as the facility or to do the crime. It is an activity that is against the law and is done by cartain people who are responsible for the crime. It can be done via internet and may involve purchase fraud, transaction fraud and data theft, where computer can be used (e-commerce) to cary out the action. The factors that my cause the online froud phenomenom include society factor, cultura factor and environmental faktor. From various online fraud crimes that have happened, the Departmental Resort Police (Polsek) of Bekasi has attepted a number of efforts, including of prosecuting the criminal, tracking the location of the perpetrator, blocking the bank account of the perpetrator, supporting various institutions related to the criminal act, as well as on there forts including addressing thr issue and making it public trough the internet.

access type Open Access

ANALISIS PERTIMBANGAN HAKIM DALAM MENERAPKAN PASAL 28 AYAT (2) JO. PASAL 45A AYAT (2) UU ITE TERHADAP TINDAK PIDANA YANG DITUJUKAN KEPADA GOLONGAN ATAU ANTARGOLONGAN

Page range: 68-77

Abstract

Hate speech against the Indonesian Doctors Association (IDI) as an organization has been decided through Decision Number 828/Pid.Sus/2020/Pn.Dps, in which the panel of judges included IDI in the intergroup category as regulated in Article 28 paragraph (2) of the Law. ITE. However, the meaning between groups has a very broad meaning, causing legal uncertainty. The research method used is a normative juridical research method with a statute approach and a case study approach. The author analyzes and describes how the inter-group concept arrangements contained in Article 28 paragraph (2) of the ITE Law and how the judges consider in applying Article 28 paragraph (2) of the ITE Law in Decision Number 828/Pid.Sus/2020/Pn.Dps The results obtained by the author from this study include: (1) the groups contained in Article 28 paragraph (2) of the ITE Law and Article 45A paragraph (2) of the ITE Law contain the meaning of protecting entities that are not included in the scope of ethnicity, religion, and race (2) The judge's legal considerations in applying Article 28 Paragraph (2) in conjunction with Article 45a Paragraph (2) of the ITE Law are in accordance with the elements contained in the article and are in accordance with the Constitutional Court Decision Number 76/PUU-XV/ 2017

access type Open Access

SIFAT PUTUSAN FINAL DAN MENGIKAT DEWAN KEHORMATAN PENYELENGGARA PEMILU

Page range: 78-87

Abstract

DKPP through Decision Number: 317-PKE-DKPP/X/2019 dismissed Evi Novida Ginting Manik as a Member of KPU RI. President Joko Widodo then issued Presidential Decree No. 34/P of 2020 dismissing Evi Novida Ginting disrespectfully as of March 23, 2020. Evi Novida Ginting fought back by suing the Presidential Decree to the Jakarta State Administrative Court (PTUN). Jakarta PTUN Decision Number: 82/G/2020/PTUN-JKT "grants for all" of Evi's lawsuit. The purpose of the research is to find out how the status, authority and position of the DKPP according to the applicable laws and regulations and find out whether the DKPP has the authority to dismiss the KPU Commissioner through its ethical judicial mechanism and know the nature of the DKPP ruling and its legal relationship with the Presidential Decree. This research uses descriptive qualitative analysis methods with case study and normative juridical approaches as well as other types of descriptive analysis research. Data collection techniques use literature studies. Data analysis uses qualitative. The results showed that the final and binding DKPP decision does not include decisions issued by judicial bodies, but rather entered into decisions issued by state administrative bodies or officials. The position of the DKPP as a judicial quasi institution for election organizers is not under the power of the judiciary as the constitutional court decree No. 115 / PHPU. D-XI/2013.

