Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pembiayaan Berbasis Kekayaan Intelektual Akibat Wanprestasi oleh Para Pelaku Usaha Ekonomi Kreatif
Get PDFThe objects of debt collateral are generally objects that have a exists for (tangible asset) such as land, buildings, vehicles and so on. However, in Law concerning the Creative Economy, precisely in Article 16, it is explained that the government facilitates intellectual property-based financing schemes that have economic value for creative economy business actors which will be further regulated in a government regulation. In terms of supporting the use of intellectual property as collateral objects to obtain credit, the government issued Government Regulation no. 24 of 2019 concerning Implementing Regulations of Law concerning the Creative Economy. So that creative economy actors in this case can take advantage of these facilities to develop their potential. Based on this background, the author formulates two problem formulations, namely: how are intellectual property rights (IPR) regulated for creative economy businesses as objects of debt collateral? What are the resolution efforts if a dispute occurs due to default by creative economy business actors? This thesis research uses normative juridical methods with a statutory approach (statue approach) and conceptual approaches. The legal materials used are primary legal materials and secondary legal materials using the library study method of collecting legal materials with research analysis using deductive methods
Efektivitas Sistem Manajemen Keselamatan dan Kesehatan Kerja (SMK3) dalam Upaya Menekan Angka Kecelakaan Kerja di Kota Batam
Get PDFThe Occupational Safety and Health Management System (SMK3) is imperative as a preventive measure to mitigate workplace accidents within a company's environment. Indonesia has enacted legal regulations regarding SMK3, specifically Government Regulation Number 50 of 2012 concerning the Implementation of the Occupational Safety and Health Management System. Nevertheless, the existence of these regulations does not consistently enhance workers' awareness of their safety while at work. This research employs an empirical research method, gathering data through literature studies as secondary data and interviews with the safety officer of PT. GPI as primary data. The research findings conclude that PT. GPI has implemented SMK3 in Indonesia. However, the implementation of SMK3 at PT. GPI in Batam cannot be deemed effective due to the presence of workers unwilling to comply with the applied regulations, ultimately leading to workplace accidents. In addressing this situation, the company needs to enhance strictness and supervision of each worker to ensure compliance with every applicable occupational safety and health regulation
Implikasi Pembubaran Partai Politik terhadap Organisasi Sayap
Get PDFOne of the privileges afforded to political parties is the establishment of affiliated wing organizations, which play a crucial role in fostering party cadre. However, the legal framework governing these Organizational Wings of Political Parties remains insufficient, primarily addressed in Article 12 letter j of Law Number 2 of 2008 concerning Political Parties. Conversely, within this legislation, provisions exist for the dissolution of political parties. Thus, it prompts inquiry into whether such dissolution also extends to the affiliated wing organizations of political parties. This research aims to explore the ramifications of political party dissolution on these Organizational Wings of Political Parties, employing a normative juridical method integrating statutory and conceptual analyses. The findings indicate that the dissolution of political parties inevitably leads to the dissolution of their respective Political Party Wing Organizations. This conclusion rests on several grounds. Firstly, the existence of Political Wings Organization derives directly from the political party itself. Secondly, the absence of clear-cut regulations pertaining to the Organizational Wings of Political Parties, limited solely to the Law on Political Parties, distinguishes them from Community Organizations. Thirdly, the regulations governing Wing Organizations are contingent upon the bylaws of political parties and align with the shared objectives and aspirations of a Wing Organization and its parent political party, centered around a unified vision and mission
Keabsahan Pemenuhan Suatu Perjanjian yang Tidak Memiliki Alas Hukum Yang Sah
