Proceeding International Conference Restructuring and Transforming Law

Promotion (Study of Legal Protection for E-commerce Consumers)

Hasti Rifah Insani, Kelik Wardiono — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to describe the various forms of promotions conducted by businesses and the legal protection available for e-commerce consumers. Promostion is a method employed by companies or businesses to provide direct or e-commerce-based product information to consumers with the aim of making consumers interested the products. E-commerce involves the buying, selling dan marketing of goods or services through electronic media. Based on the discussions conducted, it’s known that forms of promotion include advertisting, personal selling, publicity, public relations and sales promotion. It’s also known that there are still some promotions that don’t have legal protection due to the lack of Indonesian language labelling, provision of false information, pricing discrepancies and fraudulenr elements.

The Effectiveness of The Function of The Industrial Office in Organizing The Expansion of Job Opportunities in Sukoharjo District

Adnan Syahrisal Dewanto, Labib Muttaqin — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to examine the concept of expanding job opportunities in Sukoharjo Regent Regulation No. 6 of 2017 and the effectiveness of the Sukoharjo Regency Industry and Manpower Service in implementing job expansion. It is hoped that this will be useful in providing insight and knowledge regarding the problem of workforce expansion that is occurring in Sukoharjo Regency and how the efforts of the Sukoharjo Regency Industry and Manpower Service to overcome the problem of workforce expansion. Research Results: The Concept of Expanding Job Opportunities in Sukoharjo Regent Regulation No. 67 of 2017 is an effort by the Regional Government and Community Institutions to create new jobs and develop available jobs. The aim is to create and develop productive and sustainable work opportunities by utilizing the potential of natural resources, human resources, community institutions, as well as appropriate technology. The effectiveness of the Sukoharjo Regency Industry and Manpower Service regarding Job Expansion has carried out its obligations well and effectively by making various regulations and policies. which is proven to have a positive impact on people who need work by opening opportunities for job expansion because regardless of special criteria, anyone can and deserves to get a job according to their wishes and all people have the right to live by doing their own work.

Juridical Review of Trademark Disputes in Indonesia: Case Study Ruling No. 92 K/PDT.SUS-HKI/2017 Trademarks between HUGO BOSS And HUGO

F Fatmawati — Mon, 18 Mar 2024 00:00:00 +0700

Most people in Indonesia pay relatively high nominal prices for well-known brands. Situations like this provide an opportunity for unscrupulous businesses to approve the use of a recognizable brand. It is very detrimental for the original owners of well-known foreign brands to infringe their IPRs and thereby reduce their income from the sale of goods or services. Owners must register their trademarks to protect them legally. The problems in this research will be discussed using doctrinal method analysis. The purpose of this research is to determine the position of the owner of the Hugo Boss and Hugo trademarks in terms of Indonesian law and to determine the legal consequences following the Commercial Court decision no. 92 K/PDT.SUS-HKI/2017. Hugo's position is in accordance with Article 21 Paragraphs 1, 2 and 3 of Law Number 20 of 2016 concerning Marks and Geographical Indications. The legal consequences include granting the cassation petition submitted by the cassation plaintiff, HUGO BOSS TRADE MARK MANAGEMENT GMBH & CO. the KGs, and cancel the decision of the Commercial Court at the Central Jakarta District Court Number 30/Pdt.Sus.Merek/2016/PN Niaga on October 3 2016, in Jakarta PST.

Assistance in Online Sexual Violence Cases for Women at SPEK-HAM Solo

Denny Hartanto, Marisa Kurnianingsih, Yoesoef Moestofa — Mon, 18 Mar 2024 00:00:00 +0700

The purpose of this writing is to find out how to assist and what obstacles there are when assisting victims of online sexual violence at SPEK HAM Solo.It is hoped that this research can increase awareness of victims of violence to report perpetrators to the authorities and provide a deterrent effect for perpetrators so that they do not misuse the internet as a medium for sexual violence against women.Violence against women is a very serious and concerning problem in society. Violence can be physical, sexual, emotional, economic, and so on.This research uses empirical legal research methods or field research to collect empirical data directly from the field. This research is juridical-empirical and field type, where the author conducts research directly at the location to collect data. This research is a type of empirical research because it describes in detail and in depth a situation or phenomenon of the research object by developing concepts and collecting existing data. Data analysis in this research uses qualitative methods by collecting, grouping and selecting data from field studies and literature studies. Data is processed and compiled to draw conclusions in accordance with regulations, theories, principles and legal rules.Online sexual violence experienced by women in the city of Solo is a complex problem.

Partnership Agreement: Study of Liquid Organic Fertilizer Processing on CV. Guna Daya Persada

Kelik Wardiono, Faiq Muhammad Rafi — Mon, 18 Mar 2024 00:00:00 +0700

The contract contains rights and settles the obligations of the parties. One side performs its obligations and has the right to get its rights, and vice versa. However, sometimes there are parties who do not carry out their achievements based on the agreement and make other parties feel disadvantaged. In civil law, a wish that is flawed or unfulfilled is called default or breach of contract. default is a term which means broken promise, found in book III BW. The purpose of the research is to describe the legal contract construction of CV. Guna Daya Persada and describes the legal protection of the parties in the agreement between CV. Guna Daya Persada with Mr. Ismail. The research method used is the normative approach method, namely the approach with the main source being a provision of the law and secondary data, namely the partnership cooperation agreement between CV. Guna Daya Persada with Mr. Ismail. The legal construction of the partnership cooperation agreement between CV. Guna Daya Persada with Mr. Ismail is a sui generis agreement or a mixed agreement between a work contract agreement and a sale and purchase agreement because the main rights and obligations in the agreement are in accordance with Article 1601 letter (b), Articles 1606, 1608 and 1457 of the Civil Code and there is legal protection in in terms of the obligation of the contractor to provide liquid organic fertilizer seeds to the contractor and pay for the work or processing of the contractor and the contractor's obligation to work on or process liquid organic fertilizer seeds that have been provided by the contractor to the fullest and best and hand over the processed products to the buying party. This is in line with Article 1601 letter (b), Article 1606 and Article 1457 of the Civil Code.

Potential for Legalization of Marijuana According to Islamic Law in The Study of The Rules of Fathu Dzariah wa Saddu Dzariah

Ade Nur Rizal Lul Huda, M. Junaidi, Indah Maulani — Mon, 18 Mar 2024 00:00:00 +0700

Determining the illegalization of marijuana in Indonesia always reaps many pros and cons in society. Law Number 35 of 2009 concerning Narcotics is the main basis for prohibiting marijuana plants for medical purposes, even though some treatments require the Thetrahydrocannabinol or THC-9 content of marijuana plants. Various attempts to release marijuana from Category I narcotics have occurred many times, both through literature from the marijuana research community, and even PUU before the Constitutional Court. The Ministry of Health has repeatedly issued regulations regarding the classification of Narcotics, but Marijuana is still in Class I Narcotics. In Islamic law, Marijuana is legal in jurisprudence in qiyas by several fiqh scholars with Khamr because it has similarities in the consequences of its use, namely loss of mind, even though The origin and substances contained are different. But there are several scholars who do not agree with this qiyas, this is based on Khamr which has no benefits at all while Ganja still has benefits in it, moreover, no Nash clearly mentions the prohibition of Marijuana in Islam. This research was conducted using the Normative Juridical research method, so this research will focus on the legislative approach, conceptual approach, approach to Islamic law and analysis of the rules of Usul Fiqh. The final aim is to state whether marijuana is worthy of being legalized in Indonesia in the study of the fiqh proposals of Fathu Dzariah and Saddu Dzariah's rules.

Muhammadiyah Klaten Regional Leadership Wakaf Management Reviewed from Law Number 41 of 2004 Concerning Wakaf

Balqis Hawwa Fauziyah — Mon, 18 Mar 2024 00:00:00 +0700

A form of worship that aims to get closer to Allah SWT by linking material possessions is waqf. Islam places the practice of waqf as a very beneficial form of worship. This research is empirical juridical research, which means the research was carried out by going directly into the field or obtaining data from the field. The Klaten Muhammadiyah Regional Leadership has a characteristic, namely nazhir which is found in the Klaten Muhammadiyah Regional Leadership in the form of a legal entity, namely a Persyarikatan, because the Muhammadiyah Association cannot carry out its duties directly, the Muhammadiyah Association gives delegation or delegation of authority to someone within the Muhammadiyah Association to become a Nazir. The management of waqf assets in the Klaten Muhammadiyah Regional Leadership is managed professionally in accordance with Islamic regulations and rules, the large amount of waqf assets makes waqf management in the Klaten Muhammadiyah Regional Leadership have a special characteristic, namely Persyarikatan.

Implementation of Law No. 23 of 2011 Concerning Zakat Management in LAZISMU and LAZISNU Surakarta

Sekar Ingtyas Garnis Waninghyun Sejati, M. Junaidi, Mutimatun Niami — Mon, 18 Mar 2024 00:00:00 +0700

Quality zakat management institutions should be able to manage existing zakat effectively and efficiently, such as LAZISMU and LAZISNU Surakarta as Amil Zakat Institutions that collect and distribute zakat, infaq and shodaqoh. The problem formulation in this research is how to manage and supervise the collection of funds at LAZISMU and LAZISNU Surakarta and how to manage and supervise the distribution of zakat at LAZISMU and LAZISNU Surakarta. So this research aims to describe the management and supervision of zakat carried out at LAZISMU and LAZISNU in Surakarta. The method used is the empirical juridical method using interview techniques and literature study. The results of this research are that various types of collection and distribution are carried out by LAZISMU and LAZISNU Surakarta with their respective Flagship Programs, and there is a supervisory body that carries out supervisory functions over the collection and distribution of zakat, infaq and shodaqoh from external, namely the Ministry of Religion and from Internal in accordance with respective Islamic Community Organizations.

Analysis of Judges' Considerations in Determining Child Support after Divorce (Study of Judge's Decision Number 0233/Pdt.G/2017/MS-MBO)

Muhammad Adipa Ghaza Al Azmi, M. Junaidi, Tomás Mateo Ramon — Mon, 18 Mar 2024 00:00:00 +0700

A child's livelihood is everything a child needs to grow and develop, for example food, clothing and shelter. The responsibility for child support lies with the parents. However, in the case of divorce, the father is still responsible for the child's life even though the child is being raised by the mother. The child's income level does not determine the minimum or maximum gross income that must be adjusted to the father's economic strength. If the father cannot really provide for the child's needs, the responsibility for the child's expenses lies with the mother. Judge's decision no. 0233/Pdt.G/2017/MS_MBO shows that the panel of judges reduced the nominal amount of child support requested by the defendant from the plaintiff. The child's expenses were initially claimed to be IDR 1,600,000, - set by the jury at only IDR 600,000, - with an additional 20% per year, the child's income will be reduced compared to the IDR originally requested. Therefore, this article will be serious about the basis of the judge's intention to reduce the amount of child support and how the child's income is determined according to Islamic law. The research methods used are field research and library research. The results of the study explain that the main basis for the judge's consideration was to reduce the child's income by the amount required due to the father's inability to pay for it. Second, the determination of child support in the decision is in accordance with Islamic law because the rules of Islamic law explain that the implementation of child support by the father must be in accordance with the father's financial capabilities.

Analysis of the Employment Law Policy for Foreigners in Indonesia in the Job Creation Law Viewed from an Islamic Law Perspective, Fathu Dzariah Wa Saddu Dzariah Rules

Benanda Bunga Natasha, M. Junaidi — Mon, 18 Mar 2024 00:00:00 +0700

On January 22 2020 the DPR RI inaugurated the Draft Law (RUU) which included the Job Creation Bill. The inauguration of the Job Creation Bill under the leadership of President Joko Widodo aims to provide investment breakthroughs in the economic sector in Indonesia, so that it can compete with other countries. But it is very unfortunate that the steps and goals that were expected to bring progress and goodness to the Indonesian state have instead become a frightening specter among Indonesian society. The specter in question is the contents of the Omnibus Law in the Job Creation Law which provides freedom and ease for foreign workers to enter Indonesia. Meanwhile, on the other hand, there are laws which are felt to have overlapping roles, namely between Presidential Decree Number 20 of 2018 and Law Number 13 of 2003 relating to the obligation for foreign workers entering Indonesia to have written permission from the Minister or appointed official who ratifies it. According to the background of the problem above, there is a fundamental problem that will be discussed, namely how is the analysis of the Job Creation Law regarding foreign employment in Indonesia viewed from the perspective of Islamic law using the rules of Fathu Dzariah wa Saddu Dzariah? With a phenomenon like the one above, Islamic Law provides confirmation that the policy implemented by the government regarding the new regulations governing foreign workers to enter Indonesia more easily is something that causes harm even though it has a good aim for the Indonesian economy, but The bad impacts it causes are more than the good impacts on society.

Juridical Review of Trademark Disputes in Indonesia: Case Study of the Trademark "Buddha To Buddha Bv" in Supreme Court Decision Number 1014k/Pdt.Sus-HKI/2016

Mia Novita Sari, Taufiq Nugroho — Mon, 18 Mar 2024 00:00:00 +0700

Brands play an important role in the business world, which is related to the rapid growth of the trade sector and even unites the business world as a single market. Even so, what happened in this area was not as anticipated by Law no. 15 of 2001 which has been modified into Law no. 20 of 2016 No. 3, namely that there are still many violations and disputes found. This writing applies a normative juridical approach. The type of research used is descriptive research. The data used is secondary data in the form of primary legal data, secondary legal data and tertiary legal data. The results of this research are that Utami Silver violates Article 76 and can be charged under Article 91 of the Trademark Law no. 15 of 2001 because Utami Silver markets jewelry with similar products. Through Buddha to Buddha By.

