Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Pembatalan Akta Pembagian Harta Waris Yang Didasarkan Pada Hukum Adat Batak Toba (Studi Putusan Mahkamah Agung Nomor 909 PK/PDT/2019)
Get PDFThis research aims to analyze the legal consequences of Supreme Court Decision Number 909 PK/Pdt/2019 on inheritance according to Toba Batak Customary Law, and analyze the role of notaries in making a Deed of Testament containing the will of the confronter to inherit based on Toba Batak Customary Law. This doctrinal research uses secondary data in the form of legal materials relevant to Inheritance Law and Toba Batak Customary Law. The legal effect of the Decision a quo on inheritance based on Toba Customary Law is that the Deed of Testament is declared defective and null and void because it violates statutory provisions. In addition, it can also be stated that there has been a shift in inheritance in the Toba Batak Customary Society, which initially adhered to patrilineal legal norms to begin to accommodate equal rights between sons and daughters. In relation to the role of notaries in the preparation of Testament Deeds based on Toba Batak Customary Law, it can be stated that legal counseling on inheritance must be delivered before making a deed so that the confronter can understand the legal provisions he chooses to use as the basis for inheritance. In addition, the notary can make clauses in the Deed of Testament to clarify the intentions contained in the deed, especially in the context of the distribution of inheritance made based on the last will of the testator
Upaya Penyelesaian Konflik Lahan Perkebunan PT. Bukit Barisan Indah Prima dengan Koperasi Unit Desa Harapan Baru di Kelurahan Simpang Tuan Kecamatan Mendahara Kabupaten Tanjung Jabung Timur
Get PDFConflict over plantation land is one of the plantation problems that cannot be resolved from time to time, which continues to make the community around the company anxious. Humans are categorized as individual creatures and as social creatures, inseparable from social relationships among other humans. This concerns each other's interests in interacting in society. As long as humans have different interests, conflict will always accompany them wherever they are. Conflict originates from a person's dissatisfaction with another person in terms of form or basic human needs (basic human needs), as stated, every human being has an interest in being able to have a desire to fulfill basic needs. For example, human material needs in the form of wealth can develop into needs for power, status and so on. As we all know, almost everyone has their own interests, both for themselves and their group. Differences in interests are one of the main factors that can trigger social conflict in society. One way of social conflict is the perception of differences in interests (perceived divergence of interest), or a belief that the aspirations of the conflicting parties cannot achieve the goals that have been agreed upon or achieved simultaneously. This means that the occurrence of a social conflict is caused by many factors so that the conflict is complex, involving various elements of society in it
Pendaftaran Merek yang Memiliki Persamaan pada Pokoknya pada Kelas Berbeda dalam Perspektif Peraturan Perundang-Undangan
Get PDFSimply said, a brand is any kind of distinctive symbol or name used in commercial contexts. There is still some gray area in Indonesia's trademark recording rules when it comes to the idea of basically identical trademarks and how to register ones that are quite similar to others in various classifications. From a legislative standpoint, this study intends to explore the notion of fundamental similarities in brands and its restrictions. It will also evaluate the recording of substantially similar trademarks in various classes in Indonesia. Using the framework of UU No 20 of 2016 concerning Marks and Geographical Indications, the study approach employed is normative legal research, which looks at the recording of trademarks in various classes that are basically comparable. Because the idea of similarity in essence is subjective and open to different interpretations by different people, the study's findings reveal that trademark recording requirements are vague on the issue. Nevertheless, while looking at statutory requirements, it is possible to register marks that are essentially similar to existing marks under UU No. 20 of 2016, provided that the marks are in a separate class
Perlindungan Hukum terhadap Pihak Debitur dalam Perjanjian Fintech (Financial Technology)