Get PDFThe agreement is the main key in helping the interests of each party to meet their needs or interests. This research focuses on the legal consequences of agreements that do not have a power of attorney that cause losses to parties who bind themselves to the agreement. This research uses normative juridical methods with data collected through laws and several articles and journals. Perform a mandatory agreement to meet the applicable conditions in accordance with regulations. Violation of objective terms in article 1320 of the Civil Code may lead to defects in the agreement. This occurs due to the absence of a power of attorney and the signing is not carried out by a company representative who has the authority in accordance with the Limited Liability Company Law. Both of these things make the agreement made invalid and null and void. Further legal consequences can lead to unlawful acts. This occurs because the agreement that should be null and void still continues, causing losses to one of the parties. Losses that are formally and materially experienced by PT. J thus making PT. S is obliged to provide compensation. Compensation cannot be separated from illegal acts due to ongoing agreements that should be canceled by law
Pemberian Hak Asuh Anak Kepada Ibu Pasca Perceraian (Studi Kasus Putusan Pengadilan Negeri Sumber Nomor 32/PDT.G/2020/PN Sbr)
Get PDFCustody of minor children will actually be received by the biological mother. However, in the case in the Decision of the Sumber District Court Number 32/Pdt.G/2020/PN Sbr., there is a fact that post-divorce child custody should be given to the biological father. In this case, although there is strong evidence to support the granting of custody to the father and the mother's living environment is considered unfavorable based on the available evidence. The child's welfare must still be prioritized in determining whether care is carried out by the mother or father. This is because the emotional bonds that children have greatly influence their development in life. The aim of this research is that the author wants to find out whether the factors in granting child custody to the mother in the case of the Sumber District Court Decision Number 49/Pdt.G/2019/PN Sbr can be justified according to the laws and regulations regarding marriage in Indonesia. This research uses a legislative approach using secondary data in the form of primary legal materials and secondary legal materials. The author collected data by conducting a literature study. The research data that has been obtained will be analyzed qualitatively. The result of the discussion of this research is that child custody is still given to the mother because the thing that is considered is not about events before or after the divorce that influence it, but about choosing a figure who makes them feel safe and prosperous, even in an undesirable situation.
Analisis Yuridis terhadap Urgensi Akta Autentik Notaris dalam Perjanjian Pengalihan Hak Cipta
Get PDFThe purpose of this research is to examine importance of setting up copyright transfer agreement and to analyze juridically the urgency of an authentic notary deed in a copyright transfer agreement. The research method used is normative legal research with statute approach. Results of study found that the importance of setting up copyright transfer agreement is guarantee of legal protection of economic rights from creator; guarantee of legal protection to non-creator parties who obtain economic rights as a result of transfer of copyright in whole or in part; and minimize disputes in transfer of Copyright. The urgency of Notary authentic deed in a copyright transfer agreement are: first, Notary profession is bound by law, so it has credibility in making an authentic copyright transfer deed; second, authentic notary deed serves as a means of proof in the event of a copyright dispute; third, through an authentic deed, legal protection can be guaranteed for the parties; fourth, notary authentic deeds can be used as a means of achieving legal goals, namely justice, benefit and legal certainty for the parties who make copyright transfer agreements; fifth, a Notary can have a role as a legal consultant for the parties in making Copyright transfer agreement
Peranan Jaksa Penuntut Umum dalam Pengembalian Barang Bukti Kepada Pihak Korban Tindak Pidana di Wilayah Hukum Kejaksaan Negeri Tanjung Jabung Timur
Get PDFThe criminal act committed is very closely related to the evidence or goods, while the evidence will be used to prove the criminal act committed before the court by the prosecutor. An item of evidence will be presented at the evidentiary hearing at trial. Regarding evidence, if the trial verdict states that the evidence will be returned to the party who has the rights, then this action is carried out by the prosecutor in accordance with his authority in implementing the judge's verdict which already has permanent legal force and the basis for this implementation is guided by the quote from the judge's decision. This research aims to study the legal regulations on the implementation of the judge's decision regarding the return of evidence and examine the obstacles to returning evidence to its owner by prosecutors. This type of research is empirical juridical research that uses primary data through interviews with the East Tanjung Jabung state prosecutor's office, as well as secondary data obtained through analysis of secondary, primary and tertiary legal materials. From the results of the research, it was concluded that the legal regulations regarding the process of returning evidence for criminal acts in the jurisdiction of the East Tanjung Jabung district court have gone through a process that involves determining the legal force of the decision and making a letter extracting the judge's decision. Generally, an extract of the decision is issued within approximately one week after the inkracht decision. The prosecutor will receive an excerpt from the decision to prepare a BAP for the judge's decision and prepare a BA for the return of evidence. Then the evidence will be handed over to the individual whose name is listed in the text of the decision made by the judge. There are no time provisions governing the collection of evidence by the owner whose name has been mentioned in the contents of the verdict, so the prosecutor must immediately return the evidence, this is due to concerns that the evidence could pile up at the Prosecutor's Office