Juridical Review of Legal Protection for Registered Trademark Rights Owners: Case Study Decision Number 242 K/Pdt.Sus-HKI/2022

Fahmi Fairuzzaman, Safwah Adea Nugrahani — Mon, 18 Mar 2024 00:00:00 +0700

Brand disputes are a matter that still frequently occurs in Indonesia. As in the case of the ARRA + LUKISAN brand and the COCO ARRA brand. ARRA + LUKISAN filed a lawsuit at the Commercial Court because its brand had been imitated and was substantially similar. The formulation of the problem in this research is the first to file principle in terms of the MIG Law and legal protection for first to file data collectors in the case of Decision Number 242 K/Pdt.Sus-HKI/2022. The method applied is normative juridical. The results of research regarding the first to file principle in the MIG Law are that it provides legal protection for the first registrant. Furthermore, regarding legal protection for the first trademark registrant in the case of Decision Number 242 K/Pdt.Sus-HKI/2022, namely the ARRA + LUKISAN trademark, obtained through the results of a decision at the cassation stage which has permanent legal force, namely approving the cassation request by the Cassation Petitioner, canceling the Decision. Commercial Court at the Central Jakarta District Court Number 70/Pdt.Sus-HKI/Merek/2019/PN Niaga Jkt. Pst, then instructed the co-defendants to cancel the registration of the COCO ARRA mark.

Analysis of Legal Reasoning of Judge's Ruling Number 0124/PDT.P/2019/PA.SAL Concerning Pre-Marriage Pregnancy Marriage from An Islamic Legal Perspective

Muhammad Johansyah Maulana, M. Junaidi — Mon, 18 Mar 2024 00:00:00 +0700

Marriage age is the most crucial element in the household. The age limit for Indonesian citizens is principally intended so that anyone who marries has a mature mind, a mature soul and sufficient physical strength, so that the potential for marital breakdown which leads to divorce can be avoided because they have a mature understanding and awareness regarding the purpose of marriage. which focuses on aspects of inner and outer happiness. This research uses a type of normative legal research by examining regulatory aspects regarding the concept of implementing legal protection for marriage in Decision 0124/Pdt.p/2019/PA.Sal and Law Number 16 of 2019. The judge's reasons for granting marriage dispensation by the applicant are by considering the goodness or the benefit of the people, the benefit of the child being conceived by the bride who is currently 4 months pregnant. Granting the reason for marriage dispensation must be prioritized because it is feared that it will cause greater damage. These reasons are considered by the judge in granting the request for marriage dispensation in the Compilation of Islamic Law in Indonesia which is set out in Keppers No. 1 of 1991 and Decree of the Minister of Religion No. 154/1991 stipulates that a woman who becomes pregnant outside of marriage can only be married to the man who impregnated the woman. This kind of marriage can be carried out directly without waiting for the birth of the baby the woman is carrying and there is no need for remarriage (tajdidun nikah).

Analysis of The Supreme Court's Decision in Case No. 916/PDT.P/2022/PN.SBY in Granting The Application for Registration of Interfaith Marriages in The Perspective of Marriage Law No. 1 of 1974

Nugroho Putra Liyanto, M. Junaidi — Mon, 18 Mar 2024 00:00:00 +0700

Indonesia is a country with multi-religious citizens. The large variety of religions and beliefs held by Indonesians makes it possible for them to have heterosexual marriages. Marriage regulations in Indonesia are stated in Law No. 1 1974 concerning marriage. How the place of marriage between different religions in the law is still a matter of debate. There is an article that says that about marriage between different religions. The decision of the Supreme Court of the Republic of Indonesia regarding accepting the request for freedom from marriages of different religions. The Surabaya District Court is the entry point for the legal legitimacy of marriages of different religions in Indonesia. The purpose of this article is to review and analyze the Supreme Court's decision in issuing a request for registration of marriages between different religions at the Surabaya District Court, and examine the legal position of marriages between different religions in Law Number 1 of 1974 concerning Marriage and the Compilation of Islamic Law. Studying it is a normative study using legal methods in Indonesia. Based on the analysis of legal hardware, it is found that marriages of different religions according to Indonesian marriage law are prohibited and declared invalid.

The Role of BPOM in The Circulation of Traditional Medicine in Surakarta

Ulung Ajubah Tri Atmojo, Marisa Kurnianingsih, H Hartanto — Mon, 18 Mar 2024 00:00:00 +0700

The aim in question is what is the role of BPOM and what obstacles are faced in overcoming the circulation of traditional medicines. Many illegal traditional medicines are circulating, causing problems in Surakarta society. This research uses empirical juridical methods. This research produces what the main roles are in BPOM Surakarta and the community in educating about illegal traditional medicines that are widely circulating in the community and how to deal with this.

BPN's Role in Settlement of Compensation at Rail Bordering in The Joglo Area

Tony Rizky Herlambang, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to find out the role of BPN and the internal and external obstacles encountered in the process of providing compensation. Compensation or compensation is a principle where the sale and purchase of land will be fair if the compensation is the same as what would have been incurred without buying government land. This research uses an empirical juridical method, namely researching real events in society. It can be seen that the role of BPN is as an implementer in the process of providing compensation. The internal obstacles encountered were inherited land for which there was no inheritance certificate and collecting the identities of the heirs. External obstacles are about people who object to the amount of compensation which is considered not in accordance with the wishes of the community.

Analysis of Indonesian Labor Protection Policy from A Globalization Perspective

Mon, 18 Mar 2024 00:00:00 +0700

Globalization has had a significant impact on the world of work and also on labor protection. As foreign investment and exports and imports of goods and services increase, there is a need to protect the rights of workers from being exploited and treated unfairly. In Indonesia, labor protection policies have been regulated in law, but their implementation still faces several obstacles. Therefore, this research aims to analyze Indonesian labor protection policies from a globalization perspective, with a focus on policy implementation and comparison with labor protection policies in other countries. The method used in this research is qualitative with document analysis techniques and interviews with related sources. The data collected was then analyzed using a benchmarking approach to compare labor protection policies in Indonesia with other countries. The research results show that labor protection policies in Indonesia still have several weaknesses in their implementation. There are several factors that cause this, including a lack of awareness and education about labor rights, low levels of community involvement in the policy implementation process, and low sanctions for violations of labor rights. In addition, comparisons with other countries show that there are several policies that can be implemented in Indonesia to improve labor protection, such as minimum wage policies and health protection for workers.

Application of The Execution of Fiduciary Guarantees on Movable Objects to Defendant Creditors: (Analysis of Decision Number 70/Pdt.GS/2020/Pn Palembang)

Diana Setiawati, Enora Aulia Purbayang — Mon, 18 Mar 2024 00:00:00 +0700

In the difficult economic situation due to the Covid-19 outbreak, many people carry out credit transactions to meet their daily needs. In these credit transactions, many debtors are late in paying installments due to declining economic factors. The execution process often becomes a dispute, because the creditor has defaulted by not fulfilling his obligations and executing the fiduciary guarantee without showing the documents related to the guarantee. The research method applied is normative juridical, this type of research is descriptive qualitative which aims to describe and analyze various formal regulations in the context of fiduciary guarantees. The data source applied is data originating from the results of literature research relating to fiduciary guarantees. The data collection technique applied is a normative research method, namely by collecting various types of legal materials ranging from primary legal materials, secondary legal materials, to tertiary legal materials. The data analysis method applied is a qualitative method and is presented descriptively. The results of the research are contained in the conclusion which shows that Decision number 70/Pdt.GS/2020/PN.Plg which granted part of the plaintiff's demands shows that in the execution of fiduciary guarantees on movable objects against defaulting creditors, there are various types of violations committed by creditors against statutory regulations - valid invitation.The debtor's legal protection in this case is still relatively weak and detrimental to the plaintiff, because the sanctions imposed on creditors are still limited to administrative sanctions. Meanwhile, protection for creditors in this case is still relatively weak, because creditors only receive repressive legal protection.

Donation based Crowd Funding Reviewed from The Sadd Adz-Dzari'ah Perspective

Syaifuddin Zuhdi, Sarah Camila Octavian — Mon, 18 Mar 2024 00:00:00 +0700

Uncertainty regarding regulations regarding the implementation of donation-based crowdfunding in Indonesia has resulted in a weak supervisory function carried out by the Ministry of Social Affairs. so this creates the potential for misappropriation of funds, donation fraud, money laundering and other criminal acts. Sadd Dzari'ah as a method of preventing harm is used to weigh the level of harm in implementing donation based crowdfunding. The aim of this research is to find out what the concept of donation based crowdfunding is in Indonesia, and how the legal status of donation based crowdfunding is viewed from a sadd dzari'ah perspective. The research method used is normative, the type of research is descriptive qualitative, and the data collection method is a literature study of legal and non-legal materials regarding donation based crowdfunding obtained by reading, viewing, listening or searching. The result of this research is to prohibit the implementation of donation-based crowdfunding based on Sadd Dzari'ah's analysis that eliminating harm takes priority over taking benefits.

Enforcement of The Law against Children Performing The Crime of Baby Availment (Klaten Police Case Study)

Sekar Nur Hidayati, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to examine law enforcement against children who are perpetrators of the criminal act of baby dumping committed by the Klaten Resort Police. The act of baby dumping is an act carried out by someone who deliberately leaves a newborn child to be found by someone else with the intention of letting the child escape. his responsibility. In Diklaten there has been a case of baby dumping carried out by class III junior high school students. This research uses empirical juridical methods of a qualitative type with interviews conducted at the Klaten Police Station. Regarding criminal law, children as perpetrators of baby dumping are regulated in criminal law regulations in the Criminal Code and criminal law regulations outside the Criminal Code. Protection of children's rights as perpetrators of baby dumping in the criminal justice process can be carried out through diversion efforts such as those carried out in the case of baby dumping in Wurung Rejo Hamlet, Bawukan Village, Kemalang sub-district, Kab. The obstacles faced by the police in enforcing the law against children who commit the crime of dumping babies are divided into two: preventive, namely that the community has narrow thinking and does not want to develop, even though there has been education about the dangers of free sex and its impacts as well as other legal education, while repressive, namely that the police find it difficult to find perpetrators because people who are pregnant outside of marriage hide their pregnancy from family, society and peers.

Effectiveness of Tourist Area based Waste Management Legal in The Malioboro Yogyakarta Tourism Center

Aditya Ananda, Nunik Nurhayati, R Rizka, Arief Budiono — Mon, 18 Mar 2024 00:00:00 +0700

This article aims to determine the effectiveness of the law regarding tourism-based waste management carried out by the Yogyakarta City Government, targeting the center of the Malioboro Tourism Area as one of the waste producers. This research uses empirical legal methods which are deductive and analyzed qualitatively. Research Location in the Malioboro Tourist Area, Yogyakarta City, Yogyakarta Special Region. This research uses library study data sources, interviews with Yogyakarta City DLH employees and questionnaire techniques for tourists. Then it is processed to get answers to problems related to waste management in the city of Yogyakarta. This research aims to find out 1) There is an overview of waste management in the Jalan Malioboro Tourist Area in terms of Regional Regulation Number 1 of 2022 concerning waste management which describes the technical waste management carried out by the Yogyakarta City Government starting from monitoring the implementation of tourist waste management and the flow of waste sorting. to Final Waste Processing. Then you can describe 2) The effectiveness of waste management in the Malioboro Tourism Area and explain the theory of effectiveness based on the five factors that support implementation in the sectors of legal rules, law enforcement, infrastructure, society and culture. With awareness of protecting the environment carried out by the community and firmness from the Yogyakarta City Government, and carrying out outreach regarding compliance with protecting the environment, especially waste, to tourists and the surrounding community.

Counseling against Traffic Violations by Drivers Under The Influence of Alcohol (Case Study in Surakarta City)

Raga Farros Al Bassith, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

The aim of conducting the research is to find out: (1) traffic violations by drivers under the influence of alcohol in the City of Surakarta based on Law Number 22 of 2009; and (2) efforts to overcome traffic violations by drivers under the influence of alcohol in the city of Surakarta. In Indonesia, especially in big cities, the traffic situation is still far from orderly, the cause of traffic violations is someone who deliberately drives under the influence of alcohol. With the help of empirical juridical research methods,through field research which focuses on collecting empirical data in the field so that it canreviewing the implementation of criminal law policies regarding traffic violations committed by drivers under the influence of alcohol at the Surakarta Police through interviews and the implementation of Law Number 22 of 2009 concerning Road Traffic and Transportation. The results of these findings state that as a form of law enforcement against traffic violations by drivers under the influence of alcohol in the city of Surakarta, it is basically in accordance with the applicable regulations of Article 311 of the LLAJ law. Efforts to overcome the occurrence of traffic accidents in the city of Surakarta with the aim of providing comfort for road users through education, advocacy, outreach and campaigns.

Legal Protection for Writers Against Violators of Illegal Copying of Books by Students

Eldon Rizky Hogantara, Nuria Siswi Enggarani — Mon, 18 Mar 2024 00:00:00 +0700

Copyright is a piece of other intellectual property rights that continues to advance following the progress of an era that is very controlled from social, economic and technological aspects, because the more advanced technology a country is, the better the crimes committed. The progress of creative rights, which is supported by various elements, has an impact on improving legislative provisions in the copyright section. The rights that arise from a work in the field of science, according to the law, are delegated to the creator along with certain advantages, namely the right to explore his work. Meanwhile, in order to avoid crimes in the form of plagiarism or duplication, careful regulatory guidelines must be created and formulated in statutory regulations. A book is an intellectual work of the creator or copyright holder who has exclusive rights consisting of two rights, namely economic and moral rights, so these rights must be maintained. Due to the presence of exclusive rights, researchers are interested in knowing how to protect and the prospects for legal protection of copyright in internal knowledge books as regulated in Law NO 28 of 2014 concerning Copyright.