access type Open Access

PERLINDUNGAN HUKUM TERHADAP DATA PRIBADI PENGGUNA APLIKASI PENYEDIA JASA LAYANAN PUBLIK PEDULILINDUNGI

Page range: 88-98

Abstract

In the midst of the current Covid-19 pandemic, all countries including Indonesia are looking for many efforts to suppress the spread of the COVID-19 virus, one of the efforts that have been made by the Government of Indonesia is to create the PeduliLindung application. In the PeduliLindung application, the public will be asked for data in the form of Full Name, Population Identification Number (NIK), and Telephone Number. The PeduliLindungi application can be used if the public has provided their personal data. The PeduliLindung application will provide facilities in the form of providing online certificates and application users will be given information regarding the locations they want to visit to avoid crowds so that the spread of COVID-19 can be minimized. However, behind the convenience provided by the government through the PeduliLindung application, this has not been able to guarantee the security of the public's personal data when using the PeduliLindugi application. The research method that the author uses is a normative juridical research with a statutory approach. In research using this method, the authors analyze the legal protection for public personal data when using the PeduliLindungi public service provider application and what the legal liability of service providers will be if the public's personal data is leaked. The results of the research that the authors obtained in conducting the research are that the Legal Protection of PeduliLindung application users in this case regarding the public's Personal Data can be reviewed based on the Agreement (Terms and Conditions contained in the application) and based on the provisions of the legislation in force in Indonesia. In the event that the PeduliLindugi public service provider fails to ensure the security of the public's personal data, the responsibility of the service provider can be reviewed from the Consumer Protection Law, PP PSTE, Permenkominfo, ITE Law and the law on Public Services

access type Open Access

PERLINDUNGAN HUKUM INFORMASI DATA PRIBADI DALAM KEGIATAN PINJAMAN ONLINE BAGI MASYARAKAT

Page range: 99-114

Abstract

Peer to Peer Lending is a loan agreement that is wholly or partly born with the help and facilities on a computer network that is connected to each other and the agreement is set forth in electronic documents and other electronic media. The implementation of peer to peer lending that are not in accordance with the provisions will cause losses to the community, especially because of the presence of personal data information. This study uses a normative juridical writing methodology, namely research conducted by examining library materials or secondary data. In this case based on laws, books, research results, doctrines, newspapers related to topics related to this writing. The protection of personal data information in peer to peer lending activities is very important given by the government because personal data information is a personal right that is guaranteed to be confidential. Existing regulations regarding the protection of personal data information in peer to peer lending still have limitations in law enforcement. Therefore, binding legal rules and strict sanctions are needed that can provide a deterrent effect for the perpetrators. In this case, it is necessary to form a special institution that handles legal protection so that the protection and management of personal data information in Indonesia can run well. With good legal protection, personal data information will provide a sense of security and comfort for people who carry out economic activities in Indonesia.

access type Open Access

TINJAUAN YURIDIS TERHADAP DOKTER DENGAN PASIEN KECANTIKAN KULIT TANPA MENGGUNAKAN INFORMED CONSENT

Page range: 115-126

Abstract

The importance of informed consent to the  patient  should be used for medical purposes to be aware  of the presence of other  diseases or not before any medical action is chosen. The formula of the problem in this study is how do the regulations  governing  the actions of doctors  in patient care and how are the treatment actions that do not use  informed consent. The research method used is normative juridical, using secondary data in the form of legal materials consisting of primary, secondary and tertiary legal materials.Based on the resultsxof the study and the author's analysis that medical actions taken by doctors toxpatients should be guided by informed consent. Because in law No. 29 of 2004 on The Practice of Medicine, Decree No. 290 / Menkes / Per / III / 2008 Concerning The Approval of Medical Action, Decree No. 1419 / Men.Kes / Per / X / 2005 on the Implementation of Medical Practice, Law No. 36 of 2009 on Health is clearly said that any Medical Or Dentistry Action to be performed by a doctor or dentist against the patient must be approved.

