Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Penerapan Sanksi Disiplin terhadap Narapidana Yang Melakukan Pelanggaran Disiplin di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi
Get PDFAt present there have been violations committed by convicts in prisons, including the persecution of fellow criminals. Therefore, this research was conducted through empirical legal methods, which used a legal sociological approach, and there were three types of data sources, namely primary legal materials and secondary legal materials. The sampling technique was purposive sampling using data collection methods, namely interviews and documentary research to develop qualitative analysis. The matter of this research is the application of disciplinary sanctions against convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in Class II B Jambi Women's Correctional Institutions is that there is no disciplinary action that will be taken against convicts of abuse cases in these prisons and the obstacles encountered in applying sanctions Discipline for convicts who commit disciplinary violations based on Permenkumham Number 6 of 2013 in the Jambi Class II B Women's Penitentiary is the lack of porcelain Class IIB Jambi Women's Prison, lack of support from inmates and inadequate infrastructure
Analisis Pendekatan Rules of Reason dalam Kasus Praktik Predatory Pricing (Studi Kasus Putusan Nomor 03/KPPU-L/2020)
Get PDFThe practice of predatory pricing is the act of a business actor to get rid of or hinder a competitor’s business in the relevant market share by selling at a loss or setting a very low price. Conch South Kalimantan Cement Limited Company was reported on suspicion of predatory pricing practice. The allegation report is based on Article 20 of Indonesian Law Number 5 of 1999. In the formulation of the article, the rules of reason approach are used. In the rules of reason approach, even if a business actor is proven to have practiced predatory pricing, it is still possible to be declared innocent. This is because in the rules of reason approach, Komisi Pengawas Persaingan Usaha first looks for the predatory pricing that cause anti-competition in market shares or not. As long as it does not cause anti-competition and supports business competition, Conch South Kalimantan Cement Limited Company cannot be sanctioned and found not guilty. Komisi Pengawas Persaingan Usaha after using rules of reason approach finally stated Conch South Kalimantan Cement predatory pricing practice cause anti-competition and give it sanction
Rasisme dan Xenofobia pada Masa Pandemi Covid-19 Sebagai Bentuk Ketidak-Adilan Sosial di Amerika Serikat
Get PDFRacism and Xenophobia are several forms of action that represent injustice to ethnicities and races. However, although it is clear that this action is a form of social injustice, racism and xenophobia still occur frequently. During the Covid-19 pandemi, the United States of America (USA) also experienced an unstable condition where the situation heated up due to racist and xenophobic actions called “Asian-Hate” as a form of social injustice where Asian-Americans never even came or went to the area where the virus spread. Blamed and treated arbitrarily and inhumanely and this condition was exacerbated by President Trump's statements. This study aimed to explore how the social condition of society towards social injustice were being manifested in racism and xenophobia. This research uses a methodology in the form of literature study by collecting data from various relevant articles and documents. The results of the study showed that during the Covid-19 pandemic, America was proven to have carried out very intense racist and xenophobic acts with a variety of varied actions. Racist treatment was more widely accepted by the Asian race, especially the Asian-American group, which is "sealed" as the race that causes and spreads the Covid-19 virus
Penegakan Hukum Tindak Pidana Penganiayaan Yang Dilakukan Narapidana Di Lembaga Pemasyarakatan Perempuan Kelas II B Jambi
Get PDFPrisons are a place to develop prisoners so that when they leave the prison the prisoner will no longer commit a crime. However, in reality, in prisons there have also been criminal acts committed by the prisoners themselves, namely criminal acts of abuse between prisoners. The research method used in this research is using a legal sociology approach with an activity plan for 6 months and the scope of this research is criminal acts committed by prisoners in prison. The materials used in this research are primary legal materials and secondary legal materials. The place used in this research is the Class II B Jambi Correctional Institution. The data collection technique is in the form of interviews and the analysis technique is qualitative analysis. The results of the discussion of this research are that severe disciplinary penalties have not been strictly enforced against inmates who commit criminal acts of abuse and the obstacles are the small number of prison security officers, the lack of interest of prisoners in participating in coaching programs and the facilities and infrastructure which are still limited
Akibat Hukum Merger Bank Syariah Mandiri, BRI Syariah, dan BNI Syariah
Get PDFThe purpose of writing this article is to examine legal arrangements for merger of Islamic banking and legal consequences of the merger of Bank Syariah Mandiri, BRI Syariah, and BNI Syariah. The research method used in this research is normative juridical method. Results of this study found that provisions regarding the merger of Islamic Banking are carried out in accordance with the provisions of the legislation as mandated by Article 17 paragraph (3) of Law Number 21 of 2008 concerning Islamic Banking. The legal arrangements for the merger of Islamic Banking in Indonesia can be referred to the Banking Law, Limited Liability Company Law, Islamic Banking Law, Government Regulation Number 28 of 1999, and OJK Regulation Number 41 of 2019. In addition, the merger of Sharia Banks must also pay attention to terms and conditions relating to the prohibition of monopolistic practices and unfair business competition as referred to in Law Number 5 of 1999. The legal consequences of the merger of BRI Syariah, BNI Syariah and Bank Mandiri Syariah may affect the company, shareholders, customers and employee
Pencatatan Sita Sertifikat Hak Atas Tanah di Kantor Pertanahan Kota Bandar Lampung