Juridical Analysis of Political Dynasty in Regional Head Elections in Indonesia

Juanda Yuviant Hafiidh, Moh. Indra Bangsawan, Jan Alizea Sybelle — Mon, 18 Mar 2024 00:00:00 +0700

Political dynasty is a power run by a group of people who are still related by blood or within the family sphere. If we look at the reality of government in Indonesia, the practice of this power often occurs in political dynasties, one of which is in local government in Indonesia. The research method used by the author in this journal has a normative nature and is based on the perspective of democratic theory as a reference in writing this journal. Then, this type of research is descriptive qualitative with data analysis techniques in the form of literature studies by examining books and literature related to problems in this journal. A democratic state that involves the right of its people to participate in politics. Whereas autocratic states, political rights are granted and held to a larger group of citizens. Implicitly, it means that the phenomenon of political dynasties is a manifesto of an autocratic state. The phenomenon of political dynasties practiced by regional heads massively can be conceded that the practice of political dynasties has contradicted Article 7 letter r of the Election Law, but this article also contradicts the 1945 Constitution unconstitutionally and has no binding legal force.

Increasing Sexual Violence by Children as A Reflection of The Improvement of Sex Education in Indonesia

Ramadhana Satria Tamtama, K Kuswardani — Mon, 18 Mar 2024 00:00:00 +0700

The general opinion that sex education is taboo because sex education is not based on religious teachings assumes that sex education is the same as educating men and women about sexual relations. The aim of this research is to describe the increase in sexual violence against children due to a lack of sex education among children. Because this study is an empirical-legal study, the information needed is secondary information in the form of legal documents and primary information in the form of information from stakeholders, especially those related to children's problems. The results of the research show that society's perception of the taboo on sex education has a significant impact on the increase in sexual violence against children. Because stakeholders need to pay attention, especially in the education sector, to teaching about correct sexual education based on religion.

Legal Protection of Registered Marks Case Study: Ruling Number 1850 K/Pdt.Sus-HKI/2022

Fahmi Fairuzzaman, Kelvin Dean Putra Mahardhika — Mon, 18 Mar 2024 00:00:00 +0700

Trademarks are a clear part of intellectual property that plays a vital role in the economic cycle of an industry in the field of trading goods and services. One of them is that the brand becomes an image of product quality and helps attract consumer interest in new products. Brand issues are still a problem that continues to be on the court table, therefore there must be strict regulations governing this matter. apply normative juridical research methods by examining library materials, namely primary and secondary legal materials. After the legal materials are collected, analysis is carried out and appropriate conclusions are drawn regarding the problems contained in the problem formulation. This research applies data analysis techniques using deductive logic. This conclusion is based on an analysis of the regulations regarding trademarks and decision Number 1850 K/Pdt.Sus-HKI/2022. This brand dispute will be analyzed according to existing regulations, from a brand law perspective in order to understand its essence and intent in resolving the legal problems discussed in this research. Therefore, here the panel of judges is required to be fair in giving a fair decision. So that no party feels cheated and seeks legal protection in other courts. And the theory of legal protection means that when a judge examines a case in this chapter, a trademark case must look at various existing legal literature and interpret it clearly in line with the applicable arguments.

Legal Protection for Children who are Victims of The Crime of Rape

Ashylla Zabrina Dipayanti, Muchamad Iksan — Mon, 18 Mar 2024 00:00:00 +0700

Children as members of the younger generation are a substitute for the country's independence aspirations and the potential for human resources for the founding of the country. Recently, sexual crimes against children have often occurred and the worst scenario is that sexual violence crimes now not only occur against adults but also children.Legal protection is the most important element in a legal state, because legal protection is the right of every citizen and the obligation of the state as the organizer of protection.applying normative juridical research methods, how to analyze library materials, namely primary and secondary legal materials. The threat to perpetrators of this rape, according to the criminal code regarding the crime of rape, is a maximum of 15 years. In fact, many perpetrators of rape do not receive the maximum sentence. Meanwhile, the victims have to carry stories of humiliation and psychological trauma for the rest of their lives. It's not fair.It is recommended that law enforcement officials protect children targeted for rape by safeguarding the victims' rights, so that the victims receive permanent mental and social rehabilitation. Request the government to provide facilities and infrastructure for the rehabilitation of child rape victims, so that the victims can continue their lives in the future. Suggestions for the community to help child victims of violence (rape) to be protected by law, so that Indonesia becomes a prosperous country for human-based welfare of the population.

Juridical Analysis Regarding Changes in The Regulations on Adultery in Law Number 1 of 2023 Concerning The Criminal Code in Indonesia

Mutiara Ambar Solichah, Hanifah Febriani, Tomás Mateo Ramon — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to explain the comparison of adultery regulations in the old Criminal Code and the new Criminal Code, as well as the implications of changes to the adultery regulations in the new Criminal Code. The research method is normative. This research is a type of normative research that uses secondary data. The approach taken is a statutory and conceptual approach. The data analysis method used is qualitative. The results of this research are regarding adultery in the old Criminal Code which is regulated in Article 284 of the Criminal Code, which provides the meaning of adultery only between a man and a woman, one of whom is at least married, while the new Criminal Code is regulated in Article 411 of the Criminal Code, which expands the meaning of adultery. also covers men and women who are not related by marriage, who are threatened with imprisonment for a maximum of 1 (one) year. Adultery is a complaint offense in both the old and new Criminal Code, but in the new Criminal Code there are additional parties who can file a complaint about adultery, namely not only husband/wife, but also parents and children for people who are not related by marriage, in addition there is an increased threat of imprisonment in the new Criminal Code, namely for 1 (one) year. The implications of the changes to the regulation of adultery in the new Criminal Code are to minimize opportunities for adulterous behavior that could potentially be committed by married young couples, to apply customary law in Indonesia and to abandon western concepts, namely the Netherlands, to realize responsive criminal law, meeting the needs of Indonesian society. religious, and minimizing the presence of vigilantism by society, provides a deterrent effect because there are increased criminal penalties for perpetrators of adultery.

Reviewing Franchise Business Legal Regulations: A Perspective on Consumer Protection and Intellectual Property Rights Protection

Dimas Guntur Kencono — Mon, 18 Mar 2024 00:00:00 +0700

This article discusses the legal perspective in franchise businesses. The franchise business has become a popular business model in Indonesia, however, this business model is not free from legal problems. The author discusses a strong legal foundation related to brand protection, franchise regulations, and its relationship to employment law. Apart from that, the author also discusses the franchise business model and the obligations that must be fulfilled by the franchisor and franchisee. The author believes that from a legal perspective, franchise businesses must comply with existing regulations, including brand protection and employment rights. Openness, transparency and balanced involvement between franchisors and franchisees also need to be emphasized. Therefore, parties involved in a franchise business must understand the applicable regulations and laws to avoid legal problems in the future.

Development of Land Legal Policy in The Reform Era Reviewed from The Perspective of Agrarian Justice

Muhammad Farrel Haristyanto, Moh. Indra Bangsawan, Clarizze Yvoine Mirielle — Mon, 18 Mar 2024 00:00:00 +0700

Law Number 5 of 1960 concerning Basic Land Regulations or what we know as the Basic Land Law (UUPA) is one of the general policies in the form of statutory regulations that have been implemented for approximately 48 years. Land policy in Indonesia viewed from the perspective of agrarian justice is still not appropriate because in all social, political, legal and economic institutions, justice is the basic structure of society; because the regulation of social institutions has a fundamental impact on the prospects of an individual's life, the implementation of the UUPA has undergone various changes due to differences in the sequence of visions, missions, strategies, policies and government programs. Seeing that the human values embedded in land legislation are decreasing. The need for reform in the field of land law continues to emerge and continues to be carried out by the community, but the government has so far maintained the legitimacy of the UUPA by trying to adapt to the conditions that are developing in the current reform. This study aims to find out how land law policies in Indonesia and how land law policies are viewed from the perspective of agrarian justice. Then these problems are examined using descriptive-qualitative research methods using descriptive research types and secondary data sources.

Implementation and The Role of The Government in The Imposition of Income Tax (PPh) on Youtubers in Indonesia

Mon, 18 Mar 2024 00:00:00 +0700

Youtube currently seems to have become a very promising profession or job. A YouTuber with a variety of creative content will get income from the videos he uploads. This is seen by the government as a potential sector to be subject to income tax (PPh) which can increase state revenue. This article was written with the aim of finding out how the current implementation is in collecting income tax on YouTubers and to find out the extent of the government's role in implementing income tax collection against YouTubers. The method of writing this article uses a descriptive analytical method with data collection using the literature study method. In Law No. 36 of 2008, it is explained that the object of income tax is any economic addition to the taxpayer. It can be seen that the income of several YouTubers has exceeded the specified non-taxable income (PTKP). Thus YouTubers must be taxed in accordance with the provisions of the applicable laws and regulations. The government as a supervisor in taxation in Indonesia must play a role especially in educating and socializing taxpayers and applicable laws and regulations, especially regarding tax revenue for YouTubers.

Juridical Analysis of Legal Considerations of Constitutional Court Judges Number: 46/PUU-VIII/2010 Review of Article 43 (1) of Law Number 1 of 1974 concerning Marriage Regarding the Status of Children Out of Wedlock

Agung Dwi Prayogo, Nuria Siswi Enggarani — Mon, 18 Mar 2024 00:00:00 +0700

This investigation was carried out with the aim of proving the decision of the Constitutional Court regarding illegitimate children, in accordance with Law no. 46/PUU-VIII/2010, consideration of the Constitutional Court: Regarding the status of illegitimate children, see Law no. 46/PUU-VIII/2010 and its legal impact on the occurrence of the Constitutional Court Order regarding Article 43 paragraph 1 of the Marriage Law which regulates invalid marriages that produce children. The method used is normative legal research, namely an in-depth study of literacy related to the status of illegitimate children. The Constitutional Court's decision regarding the civil rights of children born out of wedlock is a decision that emerged from monitoring the rights of illegitimate children as a form of judicial review of marriage law. Children born from illegitimate marriages are not a matter of Constitutional Court decision no. 46/PUU-VIII/2010. This decision is an option that significantly affects the social freedom of illegitimate children. The novelty of this research lies in the research based on a phenomenon that often occurs today, namely the problem of pregnancy outside of marriage.

Implementation of Criminal Sanctions for Abuse of Government Subsidized Fuel (BBM) Transportation and Trade

K Kuswardani, Antan Yuniar — Mon, 18 Mar 2024 00:00:00 +0700

Fuel oil (BBM) is one of the vital elements needed to serve the needs of the general public. Basically, the government has policies regarding the use of fuel oil. One of them is the existence of subsidized fuel oil. The existence of subsidized fuel oil is due to the consideration that fuel oil is a vital commodity which can cause price increases for other commodities. Subsidized fuel oil is actually given to people from the middle to lower economic groups with the aim of getting fuel oil at cheap prices. However, this subsidized fuel oil sometimes does not meet the government's intended targets. This misuse of subsidized fuel oil is commonly carried out by commercial transport. It is stated in Law Number 22 of 2001 concerning Oil and Natural Gas that processing, transportation, storage and trading business activities can be carried out if a business permit has been obtained from the government. Proven as in case no. 123/Pid.Sus-LH/2022/PNKpg which violates Article 55 of Law Number 22 of 2001 in conjunction with Paragraph 5 number 9 Article 55 of Law Number 11 of 2020 concerning Job Creation by smuggling subsidized kerosene fuel. and diesel. The criminal act of misuse of commercial transportation of fuel oil is regulated in Article 55 of Law No.2/2001. Based on the description above, the problem that can be studied in this paper is identifying the unlawful nature of the criminal act of misuse of commercial transportation of subsidized fuel oil and how criminal sanctions are applied for this act.

Legal Protection Efforts for Wives and Children in Divorces Caused by Husband's Nusyuz Case

Nabila Rahmawati Rama, R Rizka — Mon, 18 Mar 2024 00:00:00 +0700

Divorce is the main cause of the dissolution of a marriage, as stated in Article 38 of UUP No.1 of 1974. Currently, one of the problems in society is the nusyuz case, which is defined as disobedience or non-compliance between husband and wife in prioritizing roles and obligations. contained in a marriage bond. The word nusyuz is found in Qs. An – Nisa verses 34 and 128, nusyuz cases are rife in religious courts. Therefore, the researcher used a normative juridical approach method by referring to Islamic law and positive civil law, statutory regulations and supported by secondary data in the form of interviews from several opinions and considerations of court judges' decisions. Comparisons with previous research can be found in interviews conducted by researchers with one of the chairmen of PA Surakarta, in terms of considering a decision in the form of livelihood, as well as developments in regulations issued by the Supreme Court. Often the children and wife are still the parties who suffer losses after a divorce, the basis for the judge's consideration in granting maintenance rights to the wife and children after the divorce. It is explained in Islamic law using 4 (four) methods: "Al - Qur'an, As - Sunnah, istidlal and ijma". Supported by Perma No. 3 of 2019, Law No. 16 of 2019 in regulating maintenance rights for wives and children. As an effort to protect the law, referring to the Decree of the Director General of the Supreme Court of Republic of Indonesia Religious Courts No. 1951 of 2021 concerning the Implementation of a Policy Brief Guaranteeing the Protection of the Rights of Women and Children Post-Divorce.

E-Wallet (Study on Legal Protection for Fund Users, OVO, Link Aja)

Andria Luhur Prakoso, Nabil Dzaky Nuafal — Mon, 18 Mar 2024 00:00:00 +0700

Electronic wallets are still important to support activities in the economic sector, but not only do consumers feel the good impact, but there are also disadvantages for the consumers themselves. This research uses normative methods and collects data through library research and the results of this research inform readers about how to claim compensation caused by the application that is examined and the responsibility of the business actor in providing where and guarantees for consumers who use e-wallet application.