Analisa Penerapan Produk Siber Dalam Kasus Penyalahgunaan Narkotika
Get PDFNarcotics abuse in Indonesia is one of the things that is deemed necessary to be dealt with immediately and even to be detected early through prevention of narcotics abuse itself. Narcotics basically have their own benefits if they can be used properly, especially in the health sector. However, when it reaches the realm of narcotics abuse, it can already be categorized as an act against the law. In this study the authors discuss the role of cyber in the judge's decision on narcotics abuse cases, in this case the discussion focuses on how the location and role of cyber in handling it for the settlement of narcotics abuse cases. This is because cyber is an innovative solution if its use can be utilized in this case and in the current era. The purpose of this study is to determine the role of cyber products in narcotics abuse cases, especially from a legal perspective. The research method used in this study is a normative juridical research method that uses a statutory approach and will get conclusions in the form of an analysis of the role of cyber law in cases of drug abuse. The results of this study found that there were several links to the role of cyber products in solving narcotics abuse cases, especially in the scope of evidence
Fungsi Pengawasan Dewan Perwakilan Rakyat Daerah dalam Penyelenggaraan Pemerintahan Daerah di Indonesia
Get PDFThe Regional People's Representative Council which is the state institution that has undergone the most changes. This research aims to determine and analyze the Implementation of the Supervisory Function of the Regional People's Representative Council in the Implementation of Regional Government in Indonesia. This type of research is normative juridical. The results of the research are the supervisory function carried out by the Regional People's Representative Council towards the Regional Government in order to realize good governance so that it can achieve its goals. The Regional Representative Council must be able to correctly interpret the function and objectives of supervision, so that it can become an effective check & balance mechanism, optimize supervision so that it can have a positive influence as expected on the management of regional government, prepare the supervisory agenda for the Representative Council Regional People, Formulating standards, systems and standard procedures for supervision of the Regional People's Representative Council, as well as involving community participation in the supervision process. For this reason, it is recommended that there is a need for community participation in carrying out supervision so that the implementation of regional government policies can run well and it is necessary to develop supervision guidelines by the Regional People's Representative Council so that the supervision function can run more focused
Tinjauan Yuridis terhadap Penyebaran Data Pribadi yang Dilakukan oleh Aplikasi Pinjaman Online Ilegal
Get PDFInformation technology impacts social, cultural, and economic progress, creating a world that is not limited by time, geography, or distance. Fintech, short for financial technology, is a phrase used to describe technology that facilitates communication between society and society's financial sector. In Indonesia, protecting personal information is a primary concern. This is due to the increasing volume of digital activity, especially transactions involving the submission of personal data by users. A normative approach was used in carrying out this research. This study focuses on the legal or statutory approach. Qualitative analysis is a type of data analysis used in normative legal studies. The latest legal regulations regarding efforts to safeguard personal data, especially related to criminal acts that occur and are carried out by unauthorized pinjol applications, are Law Number 27 of 2022 concerning Personal Data Protection. The PDP Law serves as a foundation and ensures that everyone's personal information is legally protected, preventing misuse of personal information for purposes that could harm third parties. In addition, the PDP Law provides administrative and criminal sanctions for all crimes related to personal data, including misuse of data and unauthorized access to that data, such as in cases of illegal online loan applications