Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Analisis Putusan Hakim Nomor 16/Pdt.Sus-Desain Industri/2020/PN.Niaga.Jkt.Pst. antara Merek Geprek Bensu dan I Am Geprek Bensu
Full text linkBesides trademark, industrial designs are very valuable for every business actor in marketing, promoting and selling their goods and/or services to consumers. One of the industrial designs in the form of food packaging boxes functions as an identifier and marker for consumers. In this regard, each business actor is required to register their trademark and industrial designs with the Directorate General of Intellectual Property Rights of the Ministry of Law to avoid problems in the future. However, trademark and industrial design disputes cannot be avoided as the industrial design dispute that occurred between PT Ayam Geprek Benny Sujono and Ayam Geprek Ruben Samuel Onsu which resulted in a lawsuit at the Commercial Court at the Central Jakarta District Court with a ruling that canceled the industrial design registered in the name of Ruben Samuel Onsu. This scientific work examines the legal protection related to trademarks and industrial designs, the judge's considerations in canceling industrial design rights in the name of Ruben Samuel Onsu as stated in the Commercial Court Decision at the Commercial Court at the Central Jakarta District Court No. 16/Pdt.Sus Desain Industri/2020/PN.Niaga.Jkt.Pst and an analysis related to legal justice for the parties in the case related to the decision
Analisis Peran Polri Saat Negara dalam Keadaan Darurat Militer
Full text linkPolri's main responsibilities are to uphold public security and order, enforce the law, and provide protection and services to the public. During martial law and wartime, Polri functions as a State Defense Resource to carry out state defense operations. This study seeks to explain the function of Polri during Martial Law, drawing lessons from the implementation of Martial Law in Aceh. The Polri has a dual role, particularly a special function in assisting military operations, with deployment through mobilization to augment and improve the strength and capabilities of the TNI. Polri's role is to enforce the law and maintain security in areas under martial law, by ensuring compliance with applicable laws and regulations. This research utilizes a data collection strategy that involves information gathered through interviews and document analysis from various relevant sources. The conclusion that can be drawn is that it is imperative to consider the future role of Polri in the context of martial law and states of emergency, with regard to the regulation of duties, powers, and responsibilities, as well as the strategies employed by Polri. Effective law enforcement can provide a deterrent effect, suppress insurgents, and simultaneously gain legitimacy and public support. This research aims to enable Polri to participate in the implementation of Military Operations in the future
Perlindungan Hukum terhadap Identitas Batik Merawit Cirebon Sebagai Produk Indikasi Geografis: Tinjauan Realistis dalam Hukum Kekayaan Intelektual di Indonesia
Full text linkThe purpose of this study is to analyze the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product, the challenges and implications of geographical indication protection for craftsmen and the local economy. The method used in this study with a 4-month activity design with a scope related to intellectual property rights in geographical indications, the main materials and tools used are primary data sources, secondary data sources and tertiary data sources. Data collection techniques in the form of interviews and documentation so that the analysis technique is descriptive analytical. The results of this study are an analysis of the legal protection of Cirebon Merawit Hand-drawn Batik as a geographical indication product is to prevent counterfeiting and unauthorized use, increase competitiveness and economic value and maintain the sustainability of local culture and heritage. Then the challenges in the Implementation of Geographical Indication Protection are the lack of awareness and socialization, violations and counterfeiting that still occur and global competition and the implications of Geographical Indication Protection for Craftsmen and the Local Economy are increasing craftsmen's income, local economic development and protection of local community rights
Penyamaran Status Sosial dalam Pemanfaatan Beasiswa KIP-K
