Wajah Hukum (E-Journal, Fakultas Hukum Universitas Batanghari)
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Implementasi Pemberian Layanan Bantuan Hukum Secara Cuma-Cuma Oleh Posbantuan Hukum pada Perkara Pidana di Pengadilan Negeri Gedong Tataan (Studi Kasus di Posbakum Adin Lampung)
Get PDFIn legal cases, namely legal cases experienced by someone, there are often problems with one's inability to be able to hire a lawyer to handle the trial process in court, in fact a suspect still has his rights in a trial, one of which is to get assistance before the law of course for defend the rights of the suspect, in cases like this if someone does not have the ability to hire a lawyer POSBAKUM or the Legal Aid Post plays an important role in helping a suspect in providing legal services in the form of consultation, legal advice and the preparation of legal documents that are really needed by a suspect based on statutory regulations, in defending a suspect the trial is carried out for free, that way every suspect from being able or not entitled to get legal assistanc
Kajian Hukum Kualifkasi Sanksi Kebiri Kimia Sebagai Sanksi Tindakan dalam Hukum Pidana di Indonesia
Get PDFCastration is an action given to perpetrators of sexual crimes against children, in addition to imprisonment and fines. The purpose of this article is to find out the basic differences between criminal sanctions and action sanctions, to know the position of castration as an action sanction in criminal law and to analyze the castration penalty does not apply to children as perpetrators of sexual crimes. This research uses doctrinal legal research. Sources of legal information use primary legal materials (regulations and relevant documents) for further qualitative analysis. The approach used is statutory, conceptual, and analysis to help solve the problem formulation. The results of the research show that, at first glance, criminal sanctions and sanctions are often vague to distinguish, but at the level of basic ideas, there are very clear differences between the two types of sanctions. The reactive nature of an act is contained in the criminal sanction which connotes giving an affliction, while the anticipatory nature of the perpetrator of the act is contained in the sanction of action which connotes giving a remedy. The position of castration in the criminal system in Indonesia is not a principal, additional or a burden, but includes a sanction of action. Actions in the form of chemical castration are exempted for child offenders
Penggalian Tambang Ilegal yang Terjadi di Kecamatan Sukatani Kabupaten Purwakarta Dihubungkan dengan Peraturan Daerah Kabupaten Purwakarta Nomor 6.A Tahun 2009 Tentang Pengelolaan Pertambangan Umum
Get PDFIn mining exploitation in Indonesia, every business actor is required to have a Mining Business License prior to carrying out such mining activities and / or businesses. This permit can be obtained from the government, because a permit is a one-sided government act based on statutory regulations to be applied to concrete events according to certain procedures and conditions. However, in fact there are many mining business actors who carry out mining activities without obtaining a permit, so the author is interested in knowing the factors that cause illegal mining to occur. And the research method used in this writing is using the juridical-normative method, where the data collection techniques are researched through literature studies, law books, and other literature. In addition, the authors also use primary data, namely by conducting interviews with parties who are aware of the illegal mining case. The factor that led to illegal mining excavation in Sukatani Subdistrict, Purwakarta Regency, was the demand for a national project for the Jakarta - Cikampek Toll Road, so this project was used as a justification for mining entrepreneurs to carry out mining activities without having an official permit from the government
Eksistensi Perhimpunan Pemilik dan Penghuni Satuan Rumah Susun (PPPSRS) dalam Kewenangan Pengelolaan Rumah Susun Sewa
Get PDFFlats are a response to the needs of housing for the community and become an alternative choice for providing ideal housing for developing countries. The purpose of research and writing of this scientific paper through the normative approach method is to analyze the Activities of Management of Flats by the Management Agency, the existence of the Association of Owners and Occupants of Apartment Units (PPPSRS), Voting Rights Related to the Authority of Management and Management of Rental Flats compared to Management of Flats Commercial. In this study using an empirical juridical approach because the researcher was carried out directly on the manager of the rental apartment. The scope of this research is the management of flats and its objects are flats in urban areas. The materials used are field materials and library materials. The data collection technique is document study and the analysis technique is qualitative analysis. The activity of managing the apartment is obliged to be the manager of a legal entity, namely the Association of Owners and Residents of Apartment Units which have been made a legal deed by the Regent or Mayor of the Level II Region and the determination of the voting rights of these members has not been fully realized. Management of simple rental apartments is required by Technical Management Unit (UPT), while Management of Commercial Flats is the Management Body of Commercial Flats, which is the Association of Owners and Occupants of Flat Units, developer as a temporary Management Agency
Konsepsi dan Bentuk BUMDes dalam Peningkatan Kesejahteraan Masyarakat di Provinsi Jambi
Get PDFThis article discusses the concept and form of village-owned enterprises and sees how it plays a role as a way to increase the level of welfare of rural communities in Jambi Province and what are the challenges and obstacles in its implementation. The presence of this institution should be the right step in an effort to realize the welfare of the Village community, especially in the economic sector and in the context of developing rural communities, which are expected to reduce poverty. The provisions in the Village Law regarding implementing rules that want a business entity to reflect a village that has kinship and mutual cooperation and is confirmed in the Village Law that business entities owned by the village can later be legal or not legal but cannot be equated with legal entities commonly known. in the business world. Such as CV, PT and cooperatives. In the implementation of BUMdes, the problem of legal entities is often questioned by a third party when working together, so there are several obstacles to implementing BUMdes management
Perlindungan Hukum Bagi Pemilik Merek Dagang Atas Penjualan Barang Palsu pada Platform Marketplace