Juridical Analysis of Car Rental Agreements (Study at PT. Persada Solo)

Dhimas Ardiansyah, Andria Luhur Prakoso — Mon, 18 Mar 2024 00:00:00 +0700

Relations between humans in the era of globalization are very urgent, especially in activities to fulfill their needs. Humans, in order to fulfill life's affairs, are obliged to maintain social activities between humans. This form of interaction can also take the form of legal action. Legal relationships are relationships regulated by law. The relationships regulated in this law are the relationships between the rights and obligations of state residents, between individuals and citizens, and with other people in social life.Agreements can be made by anyone who has an interest in making an agreement, and each party has the authority to make an agreement, unless the law determines that they do not. Failure to speak is defined in article 1330 of the Civil Code.The writing model used in this article is normative legal review, namely research carried out by examining various legal provisions of various forms such as laws, regulations and literature containing theoretical principles which are then linked to the discussion of this journal. The strategy used is a statutory approach and then a conceptual approach. In the PT Persada Solo agreement, it is a valid agreement but there is a party who must compensate for losses in this incident, someone must replace the damage to the car. And you can choose which route to take, whether through court or non-litigation. The agreement with PT Persada Solo is regulated by several rules in Indonesia, for examplearticle 1313 of the Civil Code,Government Regulation no. 41 of 1993 concerning Road Transport as wellArticle 1548 of the Civil Code essentially means renting. In essence, the legal cause of legal action is that sanctions are imposed on those who are found guilty or have violated the agreement.

Unlawful Acts (Onrechtmatigedaad) regarding Land Ownership Disputes (Study of Marisa District Court Decision Number: 11/Pdt.G/2019/PN.Mar)

Awalulkhairi Santosa Putra, R Rizka — Mon, 18 Mar 2024 00:00:00 +0700

In cases regarding land, they are often related to civil cases which fall into the field of unlawful acts (Onrechtmatigedaad), Article 1365 of the Civil Code (KUHPer). Looking at the decision regarding unlawful acts in the case of land disputes based on the Marisa Court Decision Number: 11/Pdt.G/2019/PN Mar, the Marisa District Court judge decided that the Defendant had committed an Unlawful Act against the land rights owned by the Plaintiff.This research uses a juridical normative approach whose main data source is secondary data, namelylegal norms contained in statutory regulations and court decisions as well as legal norms that exist in society. From this research, the results obtained are thatThe author describes the elements of each unlawful act in Article 1365 of the Civil Code from case number: 11/Pdt.G/2019/PN.Mar. So it is true that the Defendant has fulfilled all the elements in committing an unlawful act. That according to the Panel of Judges in its legal considerationsA private sale and purchase agreement regarding land rights is valid and has binding legal force as long as the agreement is carried out clearly and in cash and is witnessed and acknowledged by the Village. So that the ownership of the plaintiff's land rights legally belongs to him.

Juridical Review of Rejection of Applications for Adoption of Children

Muhammad Hamam Firdaus, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

The research aims to examine the problem regarding the rejection of the application for adoption by examining the judge's considerations in decision Number 0001/Pdt.P/2016/PA.Sbs, Number 404/Pdt.P/2017/Po and find out the legal consequences regarding the rejection of the application for adoption or adoption. child in the decision. This research method uses a normative juridical method, with a statutory approach and a case approach. The results of this research can be explained in the application for the adoption of a child, there are several applications that were rejected by the panel of judges as found in decision Number 0001/Pdt.P/2016/PA.Sbs, Number 404/Pdt.P/2017/Po which was due to the purpose of the adoption The child is proposed by the applicants and the conditions proposed in the adoption of the child are not relevant to the law in force in Indonesia and the legal consequence of refusing to adopt the child is that there is no transfer of responsibility to the child by the prospective adoptive parents, but the child is returned to the responsibility of the child. his biological parents due to the rejection of his application for adoption.

Law and Consumer Protection: Study of the Scarcity of 3 kg LPG Gas Consequences of Unfair Business Competition

Muhammad Anas Arifin, Kelik Wardiono — Mon, 18 Mar 2024 00:00:00 +0700

This research, which aims to describe forms of unfair business competition practices which result in a scarcity of 3kg LPG gas and protection for consumers, is based on legal research with a non-doctrinal approach. The data in this research is primary data collected through interviews with informants selected purposively , and supported by secondary data collected by literature study. Based on the results of research and discussions conducted on business actors, it was found that there were business actors who carried out unfair business competition by practicing closed agreements; as well as business actors who carry out monopolistic practices, resulting in a shortage of 3 Kg LPG Gas and causing harm to consumers.

Constitutional Court Judges' Interpretation on the Limitation of Presidential and Vice-Presidential Term of Office: A Study of the Decision of the Constitutional Court Judge No. 117/PUU-XX/2022

Dewi Iriani, Muhammad Fauzan, Esti Ningrum — Mon, 18 Mar 2024 00:00:00 +0700

Purpose of the Study: This paper aims to analyze the philosophical meaning behind the Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office. It also aims to analyze the limitation of the presidential and vice-presidential term of office in the legal transformation and renewal in Indonesia. Methodology: This was normative research that used the qualitative method. The writer used the development law theory and judges’ interpretation and philosophical theory. Results: It was found that the Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 considered the grammatical interpretation, sociological interpretation, systematic interpretation, historic interpretation, comparative interpretation, and futuristic interpretation. In the legal transformation and renewal in Indonesia, the limitation of the presidential and vice-presidential term of office aims to create a checks and balances system among the state's high institutions. This limitation is already according to the 1945 Constitution. Applications of this Study: This research can motivate political parties to presidential and vice-presidential candidates that have integrity, morals, and character, as presidents and vice presidents can only serve for two periods. Thus, it is best to find the best candidates to serve the country. Novelty/Originality of this study: There has not been any previous research that analyzes Constitutional Court judges' interpretation of Decision No. 117/PUU-XX/2022 on the limitation of presidential and vice-presidential terms of office.

Comparison of Indonesian and Malaysian Criminal Laws in Regulating Acts of Abuse Against Minors

Sadida Amalia Izzatul Haq, Natangsa Surbakti — Mon, 18 Mar 2024 00:00:00 +0700

This article is about criminal law related to child abuse. The research used is a comparative approach, ie comparing the criminal laws of the two countries based on normative legal concepts. Here is an analysis of the concept order formulation for abusive behavior against minors. In Indonesia, the Child Protection Act No. 35 of 2014 applies and in Malaysia, the Children's Act of 2001 applies. The purpose of this study is to clarify the differences and similarities between the two countries' views on child abuse regulation. The results of the two countries' basic thinking on crime and sanctions formulation are similar. In other words, it has been less than 18 years since both countries ratified their child age limit regulations, ie human rights treaties. There are some differences, such as criminal sanctions against children, punishment systems, child protection authorities, and provisions for establishing criminal offenses for child abuse. The conclusion of this article is that important to study this issue on both countries through a comparative approach that takes into account differences. Moreover, many ideas can be used to formulate abusive behavior towards minors in Indonesia.

Principle of Freedom of Contract in On-Line Trade Transactions (E-Commerce) (Comparison of Civil Law System, Common Law System and Islamic Law System)

Any Farida — Mon, 18 Mar 2024 00:00:00 +0700

Advances in computer and internet technology, as well as cyberspace, facilitate relationships between humans, including trade transactions.The transaction process carried out in the business world without any meetings between the parties is called electronic commerce. E-commercewhich is carried out through the exchange of information without a physical meeting of the parties, raises very basic problems and requires reconstruction of the theory of contract law, namely: How to implement the principle of freedom of contract in e-commerce transactionsand the limitations according to the civil law system, common law system and Islamic law system? This research was carried out using a normative juridical approach (doctrinal research), with descriptive comparative legal research specifications. The data collection method used is literature study, data analysis using deductive analysis methods.The principle of freedom of contract in transactionse-commerceaccording to the legal systemcivil law system, common law systemAndIslamic law systemcan be implemented properly, even though in general it is a standard contract whose contents and format have been created and prepared by one of the parties (seller/merchants). This freedom of contract is seen when there is an agreement between the seller/merchantswith buyers/consumers who are indicated by filling in the order form provided by the seller/merchantsand “click” of approval by the buyer/consumer. The transaction continues with payment via transfer and delivery of goods via courier which can be proven by a receipt for the transfer and delivery of goods. Freedom of contract is limited by state law, viz does not conflict with the law, decency and public order. Meanwhile, according to Islamic law, transactionse-commerceequated with buying and selling orders (Greetings)and the law is permissible (permissible) which must be based on mutual consent (without compulsion), implemented with true intentions (sincere, good faith), not detrimental to other parties and beneficial.

Sriwedari Mosque Land Dispute, Surakarta Land Law Study

Mon, 18 Mar 2024 00:00:00 +0700

Legal certainty in the land sector is indeed a necessity that must exist, but researchers have found that there are many individuals taking advantage of the weakening of law enforcement which has resulted in an increase in several land disputes. The aim of this research is to identify the factors causing land disputes at the Sriwedari Mosque in Surakarta. This research is research that uses sociological legal methods with a qualitative descriptive approach which was carried out on Jl. Slamet Riyadi Taman Sriwedari, Surakarta city in March-May 2023 using data collection techniques, namely literature study and interviews. Meanwhile, data analysis techniques utilize comparative studies. Based on the research results, the researchers concluded that the chronology of the Sriwedari land, which is now a problem regarding land disputes, was originally purchased by Paku Buwono (PB) This right to land ownership is what caused the land dispute at the Sriwedari Mosque in Surakarta and the construction of the mosque to stop.

Initiating how to Work the Maqashid Al-Syariah Theory from Asy-Syahtibi towards the Problem of Thrifting (Trading in Second-Hand Clothes) in Indonesia

Ridho Bawana Jati, Wardah Yuspin — Mon, 18 Mar 2024 00:00:00 +0700

This research has the aim of how the maqasid sharia theory works on the problem of thrifting (used clothing trade) in Indonesia. The research method using normative juridical qualitative research is a research method where the research is sourced from legal norms which are obtained from statutory regulations and court decisions. This research approach uses literature studies, official documents and books that are relevant to the problem of this research. This research focuses on Islamic legal regulations regarding Thrifting (Used Clothes Trade) according to Asy-Syahtibi's maqasid sharia theory, while previous research explored more about the law of this object, whether or not it is prohibited for the Thrifting (Used Clothes) Trade. The application of Thrifting (Trading in Used Clothes) is in the theory of maqashid al-syariah where the theory discusses two (2) benefits, namely first, the realization of benefits, goodness and pleasure which is called jaib al-munafi'. Second, avoid evil and damage which is called dar' al-mafasid. Where Thrifting brings about ugliness and chaos or is called dar' al-mafasid because it causes various problems such as many shops selling Thrifting clothes, many garment shops are closed and there is a lot of environmental pollution. Thrifting (trading in used clothes) causes a lot of harm and damage, such as many shops selling thrifted clothes, many garment shops are closed and there is a lot of environmental pollution.

Law Enforcement Against Perpetrators of the Crime of Smuggling Imported Used Clothes According to Positive Law

Haekal Abdatamma Ramadhan, Muchamad Iksan — Mon, 18 Mar 2024 00:00:00 +0700

Smuggling is an act that controls goods by stealth which certainly violates laws and regulations. Lately, the crime of smuggling imported used clothes often occurs in Indonesia. This is motivated by the Indonesian people who are more interested in foreign products and the price is sloping. So that these smuggling individuals are interested in taking greater advantage of this act of smuggling imported used clothes. On this occasion, the author uses a normative juridical method based on Indonesia's positive legal perspective. Then, this type of research uses qualitative descriptive with data analysis techniques derived from literature studies by reviewing books and involving literature related to the problems raised in this journal. Enforcement against the perpetrators of the crime of smuggling imported used clothes cannot be underestimated. The government together with law enforcement officials, especially customs, must be more responsive in monitoring the gaps in the entry of goods from abroad. Law enforcement against perpetrators must be dealt with firmly, considering that this smuggling has had a major impact on the country's income and progress. Various laws and regulations have long been present to maintain the smuggling attempt, only later the government and the government can carry out these regulations optimally.

Socialization of Legal Understanding towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited From A Progressive Law Enforcement Perspective

Diana Setiawati, Orryza Almira Mauriska — Mon, 18 Mar 2024 00:00:00 +0700

Consumers have the right to use services provided by business actors, including the right to security and comfort, including the use of personal data which should be kept confidential by business actors. In fact, based on Decision Number 90/Pdt.sus-BPSK/2021/PN.Mdn. consumers are harmed because their personal data is accessed without permission by the provider, thereby causing losses to consumers. From this description, it can be seen that there is a gap between das sollen and das sein which needs to be analyzed further in this research. This research aims to find out and analyze legal protection for consumers of postpaid providers regarding hacking and use of personal data without permission based on Law Number 27 of 2022 concerning Personal Data Protection and to find out and analyze the legal consequences arising from use of personal data without permission. The legal research method in this research uses normative juridical research to examine norms, principles, theories, doctrines, etc. related to the research problem, with a statutory approach, the data in this research is secondary data with a library data collection method, and analyzed qualitatively. Based on the research results, it can be seen: (1) Consumers can be protected by Law Number 8 of 1999 concerning Consumer Protection regarding legal protection of their rights as consumers, but this results in the failure to fulfill legal protection for personal data. So, in providing legal protection for consumers' personal data, it can be protected by Law Number 27 of 2022 concerning Personal Data Protection; (2) The resulting legal consequences may be subject to legal liability and sanctions, if based on Law Number 27 of 2022 concerning Personal Data Protection they can be imposed in accordance with Article 67.

Environmental Social and Governance (ESG) based Mutual Fund Investment in Indonesia

Iramadya Dyah Marjanah, Wardah Yuspin — Mon, 18 Mar 2024 00:00:00 +0700

Investment is a familiar activity in the 4.0 era like today. By utilizing technology that is always developing, Indonesia has become one of the countries that has experienced a significant increase in investment, especially in the capital market. One investment that is growing rapidly is mutual fund investment. Based on the KSEI report, investors in the capital market are dominated by those aged under 30 years, namely 60.32%. Mutual fund investment is an investment that has various advantages. Every investment definitely has risks. Mutual funds are no exception, there are also some risks. Indonesia is a country that has the potential for new renewable energy (EBT), so investing in ESG mutual funds is very suitable in Indonesia. This research uses normative juridical methods. This research uses a qualitative approach. The data used in this research is data originating from literature searches, statutory regulations, and other literature studies. The results of this research areinvestmentThe novelty of this research is that the application of ESG in mutual fund products is quite interesting in terms of paying attention to the surrounding environment. That the regulations regarding investments that adopt the ESG system do not yet have specific regulations governing their implementation. The rule of law is very necessary in order to avoid unwanted fraud. This article tries to provide an alternative to how important ESG-based investment is in Indonesia.