Full text linkMisuse of the Kartu Indonesia Pintar Kuliah (KIP-K) scholarship through falsification of personal data by economically capable individuals is a crucial issue that is detrimental to the underprivileged. This study aims to analyze the factors causing falsification of KIP-K data, its social impact, and the legal basis that regulates it. This study uses a normative legal approach with a literature study based on laws and regulations, books, and scientific journals. The focus of the study is falsification of personal data in the Kartu Indonesia Pintar Kuliah (KIP-K) program, reviewed from the aspects of criminal law and educational principles. Data collection was carried out through a review of legal documents and related literature, with qualitative analysis to understand the motives, impacts, and criminal liability. The results of the study show that the weak criminal sanctions in the Regulation of the Minister of Education and Culture Number 10 of 2020 and the online registration system that is vulnerable to manipulation encourage misuse. As a result, underprivileged people lose access to higher education, widen social inequality, and damage public trust in government programs. Law enforcement through Law Number 27 of 2022 concerning Personal Data Protection and Law Number 11 of 2008 concerning Electronic Information and Transactions needs to be harmonized to provide a deterrent effect. This study also aims to improve the integration of national databases and artificial intelligence technology for data verification to ensure that KIP-K is on target
Analisis Efektivitas Pasal 28 Ayat 2 UU ITE Nomor 1 Tahun 2024 dalam Perlindungan Korban Ujaran Kebencian Berbasis Sara di Media Sosial
Full text linkThis study analyzes the effectiveness of Article 28 paragraph (2) of Law Number 1 Year 2024 concerning Information and Electronic Transactions (UU ITE) in providing legal protection for victims of hate speech based on ethnicity, religion, race, and inter-group relations (SARA) on social media. Hate speech on social media is increasingly widespread and has the potential to threaten national unity. Although the UU ITE regulation prohibits the dissemination of information that incites hatred based on SARA, its enforcement faces various obstacles such as ambiguous legal norms, low digital literacy, and evidentiary challenges. This study uses a normative juridical approach with case analyses of Meiliana, Jozeph Paul Zhang, and Ahmad Dhani as examples. The findings indicate that victim protection is still inadequate, and law enforcement is not fully effective and fair. Therefore, a collaborative strategy involving the government, law enforcement, social media platforms, and the public is needed to address the spread of hate speech more effectively and justly
Implikasi Hukum Ketenagakerjaan terhadap Hubungan Industrial di Era Globalisasi
Full text linkThe era of globalization has brought significant changes in the structure and dynamics of industrial relations in various countries, including Indonesia. These changes include the liberalization of the labor market, the entry of foreign investment, and the adoption of new technologies and work systems that demand high flexibility in employment relations. This condition gives rise to various complex employment law implications, both in terms of labor protection, contractual flexibility, and the role of trade unions. This study aims to analyze how the Indonesian labor law system responds to the challenges of globalization in maintaining a balance between the interests of workers and employers and ensuring the stability of industrial relations. A normative legal approach is used by examining national laws and regulations, international conventions, and contemporary industrial relations practices. The results of the study show that there is still a gap between labor law norms and the reality in the field, especially regarding the issues of flexible employment, outsourcing, digitalization of the workforce, and protection of basic workers' rights. Therefore, it is necessary to reformulate employment policies that are adaptive, equitable, and oriented towards the development of harmonious and sustainable industrial relations in the global era
Evaluasi E-Court Sebagai Solusi Modernisasi Layanan Perkara Perdata: Kasus Pengadilan Negeri Metro
Full text linkMetro District Court is one form of public service that serves criminal and civil law issues. The form of public service needs to provide satisfaction to the community who need its services. The court innovates its services by using the E-Court system as a service in civil cases. The innovation of the E-Court system service is intended to improve services to the community. This study aims to evaluate the E-Court system as a service for civil cases at the Metro District Court. The method used is a qualitative approach with a descriptive research design. The types of data used in this study are primary data from interviews conducted with informants including judges, lawyers, court staff and the parties involved. Meanwhile, secondary data sources used in this study come from legal documents, reports related to E-Court. The data analysis used in this study is carried out with a descriptive approach to explain the data systematically according to the phenomenon being studied. The E-Court system can be said to be effective in supporting the Metro District Court in providing services to the public in civil cases. This can be seen from the timeliness process provided by the system in providing services where the system will provide fast service at a low price and can ensure that cases are handled properly. The existence of an E-Court system can support employees in improving the quality of service to the public by providing satisfactory service. Recommendations for further research include expanding similar technology to other types of cases and continuous evaluation of factors that influence the acceptance and implementation of technology in the justice system