Get PDFThis study aims to determine the recording of confiscation of certificates of land rights in the defense office of the city of Bandar Lampung. The method in this study uses a normative and empirical approach. The results of this study indicate that the legal implication of confiscation of land title certificates based on the Regulation of the Minister of Agrarian and Spatial Planning / Land Agency Number 13 Year 2017 Regarding the Procedure of Blocking and Confiscating is resulting the certificate holder temporarily unable to make the transfer of rights or the imposition of rights on his land until the revocation of the certificate of seizure of the land. Confiscation of certificates results in the suspension of land rights for the time being and will simultaneously freeze ownership of land. Furthermore, regarding the inhibiting factor for confiscation of land rights certificates, when recording is done manually, it is often the case that confiscation of seizure documents filed by the Ministry of Agriculture is not yet complete. the petitioner, as well as the lack of legal understanding related to legal standing confiscation of criminal, confiscated cases and confiscation due to forced letters. Suggestion of this research is that the Land Office should be more existent in disseminating information regarding the mechanism of confiscation recording at related institutions such as the Regional Police, Prosecutors, Courts and the public because the classification of criminal confiscation, confiscation of cases and confiscation due to forced letters
Perlindungan Hukum Terhadap Data Pribadi Masyarakat Dalam Pendaftaran Dan Verifikasi Partai Politik Sebagai Peserta Pemilihan Umum
Get PDFThe requirements for political parties to participate in the general elections in Indonesia include passing the registration and verification stages by the General Election Commission through a platform called the Political Party Information System (Sipol). The verification process consists of administrative and factual verification, which includes research and matching of the requirements as a participant in the general election, one of which is membership in a political party. However, this membership has caused problems due to the rampant acquisition of memberships through the use of the Population Identification Number (NIK). This research aims to assert that personal data must be protected with simultaneous protection as a maximal effort to eliminate the misuse of personal data by political parties. The research method used is normative juridical by using secondary data sources and supported by primary laws, as well as a qualitative descriptive method to collect data through interviews. The results of this research show that the protection of personal data against the misuse of public names is crucial. Thus, laws that regulate the general protection of personal data can be a reference in legal protection efforts in such cases. Moreover, on October 17, 2022, the President of Indonesia has enacted Law No. 27 of 2022 concerning Personal Data Protection, which specifically (lex specialis) regulates the protection of personal dat
Analisis Perlindungan Hukum Bagi Pemegang Hak Merek Dagang Ikea Atas Penghapusan Merek Dagang (Antara PT Inter IKEA Swedia vs PT Ratania Khatulistiwa)
Get PDFBrands play a very important role in the world of marketing because people often associate the quality or reputation of goods and services with certain brands. One of known brands that people are familiar with is IKEA. So the author is interested in analyzing the dispute that occurred between PT Inter IKEA Sweden and PT Ratania Khatulistiwa, especially in the section on When IKEA Sweden Lost Its Brand Rights According to Law Number 15/ 2001 Concerning Brands, and How Legal Protection for the Holders of IKEA Trademark Rights.. Method The approach used in this study is a normative legal approach which refers to the applicable laws and regulations. The protection of the IKEA trademark dispute as a result of not using the IKEA trademark for 3 consecutive years
Akibat Hukum Wanprestasi Atas Perjanjian Sewa Menyewa
Get PDFThis study aims to determine the legal consequences arising from the lease agreement. In resolving disputes related to lease agreements, one of these things can arise with the background of an authentic deed. An authentic deed is drawn up before an authorized official where the authorized official in this lease agreement is a Notary. The law does not distinguish in detail how to resolve legal disputes specifically regarding authentic deed of leasing agreements in which the contents of an agreement cannot be fulfilled by one of the parties who bind themselves. This writing aims to find out what the legal consequences arise from default disputes on lease agreements and find out how legal remedies can be taken by the parties, both tenants and lessees who feel disadvantaged because one party commits an act of default. In this study the authors used normative legal research methods. The conclusion that can be drawn in this study is what are the legal consequences arising from defaults committed by one of the parties to the lease agreement where one of the parties is harmed by the default, therefore the injured party can demand the fulfillment of his achievements as what has been agreed in the agreement and accompanied by compensation for losses to parties who are harmed by default. Against legal remedies that can be done is to make legal efforts that are in the law through litigation and non-litigation legal remedies
Kebijakan Hukum dalam Menanggulangi (Over Criminalization) Korupsi Dana Desa Untuk Mewujudkan Keadilan Restoratif
Get PDFThis study examines the existence of the prosecution authority in Indonesia which is closely related to the Legal Policy in Overcoming (Over Criminalization) Corruption in the Village Fund to realize restorative justice. This needs to be done considering the very large amount of Fund Allocation from 2018-2021 which reached IDR 72 trillion which was intended for 83,381 villages and was very vulnerable to corruption. The problem that will be discussed in this research is How is the Legal Policy in Overcoming Corruption (Over Criminalization) of Village Fund Corruption to realize restorative justice. The research method used is a normative research method with a statute approach and analyzed using content analysis