Effectiveness of Regional Policies and Strategies in The Management of Household Waste and Waste A Kind in Bakalan Village, Polokarto District Sukoharjo District

Ichlasul Alfian Haqi, Nunik Nurhayati — Mon, 18 Mar 2024 00:00:00 +0700

The waste problem in Indonesia is of concern to the government because waste processing and management in Indonesia is below standard. In this case, the central government mandates that each region prepare a Regional Policy and Strategy (JAKSTRADA) for the management of household waste and similar waste based on this. By 2025, JAKSTRADA has a target of reducing household waste and similar waste by 30% and waste handling by 70%. This research aims to determine: 1) An overview of the management of household waste and similar waste in Bakalan Village, Sukoharjo Regency. 2) The effectiveness of Sukoharjo Regent Regulation Number 57 of 2018 concerning the management of household waste and similar waste in Bakalan Village, Sukoharjo Regency. The results of this research show that the effectiveness of JAKSTRADA according to the five indicators of legal effectiveness, namely legal factors, law enforcement factors, facilities and facilities factors, community factors, and cultural factors can be said to be ineffective. The obstacles encountered in achieving the effectiveness of JAKSTRADA are: 1) lack of intensive outreach 2) people who ignore household waste management 3) lack of facilities and facilities to support waste management.

Juridical Review of Standard Clauses in Goods Expedition Agreements Based on the Consumer Protection Law (Study at the J&T Express Company)

Diana Setiawati, Pradika Dhony Indrawan — Mon, 18 Mar 2024 00:00:00 +0700

Goods delivery services are an economic activity that is currently developing very rapidly and always prioritizes aspects of efficiency for its users. Users of goods delivery services are consumers of goods delivery services. The implementation of this efficiency aspect is carried out through the inclusion of standard clauses in goods delivery agreements, this is done to avoid protracted negotiations between business actors and consumers. J&T Express as a goods delivery service business also includes standard clauses. In including standard clauses, J&T Express must pay attention to the provisions in the Consumer Protection Law in the form of a prohibition on the inclusion of certain standard clauses, if the delivery agreement violates the provisions in the Consumer Protection Law it will be declared null and void. This research aims to find out and analyze the standard clauses contained in the J&T Express goods delivery agreement in terms of Law Number 8 of 1999 concerning Consumer Protection (UUPK) and to find out the legal consequences of including these standard clauses. The research method used is a normative juridical approach and descriptive analysis. The research results obtained according to the analysis carried out by the author illustrate that J&T Express, in including standard clauses, transfers responsibility which results in the consumer's rights not being fulfilled, there are several standard clauses which fulfill the elements of Article 18 paragraph (1) UUPK, therefore the legal consequences of the delivery agreement by J&T Express are stated null and void by law, this is in accordance with the provisions of Article 18 paragraph (3) UUPK which states that if there is a standard clause that is not in accordance with the provisions, then it will be declared null and void by law.

Analysis of Legal Regulations Relating to Menage, Pregnancy and Parenth Leave based on Positive Law in Indonesia

Mon, 18 Mar 2024 00:00:00 +0700

The role of women is not only in the house but also has the opportunity to work just like a man. Women have a lot of potential both in terms of intellectual abilities and skills which then encourages a woman to enter the world of work. This research is a normative research method, namely legal research conducted by researching literature or secondary data which emphasizes the matter of statutory provisions related to menstruation and maternity leave. Based on the results of the research, arrangements regarding the right to leave for menstruation, pregnancy and childbirth are based on the positive law currently in effect in Indonesia. Leave is one of the solutions in women's performance in overcoming these problems. With the issuance of Law Number 13 of 2008 concerning the rights of women workers. Regarding the right to menstruation leave, female workers convey this to the company so that they are not required to work on the first and second day during menstruation. The right to maternity and maternity leave is regulated in Article 82 paragraph (1) of Law Number 13 of 2003 which states that female workers only get 1.5 (one and a half) months of rest before she gives birth and 1.5 (one and a half) months after she gives birth. the baby which must be based on calculations made by doctors and midwives. In this way, women workers receive protection for their own roles and health background, which men cannot have, such as menstruation, pregnancy, childbirth and breastfeeding babies.

Application of Criminal Sanctions against Theft Perpetrators in Forced Conditions (Comparison of Positive Law and Islamic Law)

Yoga Rizka Kusuma, Bambang Sukoco — Mon, 18 Mar 2024 00:00:00 +0700

Crimes against the property or wealth of others have occurred in many communities. This is done in various ways and opportunities are done alone or also done in groups. The law of theft is divided into several kinds of criteria depending on how much loss from the goods taken. Judging from the positive law, the crime of theft has been regulated in articles 362-367 of the Criminal Code which in these articles have criteria and additional weights in order to provide justice for potential victims and potential defendants. Whereas when viewed from the review of Islamic law, the rule will remain at any time because it has been explained in the Qur'an and hadith and the punishment limit for the severe, and the punishment of tak'zir for the light. The results of this study will show, among others, the similarities and differences in the application of criminal sanctions in terms of positive law and Islamic law. Both have similarities that both have criteria in the sanctions given to provide a deterrent effect, while the difference between the two from the law used is because Islamic law uses the legal basis of the Qur'an, hadith, and the agreement of scholars.

Implementation of Goods and Services Procurement Agreement Between CV. Sabicho with SMP Negeri 2 Tasikmadu Karanganyar: Analysis Based on Presidential Regulation Number 12 of 2021

Diana Setiawati, Rosita Rahmawati — Mon, 18 Mar 2024 00:00:00 +0700

Procurement activities for government goods or services are included in civil legal relations because the organizer and the provider of goods or services actually sign a contract to meet the needs of the user of the goods or services. Procurement of goods or services is carried out through stages of the procurement process, where finally the selected provider of goods or services will sign an agreement/contract with the user of the procurement of goods or services. The agreement/contract contains an agreement between the official who is the first party procuring goods or services and the provider of goods or services who is the second party. The purpose of this research is to determine the implementation of the agreement and also the legal consequences if there is a default in the agreement for the procurement of goods and services. In this research, the method used is the juridical-normative (doctrinal) method which the author uses to analyze and describe agreements for the procurement of goods or services. The research results show that the implementation of the agreement to purchase goods or services signed by both parties is a standard agreement and the legal consequences arising from the agreement are in accordance with presidential regulation no. 12 of 2021 Amendment to Presidential Regulation no. 16 of 2018 regarding the procurement of government goods or services and also the Civil Code.

Description of Criminal Actions and The Legal Consequences Given against Criminal Actions

Alif Nurochman Hakim, K Kuswardani — Mon, 18 Mar 2024 00:00:00 +0700

Entering the era of digitalization, ease of access and effectiveness of work on the network it can be increasingly felt. With this, life exists increasingly instantaneous with the presence of knowledge and technology. Then on the side Apart from that, we also need to realize that there are many things that are increasingly complex arise. It is as if everything present on this earth is correlated with each other and also among one another with others without clarity between the boundaries of interaction permitted or prohibited. Then indirectly this causes crime to increase. Many crimes occurred making people more aware of the importance of protecting each other each individual. One form of protection is attachment to law. In Indonesia itself, law is a very fundamental thing regulate state life. Equivalent to Article 1 Paragraph 3 that is Indonesia is a state of law.This research article applies normative juridical research methods by examining library materials, namely primary and secondary legal materials. The data collection technique uses library research, by collecting data and information or legal materials related to the substance of the research. After the legal materials are collected, analysis is carried out and appropriate conclusions are drawn regarding the problems contained in the problem formulation. This research applies data analysis techniques using deductive logic. This conclusion is based on criminal regulations. Criminal problems are still widespread, this will be analyzed according to existing regulations, from a legal perspective in order to understand the essence and intent in resolving the legal problems discussed in this research.

The Urgency of Employment Law for Informal Sector Workers in the Welfare State Concept

Mon, 18 Mar 2024 00:00:00 +0700

The aim of this research is to re-evaluate the importance of labor laws for informal sector workers within the framework of the Indonesian welfare state concept. The research technique involves studying a normative legal approach or documents or literature that only focuses on labor law currently in force in Indonesia. Qualitative methods of technical analysis are used to explain relationships between objectively determined phenomena, concepts, data, or facts. Based on the results of this research, the Employment Law in Indonesia still ignores the rights, dignity, standard of living, and even the work environment of workers in the informal sector. The National Employment Law has legal loopholes because it does not provide legal protection, guarantees and social security for informal sector workers. This demand is contrary to the concept of Pancasila and the 1945 Republic of Indonesia Constitution. Therefore, the government is expected to work together with the legislature to improve the Labor Law so that all parties are in the same position in the production process so that companies can develop. Meanwhile, these efforts are generally expected to lead to harmonization of laws for informal sector workers in the field of employment, especially in the Indonesian welfare state.

Juridical Analysis of The Mechanism for Implementing Village Expansion in Holy District

Angga Prastyo Wibowo — Mon, 18 Mar 2024 00:00:00 +0700

Implementation of regional autonomy can realize community welfare by improving services and direct community involvement. One of the main attractions of the development of regional autonomy is regional expansion. The scope of regional expansion includes provinces, cities or districts, sub-districts, villages and/or sub-districts. After the reform, Every year regional expansion occurs in many areas throughout Indonesia. One expert, Charles Tibout, has an opinion regarding regional expansion. This expert researched using the public choice school approach contained in his book entitled A Pure Theory of Local Expenditure, which means regional expansion as a model of strong competition in the economic field, where local governments will be able to provide low taxes, effective public services and every individual can free to choose preferences in existing services at every level of government.The government issued Law no. 23 of 2014 in order to increase community welfare, one way is by forming, merging and abolishing regions that cover provinces to villages. This research shows that with the issuance of Law no. 23 of 2014 can improve community welfare.

Legal Protection for Minority Shareholders in Public Companies: Analysis Based on Law Number 40 of 2007 concerning Limited Liability Companies

Dimas Adika Ardiyanto, Diana Setiawati — Mon, 18 Mar 2024 00:00:00 +0700

A Limited Liability Company is a legal entity in the form of a business entity whose capital consists of shares and whose shareholder partners have limited liability in proportion to the number of shares they own. As a consequence of the GMS decision, the rights and obligations of minority shareholders are the focus of this research. The company's actions were considered inconsistent, discriminatory and unjustified. This research aims to examine the legal protection for minority shareholders in public companies as outlined in Law no. 40 of 2007 concerning Limited Liability Companies in a comprehensive, straightforward and careful manner. It is hoped that this study will produce scientific, practical and scientific benefits for the author and anyone who wants to analyze it. This research method uses normative juridical research, which uses data from literature studies and the documents contained therein, as well as several supporting references. Secondary data consists of primary, secondary and tertiary legal materials, such as literature, scientific works and other library materials that discuss the materials used to create this scientific work. The results of this research indicate that the issue of legal protection for minority shareholders in public companies has been regulated in Law Number 40 of 2007 concerning Limited Liability Companies; however, the law has not been fully implemented. In other words, minority shareholders in public companies still have difficulty obtaining legal protection to obtain equity in the company.

Proprietary Land Registration Policy is Based on Government Regulation Number 18 of 2021 Concerning Land Registration Rights

Fadila Fais Alim, Moh. Indra Bangsawan — Mon, 18 Mar 2024 00:00:00 +0700

Population growth is increasing every year, in proportion to the need for land. This shows that soil is an important element for humans. Land is an important economic factor and has strategic value wherever it is social, political or cultural. This imbalance forces people to use various methods to dominate and even own land, although in the end it will lead to disputes, conflicts and land issues. To ensure legal certainty of land rights, land registration activities are carried out which are a series of land administration activities in collecting and processing physical and juridical data. The research approach method used by researchers is empirical juridical by using approach/theory/concept and analytical methods which are included in the dogmatic discipline of Law. This study aims to study the legal basis used in land registration and to study the mechanism of land registration in Indonesia. This research conducts research related to the Policy of Land Registration Based on Property Rights Peraturan Pemerintah Nomor 18 Tahun 2021 Tentang Hak Pendaftaran Tanah in BPN Pati. The findings of this study indicate that the land registration policy in Indonesia refers to Undang-Undang No. 5 tahun 1960 tentang peraturan dasar pokok-pokok agraria where in its development there is an adjustment with the release PP No. 18 Tahun 2021 tentang Hak Pengelolaan, Hak Atas Tanah, Satuan Rumah Susun dan Pendaftaran Tanah.

Reviewing Montesquiue's Thoughts on Trias Politica and Its Relevance to Article 6A paragraph (2) of the 1945 Constitution of the Republic of Indonesia: Securing Freedom and Preventing Authoritarianism

Alvian Tresna Chariza, Moh. Indra Bangsawan — Mon, 18 Mar 2024 00:00:00 +0700

Many legal researchers have published studies on Trias Politica, but few have applied it clearly in government and democratic systems, especially in Indonesia which has a mixed government system, namely the Presidential System and the Multiparty System which are regulated clearly in Article 6A paragraph (2) of the 1945 Constitution. , which causes uncertainty in government practices in Indonesia. This research aims to review how the concept of separation of powers in Montesquieu's Trias Politica develops in the legal and government system in Indonesia. This research uses a doctrinal method with a statutory and conceptual approach. The research results show that Indonesia has not implemented the Trias Politica concept firmly, and the application of Article 6A paragraph (2) has the potential to lead to abusepower.