Get PDFNowadays technology changes is more advanced. One of the changes caused by the development of information technology is human behavior in realizing the results of their intellectual property. We can view intellectual property through online platforms easily. The Covid-19 pandemic has caused the sale of goods that were offline becomes online. Other than that, there are also a lot of counterfeit goods which has peaked on the marketplace platform. This research aims to gain an understanding of legal protection for brand owners and about legal actions that can be taken by them for selling counterfeit goods on the marketplace platform. The research method used is normative juridical. The results of this study are based on Law no. 20 of 2016 concerning on Marks and GI and Law No. 19 of 2016 concerning Amendments to Law No. 11 of 2008 on EIT in order to obtain more comprehensive protection, trademark owners must first register their trademarks. In addition, efforts that can be made by trademark owners are taking actions such as making complaints to each marketplace platform, resolving alternative disputes, submitting requests for provisional decisions, civil lawsuits by requesting compensation, and criminal sanctions
Penyelesaian Sengketa Pelaksanaan Perjanjian Lelang Sungai di Bidang Perikanan di Kecamatan Tanjung Lago Kabupaten Banyuasin
Get PDFIn the Civil Code regulates agreement, one type of agreement is an auction, however the object of this auction agreement is not an object or animal, but a river. In areas that have natural resources in the form of rivers, these agreements are often carried out, in practice adapted to local local wisdom. The river auction tradition in Tanjung Lago District, Banyuasin Regency, South Sumatra Province has been going on for a long time and has become a tradition for the local population. However, in practice there are often defaults committed by the parties. The purpose of this study is to determine the settlement of disputes in case of default by the parties. The research method is to look at direct facts that happen in real terms but still by using legal materials in the form of existing regulations and other sources. From the research results it is known that if one of the parties (the village administration and the winner of the auction) defaults, a deliberation between both parties but if it cannot be resolved then legal action can be taken. Meanwhile, if there is a default between the auction winner and the fisherman, the settlement will only be in the form of a warning and loss of trust without any sanctions
Pembatalan Perjanjian Sewa Gedung Pernikahan Akibat Pandemi Covid-19
Get PDFAgreement / contract is a legal relationship that is often carried out in the business world / community in Indonesia. With the issuance of the Presidential Decree which stipulates the Corona Virus (COVID19) as a national disaster it has had an impact on all aspects of community life then the local government issued a large-scale social restriction (PSBB) regional regulation. With the decision of Covid-19 as a national disaster emergency, restrictions and / or restrictions on activities in the community were imposed, which resulted in the cancellation of the building lease agreement for wedding receptions which could result in default in fulfilling the rights of the Parties. The research was conducted by using the normative juridical method and the specification using descriptive analytical. research methods that are research methods that use an approach based on the main legal materials by examining theories, concepts, legal principles and laws and regulations related to this research. The results of the research and discussion show that Covid-19 can be categorized as a force majeure which can be a reason for the cancellation of an agreement to rent a building. So that a renegotiation is needed in order to fulfill the obligations of the Parties in leasing a building
Kebijakan Pemerintah Daerah dalam Penanganan dan Perlindungan Anak yang Berhadapan dengan Hukum di Halmahera Utara
Get PDFThe phenomenon of child violence in North Halmahera Regency continues to increase every year and even the comparison is very significant. So the need for the seriousness of the local government to prevent an increase in cases experienced by children as early as possible through a series of efforts and actions both in the form of socialization and other strategic steps, non-optimal service to children who are in conflict with the law can also affect the development of children especially on the aspects of psychological recovery and children's health. To obtain perfect research results, accurate and supportive data and information are needed. Thus, this research is conducted through a Qualitative Approach which is analyzed juridically and sociologically based on statutory provisions and directly involved in observing the effectiveness of law implementation carried out by local government agencies. After being analyzed through the available approach and data, there are several things that have not been carried out properly. This means that all efforts and policies made by local governments in the field of child protection, especially those dealing with the law, have not met the expectations mandated by the laws and regulations. Where there are several cases of child abuse, they have to break up in the middle of the road due to various considerations, as well as the need for a legal product similar to regional regulations to accommodate and fulfill all the interests and rights of children
Implementasi Pertanggungjawaban Pelaku Tindak Pidana Mengangkut, Menguasai, Atau Memiliki Hasil Hutan Kayu Yang Tidak Dilengkapi Secara Bersama Surat Keterangansahnya Hasil Hutan (Studi Putusan Nomor: 259/Pid.Sus/LH/2019/PN Kot)
Get PDFCriminal demonstrations that happen in the public arena are criminal demonstrations against property (material wrongdoings), like robbery, blackmail, theft, extortion, defacement and confinement. The new criminal demonstration is the criminal demonstration of moving, controlling, or having wood woodland items that are not joined by an authentication of lawfulness of timberland items. The examination technique utilized standardizing and exact juridical methodologies. The kind of information utilized is auxiliary information and essential information. Gathering information through library exploration and field research. The information examination utilized was subjective juridical. The elements making the culprit perpetrate the criminal demonstration of shipping, controlling, or having lumber woods items that are not joined by an endorsement of lawful woodland items dependent on Decision Number: 259/Pid.Sus/LH/2019/PN Kot are financial and instructive components, the trouble in getting a grant and absence of oversight. The execution of responsibility for the culprit of a criminal demonstration of shipping, controlling, or possessing wood woodland items which isn't joined by an endorsement of lawful backwoods items dependent on Decision Number: 259/Pid.Sus/LH/2019/PN Kot is deserving of detainment for 1 (one) 1 (one) month and a fine of Rp. 500,000,000.00 (500,000,000 rupiah) gave that assuming the fine isn't paid, it is supplanted by detainment of 1 (one) month