access type Open Access

ANALISIS TINDAKAN ABORSI ATAS KEHAMILAN AKIBAT PERKOSAAN MENURUT PERSPEKTIF PERLINDUNGAN HUKUM

Page range: 127-140

Abstract

Abortion is an act of forcibly removing a fetus which is prohibited in Indonesian laws and regulations, but there are exceptions if the abortion is carried out because of a pregnancy due to being raped. The permissibility of abortion for pregnancy due to rape has caused debate in the community because it is considered not to respect the early life of humans. The research methodology used by the author is normative legal research. This methodology is examining or reviewing laws that are conceptualized as applicable norms or rules by using literature studies in the form of legal books, legislation, research results such as journals, theses, dissertations, legal expert opinions, newspapers and things that related to the subject matter studied. Abortion for pregnancy due to rape is permitted because of the psychological trauma experienced by the victim. Legal protection for rape victims is realized through supervision in the form of pre-action counseling. Rape victims can refuse and get counselour during the pregnancy process so that the rights of the child they are carrying can be fulfilled. The existence of training and licensing for abortion services is a form of legal protection for doctors. The strict procedures for abortion for pregnancy due to rape limit the actions of rape victims and doctors, if they are caught violating the law, the legal impact received is in the form of criminal sanctions. The imposition of sanctions must consider various factors. Therefore, the purpose of sentencing is not only to provide suffering and a deterrent effect, but also to acknowledge the existence of conditions that can alleviate sentencing.

access type Open Access

KEDUDUKAN UNDANG-UNDANG NOMOR 40 TAHUN 1999 TENTANG PERS TERHADAP SEORANG PERS YANG MELAKUKAN TINDAK PIDANA PENCEMARAN NAMA BAIK

Page range: 141-151

Abstract

Legislation regarding the press has been regulated in Law no. 40 of 1999. The Law on the Press regulates all activities, works and forms of accountability of the press. The purpose of this research is to find out the position of the press law, and to find out how the press is held accountable. This study uses a normative juridical writing methodology, namely research conducted by examining library materials or secondary data. In this case, based on laws, books, research results, doctrines, related newspapers related to this writing. The Press Law in its position can be linked as a public law because the Press Law is in accordance with the characteristics of public law. This paper shows whether the existence of a press law can be an exception to the liability of press crimes. The Press Law regulates the functions, roles, rights, obligations as well as how the responsibility for criminal acts is carried out by press activities. In this way, criminal liability is also regulated in the KHUP, so that in the form of accountability for criminal acts the press can be divided into editors, companies, as well as publishers and printers.

access type Open Access

TINDAK KEKERASAN ANAK MENGAKIBATKAN LUKA BERAT BERDASARKAN UU PERLINDUNGAN ANAK PUTUSAN 404/2020

Page range: 152-163

Abstract

This purpose is to find out and analyze the regulations on child protection as acts of violence that result in serious injuries based on Law 35 of 2014. The research method used in this study is a normative juridical law research method with a law approach and a case approach. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. Data analysis used qualitative analysis. The research method used in this research is a normative juridical legal research method with the law approach and case approach. The data used are secondary data consisting of primary, secondary, and tertiary legal materials. Data analysis used qualitative analysis. The results of the research from the case No.404/Pid.sus/2020/PN Jap, it turns out that from the results of the study, physical violence against children that resulted in serious injuries has been legally proven guilty wherein the judge decided that the defendant was obliged to pay court fees of 5000.00 (five thousand rupiah).

access type Open Access

TINJAUAN YURIDIS OPTIMALISASI FUNGSI PENGAWASAN DPRD TERHADAP KEBIJAKAN GUBERNUR DKI JAKARTA

Page range: 164-178

Abstract

This study analyzes the optimization of the implementation of the Rights of the DKI Jakarta of House Representative Council (DPRD) in terms of carrying out the supervisory function of every policy of DKI Jakarta's Governor. This research is normative juridical research, namely by approaching the legislation, secondary legal materials in the form of interviews with members of the DKI Jakarta of House Representative Council, books, and journals. And qualitatively processed. As for the results of the research on the formulation of the first problem, in the implementation of the rights of the DKI Jakarta of house representative council to carry out the supervisory function of the DKI Jakarta governor, it was found that there was a difference in political views between the factions, thus hampering a regulation or provision in the implementation of the supervisory function of the DKI Jakarta of house representative council. The regulatory barrier in question is the requirement for a quorum formulation to propose and make a decision. The result of the second study is that there is no striet sanction if the regional oh house representative council does not carry out its functions properly. In general, if every faction in the DKI Jakarta of House Representative Council has the same think on a policy issued by the governor, then the supervisory function should be able to run optimally. And if the regional people's representative councils do not carry out their supervisory functions properly, there should be strict sanctions in the legislation.