Pengaturan Hukum Pengamanan Aset Tanah Kas Desa Berdasarkan Peraturan Perundang-Undangan di Indonesia
Full text linkAs a source of income for the village, village treasury land does not yet have specific regulations governing its management and utilization. As a result, Village Treasury Land cannot be utilized professionally, thus hampering Village development. To determine and analyze the legal arrangements for securing village treasury land is the purpose of this study. This study uses normative legal research methods with legal materials from statutory, conceptual, and historical laws by applying inventory, systematization, and interpretation techniques. Because specific regulations regarding village treasury land are not found in laws or implementing regulations below or in regulations equivalent to implementing regulations, the results of this study can be used to create Village Regulations. Therefore, to obtain legal certainty, the Village Head has the authority to create Village Regulations in the Utilization and Management of Village Treasury Land
Aktualitas Asas Itikad Baik dalam Praktik Pagang Gadai Sawah di Sumatera Barat
Full text linkThis study discusses the actuality of the principle of good faith in the practice of pawning rice fields in West Sumatra, especially in the context of Minangkabau customary law and Government Regulation in Lieu of Law Number 56 of 1960. This study aims to understand the application of the principle of good faith and identify the factors that become obstacles in the practice of pawning land. This type of research is a sociological legal research type. The object of the study is the rice fields, which are the objects of pawning. The subjects of the study are the Head of the Minangkabau Natural Customary Council (LKAAM) of West Sumatra and the Head of the Nagari Customary Council. The empirical legal research approach has a descriptive analytical nature with data collection techniques through observation, interviews, literature studies and documents. The analysis method is carried out descriptively and qualitatively. The results of this study indicate that the practice of pawning in Minangkabau has a matrilineal customary system and a high pusako property concept. The principle of good faith is very important in this practice, with both parties having to act honestly and fairly. However, there are several constraining factors such as legal developments, time periods, pawn requirements, and communication. Therefore, it is important to maintain the continuity of pawn practices and improve existing regulations by implementing the principle of good faith
Analisis Yuridis Pelaksanaan Corporate Social Responsibility (CSR) Pasca Pertambangan Indonesia
Full text linkThe implementation of post-mining Social Responsibility of Corporations (CSR) in Indonesia has become a major concern along with increasing awareness of sustainability and Social Responsibility of Corporations. The mining sector does contribute significantly to the national economy, but it also has negative impacts on the environment and surrounding communities. This investigation uses a normative juridical approach by analyzing various regulations, including Regulation Point 40 per 2007 concerning Limited Liability Companies, Regulation Point 4 per 2009 in conjunction with Regulation Point 3 per 2020 concerning Mineral and Coal Mining, Regulation Point 25 per 2007 concerning Investment, Regulation Point 32 per 2009 concerning Environmental Protection and Management, and Government Regulation Poin 47 per 2012 and Government Regulation Poin 96 per 2021. This study is based on the concept of sustainable CSR (Triple Bottom Line) and the theory of corporate responsibility, which emphasizes the balance of economic, social, and environmental aspects. A case study of corruption at PT Timah Tbk serves as an illustration to assess the gap between legal norms and practice in the field. The analysis shows that despite fairly comprehensive regulations, the implementation of post-mining CSR still faces various obstacles, such as legal uncertainty, weak oversight, limited human resource capacity, small budgets, low community contributions, and the absence of strict sanctions for violators. Therefore, CSR management reform is needed through strengthening regulations, increasing supervisory capacity, transparency in fund use, and active community involvement. The government is expected to play a more active role as a regulator, facilitator, and supervisor so that post-mining CSR can be implemented effectively, sustainably, and equitably