Socialization of Legal Understanding Towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited from A Progressive Law Enforcement Perspective

Yuha Farisa Zukhruf, Diana Setiawati — Mon, 18 Mar 2024 00:00:00 +0700

This research aims to provide a description of the distribution of inheritance in Dawung village and provide a description of the Islamic perspective on the practice of distribution of inheritance carried out by the local community. This research uses descriptive qualitative methods. The data sources used are primary data sources which come from interviews and secondary data sources, namely sources obtained based on the results of reviewing books, journals and other written works. The data in this research was collected using literature study and interviews and then analyzed qualitatively. The results of the research prove that the practice of dividing inheritance property in Dawung village uses a traditional inheritance law system using an equal distribution system in which inheritance property is divided equally between daughters and sons, namely 1: 1, even though the majority of people in Dawung village embrace Islam. This is done in order to maintain and guarantee the integrity and harmony of the community so that there are no disputes between family members. Islam considers the practice of dividing inheritance as a shohih al u'rf which often arises in special social life and this distribution is considered valid for a society that has a culture like this because the components of consent and justice according to a society are the result of an agreement between the heirs. as well as the surrounding environmental situation.

Analysis of The Supreme Court Ruling 557 K/PDT.SUS-HKI/2015 Related to Intellectual Property Disputes in Indonesia

Muhammad Khusnul Hidayat, Marisa Kurnianingsih — Tue, 16 Jul 2024 00:00:00 +0700

A brand can be thought of as the image of a company or product, and can include elements such as a logo, slogan, colors, sounds, and even scents associated with the brand. One of the trademark cases involved French Cardin, who discovered that the same trademark as his was registered, namely the Pierre Cardin trademark and logo, owned by an Indonesian businessman named Alexander Satryo Wibowo, for the same type of trademark. Class 3 cosmetic products, especially Pierre Cardin perfume. The research uses normative legal research which focuses on legal studies from an internal perspective with the research object focusing on legal norms. To explore the legal issues being researched, several approaches are used, namely the statutory approach, case approach, historical approach and conceptual approach. The Pierre Cardin (France) brand is registered with the Directorate General of Intellectual Property with registration number IDM000192198. Apart from that, the brand was renewed with the number R002008005130 through an extension application submitted by Pierre Cardin, a French citizen, who was authorized to an IPR consultant named Ludiyanto, SH, MH, MM, WNI, from the Drewmarks Intellectual Property Services Office, Jakarta. On December 15 2008. In this decision, the Supreme Court confirmed that the Pierre Cardin mark had been legally registered in Indonesia by Pierre Cardin Indonesia and had received legal protection since its registration in 1997. The registration of the mark had been carried out in accordance with the provisions of the Trademark Law and Geographical Indications, as well as their implementing regulations. Therefore, Pierre Cardin Indonesia has exclusive rights to use the mark in Indonesia.

Juridical Study of Legal Protection of Child Victims of Sexual Violence

Athalia Shafa Putri Aninda, Taufiq Nugroho — Mon, 18 Mar 2024 00:00:00 +0700

Sexual violence against children is a serious problem in Indonesia that can have long-term detrimental impacts on victims. This article aims to analyze legal protection for child victims of sexual violence from a juridical perspective. Through a study of relevant literature and journals, this article describes the meaning of sexual violence against children, the impact and consequences for victims, existing legal protection, as well as the obstacles and challenges faced in implementing this legal protection. In its analysis, this article reveals that sexual violence against children includes various acts involving coercion or sexual abuse of minors. The impact is physically, emotionally and psychologically devastating for the victim, which can continue into adulthood. Legal protection for child victims of sexual violence is based on national and international legal frameworks, which guarantee children's rights and provide legal instruments to uphold justice. However, the implementation of legal protection for child victims of sexual violence is faced with complex obstacles and challenges. Some of the main challenges include low public awareness, lack of access to adequate support services, limited resources, low capacity of law enforcement agencies, and justice processes that require a more sensitive understanding of children. To overcome this challenge, this article recommends efforts to increase public awareness, strengthen legal systems and policies, increase the capacity of law enforcement agencies, and increase victims' access to support services. With these steps, it is hoped that legal protection for child victims of sexual violence can be improved, victims receive justice, and prevention of sexual violence against children becomes a priority that is implemented comprehensively and sustainably. Increasing public awareness, strengthening the legal system, increasing the capacity of law enforcement agencies, and increasing victims' access to support services will play an important role in protecting children from sexual violence and creating a safe environment for their future.

Persons with Disabilities and Legal Aid as A Form of Protection

K Kuswardani, Kiki Samudera — Mon, 18 Mar 2024 00:00:00 +0700

Discriminatory treatment of people with disabilities occurs in various fields, one effort to eliminate this treatment is to involve the legal profession by providing legal services in the form of assistance, help or support. The legal services provided should be in accordance with the provisions of the law on persons with disabilities. This research uses empirical legal research sourced from observations, literature studies and interviews. The data used in this research is primary and secondary data which shows that there are various problems in the law enforcement process, especially those related to disabilities in dealing with the law, so there needs to be commitment from both the duty bearer, the legal profession and the community.

Legal Protection of Local Product of Kopi Tambora as A Product of Geographical Indications in West Nusa Tenggara Province

Ika Saputri, Taufik Firmanto, I Ilyas, Z Zuhrah, E Erham, Ainun Wulandari — Mon, 18 Mar 2024 00:00:00 +0700

Introduction, This article is a legal research that discusses the legal protection of local Kopi Tambora products as a product of geographical indications in the province of West Nusa Tenggara. The methods used in this study are normative legal research methods, with several approaches used, namely, the statutory approach, the concept approach, the historical approach, and the analytical approach. Novelty, from this research it was found that the efforts to protect the law against the local Kopi Tambora product as a geographical indication product by the West Nusa Tenggara Province government had not been optimal. Result & Discussion , from this study it was found that the legal protection efforts for the local Kopi Tambora product as a product of geographical indications by the West Nusa Tenggara Provincial government were not optimal. The NTB regional government needs to pay attention to and increase supervision of the legal protection of geographical indications for Kopi Tambora in order to maintain the uniqueness of local products as a regional identity so as to avoid claims by other regions for local Kopi Tambora products to be able to compete nationally and internationally. Conclision, that the legal protection for local Kopi Tambora products as a product of geographical indications in West Nusa Tenggara Province is not optimal. The lack of attention and supervision by the local government in protecting local products as a geographical indication does not rule out the possibility that Kopi Tambora that has been registered with the Directorate General of Intellectual Property (DJKI) may have its protection removed as a geographical indication. Supervision from the local government on legal protection for local Kopi Tambora products as a geographical indication will make Kopi Tambora a product that is not only worth selling at the regional level but can also compete in national to international markets so that it can increase MSME income and regional income.

Judge's Ruling in Wanprestation Lawsuit

Reyhan Agusta, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

In life in society, problems related to non-performance in an agreement often occur in society. The research method used is a normative juridical approach. The difference between this article and the previous article is the different research objects, as well as using court decisions from different locations. The judge's considerations in deciding the case Sukoharjo District Court Decision No. 81/pdt.G/2022/PN.Skh, and Yogyakarta District Court Decision No. 120/Pdt.G/2022/PN.Yyk has something in common, namely that the judges both decided to grant it in part.

Tenure of Other People's Land without Rights (Case Study of Court Decisions No. 16/Pdt.G/2018/PN.Skh and No. 82/Pdt.G/2022/PN.Yyk)

Anjar Sari, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

Arbitrary land ownership is a crime where a person controls a plot of land without proof of ownership, but turns out to be the legal owner of the land in question.The research method used in this research is a normative juridical approach.This research approach is based on legal sources in the form of statutory regulations and court decisions related to control of land belonging to other people without rights. The research in this article is different from previous research which lies in the formulation of the problem raised and the location of the case. Regarding the regulation of control over land belonging to other people without rights, from the perspective of Islamic law, land that already has ownership rights is prohibited from being contested by anyone without the owner's consent.

Forest Destruction on Sumbawa Island West Nusa Tenggara in An Ecological Justice Perspective

M. Yahya, Taufik Firmanto, G Gufran, S Sukirman, A Adnan, Muhamad Amin — Mon, 18 Mar 2024 00:00:00 +0700

This article is the result of legal research that analyzes forest management policies by the regional government of West Nusa Tenggara (NTB), especially on the island of Sumbawa, in relation to increased production of corn planting which has resulted in an environmental crisis in the form of forest destruction. The purpose of this study was to analyze forest destruction on Sumbawa Island, West Nusa Tenggara Province from the perspective of Ecological Justice, by conducting an analysis of forest management policies on Sumbawa Island. The method used in this study is a normative research method with a conceptual approach, statutory approach, and analytical approach. The results of this study indicate that there has been massive forest destruction, many of the forests on the island of Sumbawa have been denuded by the expansion of community farming land. This is the cause the occurrence of floods in the rainy season and drought in the dry season which often occur every year, especially in the districts of Sumbawa, Dompu, Bima Regency and Bima City. Government policies that are more progressive and environmentally friendly are needed in cope damage forests, with a priority on economic growth as well as taking into account the conditions of the community and environmental conditions with an outlook on ecological justice.

Socialization of Legal Understanding towards Street Merchants (PKL) who Provide Trading in Locations that are Prohibited from A Progressive Law Enforcement Perspective

Mia Putri Indriyanty, Taufiq Nugroho — Mon, 18 Mar 2024 00:00:00 +0700

Cases of murder of children by biological mothers in Indonesia still occur frequently and are in the public spotlight. In the case study of Decision Number 333/PID.SUS/2021/PN BKS, a biological mother was charged with the murder of her own biological child who was only 9 months old. In the indictment, the public prosecutor used Article 75 paragraph (2) of the Republic of Indonesia Law Number 36 of 2009 concerning Health as a legal basis for charging the perpetrators. The article states that anyone who violates health provisions that causes the death of another person can be charged with imprisonment. In terms of juridical payments, Article 75 paragraph (2) of the Republic of Indonesia Law Number 36 of 2009 concerning Health is indeed relevant to the case of child murder by the biological mother. However, in this case, there were several weaknesses in the public prosecutor's indictment. First, there is no medical evidence indicating that the child's health was seriously impaired due to the mother's violent or negligent actions. Second, there is no strong evidence that the mother's violent actions or actions were detrimental to killing her child. In an effort to prevent cases of killing children by biological mothers in the future, the government also needs to increase public awareness about the importance of child health and protection. Education on how to care for children properly and how to deal with stress in pregnant women or mothers with young children also needs to be improved. In addition, the government also needs to strengthen supervision of acts of violence or negligence against children to prevent cases of homicide by parents or guardians that harm the health and life of children.

Analysis of Judge's Ruling Number: 45/Pdt.G/2020/PN.Pwd Concerning Violation of Individual Guaranteed Land

Osila Rama Sagita, Moh. Indra Bangsawan — Mon, 18 Mar 2024 00:00:00 +0700

Decision Number: 45/Pdt.G/2020/PN.Pwd is the final result of a conflict that occurred between Paryadi and PT BRI, KPKNL, and Notary Moch Farchan Ali Imaron. This conflict occurred when Paryadi borrowed a sum of money from BRI with a land certificate as collateral, then several times it turned out that Paryadi was unable to keep up with the installments that were supposed to be made. BRI then held an auction for the land and finally sold it. It turned out that the auction did not reveal Paryadi as the original owner of the land, so this case was brought to court. On the one hand, the court paid attention to the flaws in the auction carried out by BRI and KPKNL which could result in the auction being null and void, but in terms of evidence, Paryadi was unable to provide evidence that was strong enough to defend himself. And in this agreement, it turns out that there are many things that are considered flawed and can make an agreement flawed and null and void. This research uses a normative juridical method, which uses a legal approach which is the basis for an agreement to occur.

Study of The Judge's Considerationstothe Crime of Theft under Avery Circumstances (Study Decision Number 236/PID.B/2021/PN KLN)

Muhammad Ikhsan Rifai, Natangsa Surbakti — Mon, 18 Mar 2024 00:00:00 +0700

The author of writing this journal aims to analyze and find out the problems in cases of theft committed by perpetrators. The Panel of Judges in implementing an element of the crime of theft in line with Article 363 paragraph (1) 3rd, 4 and 5 of the Criminal Codes. In the defendant's action it was proven valid and able to meet the elements, namely: Whoever, took something that is wholly or partly owned by another persons, the elements with the intention to own it by means of violating an applicable law, the action was carried out at night in the house, which then it was done by someone who was there who the owner did not know or wanted. Furthermore, the panel of judges stipulated a decision, namely, declared the defendant valid and could indicate that he was proven guilty when he committed the crime of theft under aggravating circumstances, because of this matter the defendant was valid and firmly guilty of the crimes of theft under aggravating circumstances; Sentenced the defendant 2 (two) years in prison.

Juridical Review of Land Disputes Against Unlawful Actions (Case Study Decision No. 27/ Pdt.G/ 2021/ Pn.Spt)

Nur Achmad Azi Ibrahim, R Rizka — Mon, 18 Mar 2024 00:00:00 +0700

Humans and land cannot be separated because human life depends on land. Land has a very important value for humans because almost all human needs are related to land, from birth to death. Humans have an emotional and spiritual connection to land, which is not seen as a commodity with economic value, but also has cultural, customary, economic and spiritual elements that are valuable for the owner. Because of this, land disputes often occur, as in Decision no. 27/ Pdt.G/ 2021/ Pn.Spt. This research uses a normative juridical method by examining library materials related to the decision. The results show that the factors causing land disputes are the lack of regulations regarding land rights and unclear land ownership documents in the past. Therefore, the plaintiff's claim must be declared inadmissible, and the arguments of the claim must be explained specifically to determine what actions violate the law.