Get PDFLegal protection for debtors who use standard clauses in fintech (Financial Technology) agreements and legal certainty for fintech (Financial Technology) debtors. This research is a normative research. The research approach is legislation, conceptual, case. The research method used in this study is using a legal sociology approach with an activity plan carried out in this study for 8 months. The materials used in this study are primary legal materials and secondary legal materials and use data collection techniques used in the form of inventory, systematization and interpretation which are descriptive analysis. The results of the study indicate that the issuance of Law Number 21 of 2011 concerning the financial services authority marks the significant development of legal protection for debtors. Law Number 19 of 2016 concerning Amendments to Law Number 11 of 2008 concerning Information and Electronic Transactions in Article 18 paragraph (1) determines that Electronic Transactions are stated in an Electronic Contract that binds debtors in an agreement. So that with the existence of a binding contract, there are legal consequences for the debtors, where the debtors have rights and obligations which if violated or not fulfilled, legal action can be taken in the form of filing a lawsuit either in court or outside the court
Pelaksanaan Pembagian Harta Warisan Di Desa Tuntungan II Kecamatan Pancur Batu Kabupaten Deli Serdang Menurut Hukum Adat
Get PDFThis inheritance law cannot be separated from human life itself because this inheritance law is very closely related between parents and children in terms of property that will be owned or given by their children. Therefore, related to the problem of heirs, they should know about who is called an heir, then the rights and obligations that must be accepted by heirs and the grouping of heirs in inheritance law so as to reduce the existence of misunderstandings between heirs with one another in distribution of inheritance in society. In the distribution of inheritance on inheritance in general, it must be fairly regulated based on the law that applies in the inheritance process. Therefore, the distribution of inherited assets should fulfill the elements of justice and achieve peace in the distribution of inherited assets because it is the most important thing so as not to cause legal consequences in the future. The research method is empirical legal research type, library data sources and field research. The sampling technique is used by purposive sampling. Data collection techniques are interviews and library research as well as qualitative analysis. The results of the research are the implementation of the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law, the karo village community still uses two applicable laws, namely the national law (KUHPerdata) and customary law where the customary law prioritizes the distribution to male heirs rather than female heirs and the obstacles faced in implementing the distribution of inheritance in Tuntungan II Village, Pancur Batu District, Deli Serdang Regency according to customary law is patrilineal or prioritizing the distribution of heirs to men then raises the greedy nature of male heirs and a sense of unfairness from female heirs, causing disputes / disputes between the two
Perlindungan Hukum Tenaga Kerja terhadap Pelaksanaan Jaminan Kecelakaan Kerja di PT. Hiruta Kogyo Indonesia
Get PDFLabor Law Protection for the Implementation of Work Accident Insurance at PT. Hiruta Kogyo Indonesia. The first goal of this research is to comprehend how PT. Hiruta Kogyo Indonesia has implemented legal protection for occupational safety and health. The second goal is to comprehend if PT. Hiruta Kogyo Indonesia has clear laws on methods for guarantee of occupational safety and health. This investigation, which is empirical in nature, was carried out by PT. Hiruta Kogyo Indonesia. The data collection method makes use of field research and interviewing methods. Qualitative analysis methods are used to assess both primary and secondary data. The findings of this study demonstrate that (1) Occupational Safety and Health at PT. Hiruta Kogyo Indonesia has been implemented based on the K3 management system, (2) Legal Protection of Work Accident Cases at PT. Hiruta Kogyo Indonesia is a top priority by being given health insurance, and (3) Regulations that ensure occupational safety and health for workers have been implemented. Program Implementation (K3) and SMK3 Implementation are the rules in dispute
Penyelesaian Terhadap Wanprestasi Pengguna Aplikasi Go-Jek Berupa Pembatalan Orderan Sepihak Terhadap Pengemudi (Driver) Go-Food Di Wilayah Kota Payakumbuh
Get PDFGojek Indonesia is a technology company, not a transportation company that provides transportation services. The service features available on the go-jek application are go-food, which is a delivery service provided by go-jek companies to buy and deliver food orders to their users. The large number of consumers who use this application always cancel orders unilaterally which results in default in an agreement. This study discusses the settlement of defaults on the use of the gojek application in the form of unilateral cancellation of orders for gofood drivers in the Payakumbuh City area. This research raises two problems, namely What is the process for the birth of an agreement between gojek drivers and go-jek application users in food ordering activities, What is the settlement of compensation for defaults on gojek application users in the form of unilateral cancellation of orders against go-jek drivers? Food. This study uses the Juridical Empirical method. The data sources used are Primary Data through interview studies and document studies and Secondary Data