access type Open Access

PERANAN PEMBIMBING KEMASYARAKATAN BALAI PEMASYARAKATAN DALAM SISTEM PERADILAN PIDANA ANAK (SPPA)

Page range: 179-189

Abstract

Children in Conflict with the Law Children in conflict with the law are children who are 12 years old but not yet 18 years old who are suspected of committing a crime. The parties involved in the juvenile criminal justice process are Investigators, Public Prosecutors, Judges, and Community Counselors. Correctional center, hereinafter referred to as BAPAS, is a correctional technical implementation unit under the Directorate General of Corrections, Ministry of Law and Human Rights of the Republic of Indonesia which carries out the duties and functions of community research (litmas), guidance, supervision and assistance. Correctional center, hereinafter referred to as BAPAS, is a correctional technical implementation unit under the Directorate General of Corrections, Ministry of Law and Human Rights of the Republic of Indonesia which carries out the duties and functions of community research (litmas), guidance, supervision and assistance..

access type Open Access

PENERAPAN ASAS IN ABSENTIA TERHADAP KASUS KORUPSI

Page range: 190-201

Abstract

The identified legal issue in this case is that, despite various efforts, the defendant could not be located within the jurisdiction of the Republic of Indonesia. A notable clause appears in the excerpt of the decision: "If the replacement money is not paid, the defendant's assets shall be seized and auctioned by the Prosecutor to cover the said amount. If the defendant does not have sufficient assets, a subsidiary imprisonment of two (2) years shall be imposed." This clause is particularly significant in the context of the application of the in absentia principle. Pursuant to Article 38 paragraphs (1) and (3) of Law Number 31 of 1999, in the event that a defendant has been lawfully summoned but fails to appear in court without valid justification, the case may be examined and adjudicated in their absence. Furthermore, the elucidation of Article 38(1) of Law No. 31/1999 highlights the phenomenon of the defendant's absence in trial proceedings due to having fled. The application of in absentia proceedings is faced with the fundamental principle that the presence of the defendant in a criminal trial serves to ensure legal certainty regarding the possibility of recovering state losses.

access type Open Access

PERLINDUNGAN HUKUM BAGI INVESTOR DALAM MEMANFAATKAN TANAH ULAYAT DI PAPUA

Page range: 202-212

Abstract

Papua has great natural resources, making it investors interested in making efforts or investing in Papua. The problem of ulayat land in Papua is very complicated if it is possible that the conflict and claim of the land of the Ulayat land. The demands of indigenous pigs trigger the occurrence of conflict, so that will eventually win one of the tribes from the customary law community. This will make other customary laws to want the same compensation and make the tribe that will make a claim. The customary law community argues that with the admissions of existence of customary land, then other parties such as investors can get the right to the right of the customary land, when it has been made by the customary. In relation to that the need for legal protection against investors in obtaining rights of land in Papua, especially the ulayat land. The method of research that the author applied in the pharmacity of this study is the normative juridis, namely legal research that prioritizes secondary data, namely data obtained from library materials related to the topic studied in the form of books and Law Number 5 of 1960 on the basic regulations of the agricultural points. As well as this research is done by applying legislation, sociological approach, concept approach. The results of this research the show is that the agrarian principal law has been enacted in Papua, but the transition of land is more accommodated through customary transition. The customary land transition can be given the ease of ensuring legal protection for investors when it is done in accordance with the tradition of Papuan law, as the majority of Papuan land of people still holds the principle that customary law is applicable in Papua. Indulge of Induasi namely Pindasus Number 23 of 2008 concerning the right to UKPAIN customary law and individual rights of citizens of customary laws on the land. The recognition of the ultimate rights in this peripulate uses the national legal logic that is sourced from the government based on determination.