Juridical Review of Granting Licenses for Analysis of Environmental Impact in The Environmental Office of Boyolali District

Safira El Ulya Wahid, R Rizka — Mon, 18 Mar 2024 00:00:00 +0700

The environment plays a role in everyday life, so environmental protection and management is needed. This research contains a juridical review of granting AMDAL permits at the Boyolali Regency environmental service. This research aims to determine the granting of AMDAL permits in Boyolali Regency and to determine the implementation of granting AMDAL permits in Boyolali Regency. This research uses normative and empirical research. The data in this research uses literature study and direct interviews with the Environmental Service. The results of this research explain the preparation of AMDAL through several stages, including screening, scoping, preparation of KA-ANDAL, preparation of ANDAL, preparation of environmental management plans, preparation of environmental monitoring plans and reporting. The implementation of AMDAL permits in Boyolali Regency includes the construction of a mall, hotel and Grand Maharani business center, construction of the Asy Syifa Sambi general hospital, and development of the PKU 'Aisiyah Boyolali hospital.

Trademark Dispute Resolution in Indonesia: Case Study of the Dispute between the Trademarks "Pure Kids" and "Pure Baby"

Vena Salsabilla — Mon, 18 Mar 2024 00:00:00 +0700

Brands can result in unhealthy trade competition because similar products can be distinguished by their origin, quality and guarantee that the product is original. So efforts to provide protection for brand rights are only given to business actors or companies whose brands already existter.For brands that are already available after and proven to imitate or plagiarize brands that have already been established Therefore, there will be an opinion regarding sanctions for cancellation and deletion of the brand in accordance with Article 76 to Article 79 of Law Number 20 of 2016. The problem in this research is that there are similarities in essence or overall in the Pure Kids brand and the Pure Baby brand which results in losses for one of the parties. This research will also discuss brand protection in Indonesia.Researcherthis is using normative juridical research methods which means that in this research it refers to legal norms contained in statutory regulations. The resolution of the trademark problem between the Pure Kids brand and the Pure Baby brand can be done by filing a lawsuit with the Commercial Court in accordance with Article 83 of Law Number 20 of 2016. The results of this research show that the Brand pricing in Indonesia is by system first tofileas well as the Regional Applicant Brands must act in good faith. In the dispute over the Pure Kids brand with Pure Baby, the judge granted the Plaintiff's lawsuit because the Plaintiff's brand was already establishedyesftaras well as the Defendant's brand oundanmany similarities with the Plaintiff's trademark.

Juridical Review of Protection for Victims of Minor Sexual Violence

Indah Gita Cahyani, R Rizka — Mon, 18 Mar 2024 00:00:00 +0700

The aim of this research is to identify legal protection for child victims of sexual crimes. An empirical research approach was applied in this research. According to the findings of this study, legal protection for child victims of sexual relations crimes is provided with the aim of protecting victims, especially victims of sexual relations, to obtain their rights as victims through providing health services to children in an effort to restore the situation of children as victims of sexual relations. sexual. Children also receive legal protection in the form of legal aid, rehabilitation and prevention. There is a need for fair criminal legal solutions for victims of sexual relations, which add to or take into account the rights of victims of sexual relations, and parents must participate in efforts to provide protection for children by fulfilling children's rights, protecting children's best interests, and increasing supervision. towards children.

Juridical Analysis of Inheritance Law for Heirs Whose Presence Cannot Be Established According to the Civil Code

Alfian Kurniarizki, Arief Budiono, Turdialiev Mukhammad Ali Polatjon Ogli — Mon, 18 Mar 2024 00:00:00 +0700

The heirs whose whereabouts cannot be known are heirs who have lost news so that it is not known whether he is still alive or dead. Or it can be called a missing person. In fact, many heirs ignore the inheritance rights of heirs whose whereabouts cannot be traced. Based on this background, this research was conducted with the aim of explaining the inheritance regulations for heirs whose whereabouts cannot be determined and the legal consequences for heirs whose existence is known after the distribution of inheritance. The research method used in this study is normative legal research using secondary data in the form of laws, court decisions, and related literature. This research also shows that in practice, there are various problems in determining the whereabouts of unknown heirs, such as difficulties in finding sufficient information and evidence to determine the existence of heirs, as well as differences of opinion regarding whether unknown heirs are entitled to receive a share of the inheritance.

Analysis of Consumer Protection for Medicines and Foods That Are Not Registered with BPOM

Bayu Nugroho, Arief Budiono — Mon, 18 Mar 2024 00:00:00 +0700

The author writes a journal by analyzing and explaining BPOM's goals in enforcing and enforcing consumer protection regulations based on the Consumer Protection Administration Law No. 8 of 1999. In this case the Food and Drug Supervisory Agency (BPOM) has a role and responsibility for the circulation of each drug and food product in the framework of granting permits for each drug and food product circulating in the community. The Food and Drug Supervisory Agency (BPOM) is a government agency responsible for drug and food control. The Consumer Protection Law prohibits the manufacture of goods for the general public, namely the types of goods listed in Law Number 8 of the Republic of Indonesia concerning Consumer Protection for the purpose of increasing knowledge and skills (1999 Consumer Protection Law). violated because of the indiscriminate nature of the company's behavior. and independence of consumer self-defense. Protect the dignity of customers by protecting them from harmful use and oversupply of services. Empowering consumers by letting them choose the products they want to buy and asserting their legal rights.

Law Enforcement Based on the Age of Thinking (Mesu Budi): Beyond Call for Duty

Sigit Sapto Nugroho, Taufiq Yuli Purnama, Bambang Sukarjono, Yuni Purwati — Mon, 18 Mar 2024 00:00:00 +0700

This article aims to develop a model of thinking for law enforcement officials with a model of thinking that enters the dimension of depth, namely looking for hidden meanings and values in the object being examined through sharp thinking (mesu budi) or using spiritual intelligence. Spiritual intelligence does not want to be limited by benchmarks, nor is it only contextual, but wants to get out of the existing situation in an effort to find deeper truths, meanings or values. The sharpness of thinking (mesu budi) is a concretization of the transcendental approach in law enforcement and is interesting to be linked to ways of thinking in law, which in turn affects one's actions in carrying out the law, especially judges in court. The interaction between law combined with spiritual values in the context of law enforcement is very important, which includes: ethics, morals and religion. In the end, spiritual thinking or spiritual intelligence as a concretization of the transcendental approach becomes an offer or formulation and even an antithesis of a non-systematic and positivistic-legalistic paradigm or approach, in the context of law enforcement to dig deeper (dive to depth / think falsafati), there will be found divine values, human values, justice values, and the value of benefits.

Fulfillment of Rights for Victims of Environmental Pollution Study of the Bengawan Solo River, Kebakkramat District, Karanganyar Regency

Adil Amrulloh, Hanifah Febriani — Mon, 18 Mar 2024 00:00:00 +0700

The aim of this research is to identify the fulfillment of rights for victims of environmental pollution in the Bengawan Solo River Study, Kebakkramat District, Karanganyar Regency. An empirical juridical approach is applied in this research using qualitative methods. This research found that pollution in Kebakkramat District, Karanganyar Regency includes strong odors and agricultural production is not optimal. Apart from that, fulfilling the rights of residents around the river is also limited to assistance, for example in the form of fertilizer. Meanwhile, other needs such as health and compensation were not found.

Authority of The General Court in Detention of The Ship Juridical Analysis of Surabaya District Court Decision No.140 K/Pid.Sus/2012

Kania Ankaa Prasetya, Aidul Fitriciada Azhari, Anugrah Nur Prasetyo — Mon, 18 Mar 2024 00:00:00 +0700

Indonesian courts play an important role in determining the legality of detaining vessels as evidence and ensuring the rights of the parties are protected. The court has the authority to determine the legality of the detention and release the ship if there is insufficient evidence to prosecute or if it turns out that the detention is illegal. This research uses descriptive analytical research methods and a normative legal approach. This research uses the 1982 UNLCOS theory and expert opinions from Cornelis von Bynkershoek, Galliani and Azumi. This research focuses more on discussing ship detention procedures in general justice and ship detention as a form of collateral confiscation. Meanwhile, previous studies focused more on implementing regulations, conformity with civil regulations, the readiness of the courts to implement them, the benefits of implementing P and I in transportation contracts in Indonesian maritime areas and what forms of responsibility apply to carriers in Indonesian Sea Transportation. This research found that every ship will be detained if it does not have a Fishing Permit (SIPI) as intended in Article 27 paragraph (1) to catch fish in Indonesia. Ships that do not have SIPI will be subject to Articles of Law no. 31 of 2004 and Law no. 45 of 2009 so that the ship will be detained by the authorities. The anchoring of the ship is in accordance with Article 93 paragraph (3) of Law No. 45 of 2009 and has a legal basis in Article 1134 of the Civil Code, Article 1878 of the Civil Code, and Article 214 of the HIR/RBG. Based on these results, it can be explained that the process of detaining ships in Indonesia is handled through the courts, and the courts have the authority to issue orders for detaining ships in civil cases involving maritime lawsuits.

Bank Customer Protection Law from Skimming Crimes: According to The Consumer Law and The Banking Law

Fajriansyah Anugraha, Hanifah Febriani — Mon, 18 Mar 2024 00:00:00 +0700

The purpose of this article is to explain the legal protection and responsibility of banks for the security of customers' personal data and customer deposits at the bank in cases of skimming crimes. This research uses a juridical-normative approach, namelyby researching library materials, namely primary and secondary legal materials. Data collection was carried out through literature study. The results of this research indicate that the bank is responsible for losses experienced by customers due to theft using the skimming crime mode, if proven by CCTV cameras and there is no negligence on the part of the customer who is the victim. Legal protection for customers is related to the reporting obligations offered by banks, namely Law no. 8 of 1999 concerning Consumer Protection and PBI no. 16/1/PBI/2014.

Analysis of Payment Transaction Systems Through QRIS: Regulations and Their Role in Realizing a Digital-Based National Economy

Mon, 18 Mar 2024 00:00:00 +0700

In this modern era, digital-based transaction systems can’t be separated from people's lives. The characteristics of digital-based financial transactions are practical, fast and efficient in consequence they can be able to facilitate the needs of the public in implementing payment transaction activities. In order to realize this, preparation is needed by considering various aspects such as regulations, facilities and infrastructure. The government through Bank Indonesia has responded by issuing QRIS as a QR code based payment. Bank Indonesia is also required to set regulations and prepare everything related to digitalization of the financial economy in Indonesia thus it can realize digital-based financial economic inclusion. Therefore, in writing this article the researchers tried to analyze and examine regulations and the role of QRIS in realizing a digital-based economy and creating an inclusive financial ecosystem.

Online Criminal Case Trials from A Normative Perspective and Substantive Justice

Aziza Azra Larissa, Muchamad Iksan — Mon, 18 Mar 2024 00:00:00 +0700

In 2020, the Covid19 pandemic outbreak has affected not only Indonesia but has contaminated all countries throughout the world and has had an impact on all aspects of life, including the judicial aspect or the legal services of judicial institutions. This situation also forced the Supreme Court to move to implement policies to realize official duties from home, which also applies to judges and court officials. Due to the dire situation, courts which are generally held conventionally have shifted to online justice, i.e. carried out over long distances. This research article applies normative juridical research methods by examining library materials, namely primary and secondary legal materials. The data collection technique uses library research, by collecting data and information or legal materials related to the substance of the research. After the legal materials are collected, analysis is carried out and appropriate conclusions are drawn regarding the problems contained in the problem formulation. This research applies data analysis techniques using deductive logic. This conclusion is based on an analysis of the problems of online trials viewed from a normative legal perspective accompanied by the rules.This online trial is clear evidence of the Supreme Court's responsibility to the public to provide fast, simple and accurate services without delaying or hindering the public in achieving benefits and access to justice. Because, for the Supreme Court "Justice Delayed, Justice Denied" means that if justice is delayed, there is no justice.

Juridical Review of Supreme Court Ruling Number 7/Pdt.Sus.HAKI/2021/PN Smg

Ali Mukti Nur Hidayat, Aidul Fitriciada Azhari — Mon, 18 Mar 2024 00:00:00 +0700

The importance of brands as a differentiator to avoid imitation is growing as a result of the increasing number of imitations that occur as a result of increasingly advanced trade and wider marketing reach, so that legal protection for brands is increasing. The analytical method uses a literature study. The discussion of the findings of this study is based on the opinions of legal experts and relevant academic journals. This study shows that in a declarative system, the priority of brand rights is determined based on the date of first use. Consequently, the system provides protection even to those who do not officially register their trademarks, allowing them to claim the first use at any time. As stated in its previous ruling, the Tribunal concluded that the two marks have disconcerting similarities in form, composition, combination, elements, sound, sound and appearance. Because PT Surabaya Top and Teh conveyed identical visual, phonetic and conceptual impressions, the group decided that the two were basically identical. The conclusion of this study is that the judge's a quo decision was based on the fact that all elements of similarity exist in the principal and the entire JAGUAR brand which causes harm to the plaintiff, even though his business processes and work are in conflict with the company he named himself which cannot be taken carelessly by others.

Judge's Consideration in Polygamy License for The Reason of Siri Marriage (Study of Decisions in Case Number 1309/Pdt.G/2020/PA.Sal, Case Number 309/Pdt.G/2018/PA.Wno and Case Number 280/Pdt.G/2017/PA.Sgt)

Dea Shinta Rahmawati, Marisa Kurnianingsih — Mon, 18 Mar 2024 00:00:00 +0700

Marriage is an interior and outer bond between a man and a woman as husband and wife with the goal of forming a happy and eternal family (household) founded on faith in the Almighty God. To enter into a polygamous marriage, the partner or applicant must meet the alternative and cumulative polygamous marriage requirements. According to Islamic law and positive law, polygamy is permissible (mubah). Polygamy continues to be a controversial issue in Indonesia. Polygamy is believed to be harmful and miserable for women, while it only benefits men. The permissibility of polygamy in Islam is not a form of inequality between men and women, considering that the conditions for polygamy are very strict. Men who wish to practice polygamy must be able to comply with the legally stipulated requirements and principles of polygamy. The judge's consideration is his opinion in making a decision, which must consider the mitigating and aggravating circumstances of the applicant. In this case, the author uses a normative legal approach as a research methodology. Descriptive qualitative research was used in this study, namely research to describe carefully, thoroughly, and population characteristics or special aspects. The data source used in this study comes from other sources and therefore is secondary. This paper attempts to identify and explain the factors considered by judges in allowing polygamy based on unregistered marriages, as well as ascertaining the legal basis and factors used by judges to allow polygamy.