through primary legal materials, secondary legal materials and tertiary legal materials. The results of the study show how the process of the birth of an agreement between go-jek drivers and go-jek application users in food ordering activities and settlement of compensation for defaults on go-jek application users in the form of unilateral cancellation of orders against go-food drivers. The implementation that occurs for consumers purchasing food and drinks through the online ordering application, as mentioned, does not always go well. There are also actions that can harm other parties in their implementation, especially when ordering food and drinks using an online application, in other words, consumers do not come directly to the places where the food and beverage sellers are concerned. Default means negligence, negligence, default, not fulfilling its obligations in the agreement. Based on the Consumer Protection Act, there are rights and obligations held by business actors
Pengaturan Informasi Rahasia Dagang Dalam Perspektif Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen
Get PDFThe legal issues discussed in this normative research are information regulation in Law Number 8 of 1999 concerning Consumer Protection and Law Number 30 of 2000 concerning Trade Secrets and legal protection against disclosure of trade secret information in the perspective of Law Number 8 of 1999 About Consumer Protection in the future. The research method used is normative juridical research with a statute approach and a conceptual approach. The legal materials used are: primary legal materials, secondary legal materials, and tertiary legal materials. Analysis of the collected legal material is carried out by inventorying, systematizing and interpreting. The results of the study show that the regulation of information in Law Number 8 of 1999 concerning consumer protection aims to create a consumer protection system that contains elements of legal certainty and information disclosure as well as access to obtain correct, clear and honest information regarding conditions and guarantees of goods and/or or Information services and arrangements in Law Number 30 of 2000 concerning Trade Secrets provide legal protection to Trade Secret rights holders for information that is not publicly known in the field of technology and/or business, has economic value because it is useful in business activities, and is safeguarded confidentiality by the owner of the Trade Secret
Analisis Peran Polsatwa K-9 Dalam Pidana Narkoba Berdasarkan Perpol 14 Tahun 2018
Get PDFSniffer dogs as police partners can ease the task of investigators because of the expertise of dogs. Dogs have special abilities in their sense of smell, which include being able to detect indications that someone is carrying explosives or narcotics. The research method used in this study is a normative juridical approach so that it only examines the contents of the Indonesian National Police Regulation No. 14 of 2018 concerning changes to the Regulation of the Republic of Indonesia National Police No. 22 of 2010 concerning the organizational structure and work procedures of the regional police, and sources, namely secondary data sources, primary data and tertiary data. In this study, the technique of collecting data obtained from library research and field studies was carried out by means of observation and interviews. The results of this study explain that the role of the K-9 Animal Police Unit in Drug Crimes Based on the Regulation of the Indonesian National Police No. 14 of 2018, sniffer dogs in investigations have a very large role, because they are very helpful for investigating officials to uncover criminal events, but dogs Drug trackers owned by the Ditsamapta Police Unit of the Lampung Police are very limited. The lack of sniffer dogs and handler personnel makes the role of the animal police unit less effective
Polemik Hukum Penunjukan Penjabat (PJ) Kepala Daerah Berdasarkan Undang Undang Nomor 10 Tahun 2016 Tentang Pemilihan Gubernur, Bupati dan Walikota
Get PDFThe appointment of acting regional heads to fill the vacancy for definitive regional head officials caused by postponing regional elections in 271 regions in Indonesia has created problems in the administration of government in Indonesia. Regarding Article 201 of Law No. 10 of 2016 concerning the Election of Governors, Regents and Mayors which is the legal basis for the appointment of acting regional heads, a judicial review has been carried out resulting in MKRI Decision Number 67/PUU-XIX/2021 and MKRI Decision Number 15/PUUXX /2022. These legal materials were obtained through literature study and analyzed descriptively-qualitatively. The postponement of the 2022 and 2023 regional elections is still causing polemics. Based on data from the Ministry of Home Affairs in May 2022, the needs for filling regional head officials include 5 provinces, 6 cities and 37 districts. Meanwhile, there are as many as 101 regional heads whose leadership terms will end in 2022 and as many as 170 regional heads and deputy heads in 2023. This means that 271 regional head positions will end before the 2024 simultaneous elections.