access type Open Access

PENYELESAIAN SENGKETA EKSPOR BIJIH NIKEL INDONESIA DENGAN UNI EROPA DALAM HUKUM PERDAGANGAN INTERNASIONAL

Page range: 213-225
access type Open Access

REALISASI CORPORATE SOCIAL RESPONSIBILITY DALAM PERSPEKTIF HUKUM LINGKUNGAN

Page range: 226-240

Abstract

In general, Corporate Social Responsibility is only held out by companies that work in the field of natural resources and tends to be mandatory. However, there is no regulation related to CV in the Limited Liability Law, considering that CV is a part of non-legal entity. Based on the description above, the lies behind applying corporate social responsibility towards CV XXX XXXXX XXXXX in the perspective of Environmental Law and how the judges of the Lubuk Sikaping District Court considered their judgments through the case Number XX/Pdt.G/XXXX/PN XXX. The research method used a normative juridical research, which is research that uses a method of examining library materials or library sources in the form of written legal norms and applicable positive law. The analysis was based on the statue approach used to discover the entire legal regulation on environmental pollution in particular in Indonesia. Thereafter, the author used the concept approach and the case approach. The results of the study indicate that non-legal entities such as CV, are recommended to implement the Corporate Social Responsibility programs since the CV own a business in the field of natural resources and should be issued several significant documents, such as AMDAL, UKL-UPL, and SPPL, right before applying for the Mining Business Permit (IUP) to the Minister of Energy and Mineral Resources, the Governor, or the Regent/Mayor where the mining area is located based on the application they submitted, in addition to minimizing unwanted events related to the environment around the mining area.

access type Open Access

PERLINDUNGAN HUKUM BAGI PEMILIK MEREK TERKENAL DITINJAU DARI UNDANG-UNDANG NOMOR 20 TAHUN 2016

Page range: 241-253

Abstract

The prominence of a brand can trigger acts of brand violations both on a national and international scale. The use of brands especially well-known marks without the permission of the brand owner is very detrimental to the actual registered brand owner. At this time many products or counterfeit goods are used and circulating in the market to gain economic benefits, even these products boldly record some aspects that have similarities such as visuals, shapes, colors, names and even logos of the original brand. So that the main problem in this thesis is the equation basically to the brand in toothpaste between XXXX and PT. XXXX. resulted in a loss to one of the parties. Therefore, the need for Legal Protection for Owners of Famous Brands Related to Equality Is Basically Reviewed From the Law of the Republic of Indonesia Number 20 of 2016. The research method used by the author in the preparation of this study is a type of normative legal research, namely legal research that prioritizes secondary data, namely data obtained from library materials related to the topics studied in the form of books and Law No. 20 of 2016 on Brands and Geographical Indications. And this research is conducted by reviewing the contents of the Supreme Court Decision No. XXX K / Pdt. Sus-HKI / 2021. The results of this thesis show that the legal protection of the brand is given to the owner of the brand that has been registered first automatically in the Directorate General of Intellectual Property Rights as in accordance with the brand registration system embraced in Indonesia, namely the first to file system.

access type Open Access

PENYELESAIAN SENGKETA MEREK PURE KIDS DENGAN MEREK PURE BABY

Page range: 254-268

Abstract

Registration of a trademark serves to distinguish goods and services produced by one company from another. By registering a trademark, entrepreneurs get a legal protection. The function of registering a trademark is to avoid imitation by other parties. Even though it has been registered, there are still many trademark disputes that occur. The problems discussed in this thesis are how to protect brands in Indonesia, how to resolve brand disputes such as the case between the Pure Kids brand and the Pure Baby brand. The method used in writing this thesis is normative legal research (juridical normative), namely legal research that refers to legal norms contained in laws and regulations, books, legal journals, and electronic/internet media. Registered marks have legal protection for 10 years in accordance with Article 35 paragraph (1) of Law Number 20 of 2016. Marks that have been registered with the Director General of Intellectual Property Rights that are proven to be plagiarizing or imitating previous marks are subject to sanctions for deletion and cancellation of trademark registration in accordance with Articles 76 to with Article 79 of Law Number 20 of 2016. Article 21 paragraph (1) of Law Number 20 of 2016 provides an understanding of the similarity of marks in essence, is the resemblance caused by the existence of a dominant element between one Mark and another, so that it creates the impression there are similarities in terms of form, between elements, as well as similarities in the sound of speech contained in the brand. Settlement of trademark disputes can be carried out in two ways, namely, by filing a lawsuit to the Commercial Court (Article 83 of Law Number 20 of 2016) and resolving disputes through arbitration or alternative dispute resolution. In accordance with the dispute case between the Pure Kids Brand and the Pure Baby Brand, the dispute resolution is carried out by filing a lawsuit to the Commercial Court. After being examined by the Panel of Judges, there are similarities in essence, namely, the similarity of the sound of pronunciation, the similarity of the types of goods sold and traded