Legal Construction of Judge Rule Number: 798 / Pid.B / 2022 / Pn.Jkt.Sel Justice Collaborator against Police Status Position Bharada Eliezer

Mon, 18 Mar 2024 00:00:00 +0700

Purpose: The purpose of this study is to determine the position of Bharada Eliezer against Decision Variety; 798/Pid.B/2022/PN.Jkt.Sel related to Justice Collabolator police status position and the Police Code of Ethics Decision related to Bharada Eliezer's Police Status. Methodology: This research makes use of a normative juridical research method, a conceptual technique, and a statutory technique. Results: Basically a person who commits a criminal offence of taking the life of another person is a violation of human rights and deprivation of the right to life especially when the person who commits the murder is a law enforcer and remains a member of the police, but in this case with the consideration of the judge and the consideration of the official in charge of the KKEP hearing because the perpetrator is submitted as a justice collaborator feared by irresponsible parties abused. Applications of this study: Provide input to all members of the National Police so as not to commit acts that violate the laws and regulations and the code of ethics of the police profession and tarnish the good name of the police organization or agency. Novelty/Originality of this study: There is a need to update the requirements and guidelines for justice collaborators because some criminal offenses that harm the state and extraordinary crimes really need justice collaborators to shed light on a criminal offense that was initially blurred in the facts.

Legal Enforcement Against Pig Farm Waste Pollution is Reviewed from Permitting Law and Islamic Law

Fahma Pantria — Mon, 18 Mar 2024 00:00:00 +0700

Due to the difficulty of disposing of pig waste, the pig farming industry in Jetiswetan Pedan Village is causing environmental problems. This research aims to find out how law enforcement handles waste disposal in cases of river pollution by pig feces in Jetiswetan Village, Klaten Regency, as well as the factors that are obstacles for the Environmental Agency in dealing with river pollution by pig feces in Jetiswetan Village. In this research, the problem of law enforcement regarding the disposal of pig waste into the Jetiswetan river in Klaten Regency will be examined in accordance with licensing laws and Islamic law. This research uses qualitative legal research in the legal field. The data source is primary information collected directly from respondents or informants. The study findings show that law enforcement in Klaten Regency regarding the discharge of pig waste into the Jetiswetan river is still inadequate. The environmental agency will enforce waste disposal laws through direct observation in the field. Efforts to overcome pollution of the Jetiswetan River by pig waste have become an obstacle for environmental institutions because there are still many entrepreneurs who do not have waste disposal sites. Apart from that, there are additional obstacles, namely lack of socialization, facilities and/or facilities. This study suggests that in enforcing the law, environmental institutions must be more assertive in preventing environmental violations, and citizens and business actors in the form of pigs must better appreciate the importance of a clean and unpolluted environment.

The Role and Function of The Financial Services Authority in The Supervision and Protection of Consumers against Illegal Online Loans

Mon, 18 Mar 2024 00:00:00 +0700

This journal with the title "The Role and Functions of the Financial Services Authority in Consumer Supervision and Protection of Illegal Online Loans" was prepared using a normative juridical approach with data collection techniques with the help of various materials available in the library. This journal aims to convey information related to the functions, powers and duties of the Financial Services Authority according to Law no. 21 of 2011, online lending practices in Indonesia, and the supervision of the Financial Services Authority against consumers of illegal online loans in Indonesia. In addition, the purpose of compiling this journal is as educational material for the public if they are going to make online loans, they should be done in a legal way through the Financial Services Authority. If you make an online loan illegally, it will cause material losses for the borrower himself and will not get any protection from the Financial Services Authority.

The Role of The Financial Services Authority (OJK) as A Supervisor in Digital Financial Institutions (Financial Technology) in Indonesia

Mon, 18 Mar 2024 00:00:00 +0700

Nowadays, technological developments are increasingly rapid, extending to digital-based financial institution services or financial technology (fintech). Fintech emerged to provide financial services easily and efficiently to receive a product or related loan funds. The Financial Services Authority (OJK) as an independent institution that supervises the financial sector has an important role in expanding and improving its supervision of digital-based financial institutions as an effort to protect consumers. This research uses normative juridical research methods, namely analyzing positive legal rules and norms related to OJK such as Law no. 21 of 2011 concerning the Financial Services Authority and Financial Services Authority Regulations (POJK) and this research is descriptive because it explains the picture regarding the role of the OJK as a supervisory institution regarding the growth of innovation in technology-based financial services. In carrying out its role, OJK uses two methods, namely pre-operational business methods which are related to before fintech is created and methods during business operations which are related to fintech when it has been implemented. In such a way, the regulations that have been made must be carried out appropriately to protect the interests and security of users.

Handling of Murabahah Financing for Customers who Die before The Date

Mon, 18 Mar 2024 00:00:00 +0700

In Islamic banking there is a murabahah system in which the system uses buying and selling instruments by taking advantage. Where the murabahah is used as another option for customers to solve financial problems when they have difficulty buying an item. Islamic banking takes murabahah efforts with the aim of providing short-term financing to customers to obtain goods even though the customer does not have enough money to make payments. The purpose of this research was to find a way to do so murabaha settlement efforts are for customers who die before maturity. The impact of murabahah for the customer who dies is that the debt is borne by the heirs of the customer.

Accommodation of Vicarious Liability in Advertising Endorsement Agreements in Indonesia

Nuriyyah Nailis Shaadah — Mon, 18 Mar 2024 00:00:00 +0700

The purpose of this research is to conduct research on Vicarious Liability accommodations in endorsement agreements. Vicarious Liability is a doctrine in civil law that allows someone to be held legally responsible for the actions of another person, in this case the endorser. Endorsement contract agreements, as a form of compensation between creators and endorsers, have their own characteristics and dynamics that influence the accommodation of the Vicarious Liability doctrine. The current research uses a normative doctrinal research method with a focus on an in-depth analytical approach from various legal standards, such as statutory regulations, court decisions, and legal doctrine relating to the accommodation of vicarious liability in endorsement contract agreements. The analysis was carried out qualitatively by identifying and analyzing arguments and examining the views of relevant legal experts. It is hoped that the results of this research will provide a better understanding of vicarious liability accommodation in endorsement contract agreements, including related legal aspects, controversies and challenges faced in its implementation. It is also hoped that this research can contribute to the development of legal theory and practice in the context of endorsement and vicarious liability agreements in Indonesia.

Legal Protection of Victims of Fake And Lie News (Hoax) in The Electronic Transaction Information Law

Hakni Kusuma Muahammad Reyhan Arkan, Hanifah Febriani — Mon, 18 Mar 2024 00:00:00 +0700

Today the pace of information development that no longer recognizes barriers and boundaries, as a result of globalization and technological advances deserves more attention from a legal perspective. Technological progress has a myriad of benefits but also has various challenges that must be faced, in this case the rapid spread of information through social media whose validity or truth cannot be easily determined. Evidence of the negative impact of technological progress can be seen in the many cases caused by the misuse of technology to commit fraud, especially in spreading hoaxes and electronic transactions, so that in this study the focus is on being able to see a legal perspective in protecting victims of fake news and lie (hoaxes). This research was analyzed using normative juridical and qualitative descriptive methods. This study aims to confirm that the basic regulations for the spread of fake or fake news (hoaxes) have been regulated in Law No. 19 of 2016 precisely in article 28 paragraph (1) and article 27 paragraph (3), besides that the author through this research wants to focus on legal protection for victims of fake and fake news (hoaxes) that are in effect at this time, the article besides these rules there are other regulations relating to the spread of fake and fake news (hoaxes), namely article 14 and article 15 of Law No. 1 of 1946, as well as article 311 and article 378 of the Criminal Code. This research will produce answers regarding legal protection that can be sought by victims of spreading fake news and lies (hoax).

Legal Protection for Trademark Rights Holders according to Indonesian Law

Muhamat Farera Syahbria Hutama, Moh. Indra Bangsawan — Mon, 18 Mar 2024 00:00:00 +0700

Basically, humans must always use their minds to think, because thinking is an activity that humans cannot avoid in life. Humans have different intellectual capacities to process their thoughts, and those thoughts create things in the form of ideas or ideas and imagination. This form of idea or concept is then called Intellectual Property Rights (IPR). A trademark is part of Intellectual Property Rights which cannot be separated from the meaning that trademark rights originate from discoveries in other parts of Intellectual Property Rights, for example copyright. In a brand there are several parts of the creation, such as the logo or letter design. For manufacturers, a brand is a representation and good name for the company, nothing more than an element of business strategy. This writing article also applies normative juridical writing methods by researching library materials, namely primary and secondary legal materials. The data collection technique uses library research, by collecting data and information or legal materials related to the substance of the research. After the legal material has been collected, an analysis is carried out and a suitable core is drawn from the problems contained in the problem formulation. This writing also applies data analysis techniques through deductive logic. The trademark registration system in Indonesia based on the MIG Law follows a constitutional system on the "first to file" principle, the first registrant obtains protection and exclusive rights for the trademark. Privilege rights are rights obtained after registration of a trademark, these rights can be used by the owner of the registered trademark to use or exploit the registered trademark, other parties do not have the right to use the trademark.

The Urgency of the National Insight Test as an Instrument for Assessment of Acceptance of the Corruption Eradication Commission

Ulfah Dwi Rahmawati, Adik Sukmawati, Engine Kubota — Mon, 18 Mar 2024 00:00:00 +0700

The purpose of this study is to describe the implementation of the National Insight Test in the acceptance of the State Civil Apparatus at the Corruption Eradication Commission and the concept of a fair and transparent National Insight Test. The National Insight Test is a material test that aims to test how good the insight and knowledge of candidates for the State Civil Apparatus are about Pancasila, the 1945 Constitution, Bhineka Tunggal Ika, the Unitary State of the Republic of Indonesia, nationalism, Indonesian language, and insight into the pillars of the state. The method used in this research is the normative legal method (juridical-normative) using normative data, the data collection technique used isLibrary Research, and legal materials are processed by Content Analysis. The National Insight Test, which was used as a condition for transferring the Corruption Eradication Commission's employment status to the State Civil Apparatus, was considered very odd, and it was estimated that there was a mastermind who manipulated the data from the results of the National Insight Test.

Legal Reasoning for Interfaith Marriage Case Study Yogyakarta District Court Decision Number 378/Pdt.P/2022/PNY.yk

Rizza Rohmatul Hasanah, M. Junaidi — Mon, 18 Mar 2024 00:00:00 +0700

This journal discusses the decision of the Yogyakarta district court Number 378/Pdt.P/2022/PNY.yk in the case of interfaith marriages. The purpose of this article is to analyze the legal reasoning used by the court in deciding this case. The method used is a case study, with data collection techniques through analysis of court decision documents and related literature. The results of the analysis show that the court uses legal reasoning by considering statutory regulations, previous court decisions, as well as information and evidence presented by both parties. The court also considers the interests and welfare of the child in deciding the case. In conclusion, this article shows that the legal reasoning used by courts in deciding cases of interfaith marriages is important to understand in the context of protecting individual rights and family welfare.

The Influence of Convenience and Quality of Information on Student Interest in Using M-Banking Services at Bank Syariah Indonesia

Mon, 18 Mar 2024 00:00:00 +0700

"The Influence of Quality of Information on Student Interests in the Use of M-Banking" is the title of the article. Customers who serve as supporting facilities for the activities of all levels of society may be interested in technological advancements in this rapidly expanding era of globalization. One of the data advances in Islamic banking is the m-banking administration which is the improvement of two past types of development in Islamic banking, to be specific sms banking and web banking. It is hoped that the potential customer will decide to use m-banking services if they have shown interest. This indicates that a potential customer's interest is the most important factor in deciding whether or not to use information technology. The study's formulation of the issue:In order to effectively explain the claims made in the article's title and find reliable data, this qualitative study looked at relevant facts and theories.

Analysis of The Legal Basis of Non-Bank Financial Institutions in Conventional and Sharia Cooperatives

Mon, 18 Mar 2024 00:00:00 +0700

Financial institutions play an important role in the finances of a State. Financial institutions in Indonesia are divided into two, Bank Financial Institutions and Non-Bank Financial Institutions. Cooperatives as financial institutions function in helping the Indonesian economy, so based on this, the applicable bookkeeping must be analyzed so as not to have a negative impact on the Indonesian economy itself in the future. This research was carried out using the literature study research method which was sourced from existing literature. The analysis technique used uses data triagulation techniques, where the data obtained later aims to analyze the law that forms the basis of conventional and Islamic cooperative activities. In the research, it was found that there are laws that regulate the activities of cooperatives in Indonesia, both conventional cooperatives and sharia cooperatives.

The Effectiveness of The Principle of Consumer Recognition from Bank in Preventing The Crime of Money Laundering

Rafii Diaz Rasendriya, Aidul Fitriciada Azhari — Mon, 18 Mar 2024 00:00:00 +0700

This journal entitled "Effectiveness of the Principle of Getting to Know Consumers from Banks in Preventing the Crime of Money Laundering" focuses on research to determine policy arrangements for implementing the principle of getting to know consumers in the series of preventing criminal acts of money laundering through banking transactions. The problem in this writing is how to apply the principles regarding consumers in banking transactions and the obstacles encountered by banks in implementing the principles regarding consumers in banking transactions. Based on the problems that have been prepared, it can be concluded that in implementing the principles regarding consumers from banks in order to avoid criminal acts of money laundering, banks are obliged to implement principles regarding consumers continuously and significantly by implementing five basic elements, namely organizational policies, clear policies and procedures regarding consumer acceptance, provisions for ongoing updates and surveys on customer accounts and transactions, provisions for documenting files and reports of suspicious financial transactions, as well as risk management policies and internal regulations. Then, in implementing the principle provisions regarding consumers, all parties must be active in their implementation, both from the banking sector and the people who use banking services.