access type Open Access

PERTANGGUNGJAWABAN PIDANA KURATOR YANG MELAKUKAN PENGGELAPAN DALAM PENGURUSAN DAN PEMBERESAN HARTA PAILIT

Page range: 269-283

Abstract

Bankruptcy is a general confiscation of all assets of a bankrupt debtor whose management and settlement is carried out by the curator under the supervision of a supervisory judge, (Article 1 paragraph 1 of Law No. 37 of 2004) Bankruptcy regulations are made and issued because the assets of the debtor are not sufficient to be distributed to creditors as a result of the seizure of bankruptcy assets. With the aim that to protect creditors from obtaining their rights in bankruptcy, to provide opportunities for debtors and creditors to negotiate and make mutual agreements or even provide protection to creditors and debtors for errors or omissions from the curator in the bankruptcy estate. The purpose and objective of writing this thesis is to find out the responsibilities of a curator who made mistakes or omissions in the management and settlement of bankrupt assets and also to find out the extent of legal protection for debtors and creditors against actions taken by the curator. The research method used is a normative juridical research with a statutory approach and uses a decision study where the author analyzes the position of debtors and or creditors who file a bankruptcy application and have legal standing as an applicant for bankruptcy to companies, both private and state-owned companies.

access type Open Access

PENEGAKAN HUKUM DAN PERTANGGUNGJAWABAN PIDANA TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA PENCABULAN

Page range: 284-293

Abstract

The crime of obscenity is one of the crimes in the sexual field that is very disturbing to the community, this is also contrary to the Government's goal to create a safe, peaceful and prosperous society. Therefore, the authors are interested in conducting research to find out how law enforcement and criminal responsibility of children against children as perpetrators of criminal acts of sexual abuse are based on the Decision of the East Jakarta District Court Number 18/Pid.Sus- Anak/2020/Pn.Jkt.Tim. So specifically that regulates law enforcement and accountability for criminal acts of sexual harassment against minors, there are regulations that regulate it apart from the Criminal Code (KUHP), namely Law Number 35 of 2014 concerning Child Protection and Law Number 11 of 2012 concerning the Juvenile Criminal Justice System. The formulation of the problem in this thesis is about law enforcement and criminal responsibility for children as perpetrators of criminal acts of obscenity. The author uses two theories, namely Law Enforcement Theory and Responsibility Theory. Using normative legal research methods. Legal materials are sourced from primary data and secondary data.

access type Open Access

PERLINDUNGAN HUKUM TERHADAP PEKERJA WAKTU TERTENTU ATAS PEMUTUSAN HUBUNGAN KERJA KARENA ALASAN MANGKIR

Page range: 294-304

Abstract

One of the causes of termination of employment is the occurrence of work violations committed by workers / laborers or vice versa a company that is experiencing bankruptcy so that it must terminate the employment relationship (PHK) of its workers. The problem in this thesis is how is the legal protection for certain time workers who are terminated (PHK) for reasons of absenteeism? And how is the application of justice for workers who are terminated (PHK) for reasons of absenteeism related to the Central Jakarta District Court Decision Number 370/Pdt.Sus-PHI/2020/PN.Jkt.Pst?. This research uses normative legal research. This research was conducted or aimed only at written regulations or other legal materials. The legal materials used are primary legal materials and secondary legal materials. To obtain complete and accountable data, in normative legal research, data collection is carried out by library research. The legal materials that have been collected according to the formulation of the problem and the research theme are analyzed by referring to the qualitative analysis method. Legal protection aims to protect people who feel they have been harmed. If the worker is dismissed for reasons of absenteeism for more than 5 (five) consecutive days and the reason is correct because the worker has not been to work for more than 5 (five) consecutive days, then the worker is at fault because he has violated the laws and regulations. The action taken by the Defendant is to make the Plaintiff responsible for his actions so that no one imitates his actions.