UNES Law Review (Universitas Ekasakti Padang)
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Aspek Hukum Perlindungan Konsumen Terhadap Air Mineral Merek Arsi di Sibolga
Get PDFThis research aims to determine the legal aspects of consumer protection for ARSI brand mineral water in Sibolga. The need for clean water is currently increasing while clean water sources are decreasing and for this reason there are AMDK (Bottled Drinking Water) companies that are suitable for consumption by the public. This AMDK company has consumer protection regulated in Law No. 8 of 1999 concerning Consumer Protetion. This research uses normative legal research methods with a statutory approach. The research results concluded that all AMDK companies including ARSI as business actors must fulfil the requirements of applicable laws and regulations as a form of consumer protection
Perlindungan Hukum Hak Kekayaan Intelektual Bagi Produk Kreatif UMKM di Jawa Timur
Get PDFThis research aims to analyze the legal protection provided to creative products of Micro, Small, and Medium Enterprises (MSMEs) in East Java in the context of intellectual property rights (IPR). With rapid economic growth, MSMEs have become one of the main pillars driving regional economic growth. However, the challenges faced by MSMEs lie in protecting their creative products from piracy and violations of intellectual property rights. Through a qualitative approach, this study will analyze the legal framework governing IPR for MSMEs in East Java, including relevant laws, regulations, and government policies. The research will also identify the challenges and obstacles faced by MSMEs in obtaining IPR protection, as well as efforts made by the government and related institutions to increase awareness of the importance of IPR protection for MSMEs. The findings of this research are expected to provide a better understanding of IPR protection for MSMEs in East Java and offer policy recommendations to enhance the effectiveness of IPR protection and support the growth and development of MSMEs in the region
Pengelolaan Royalti Hak Cipta Lagu dan Musik : Studi Kasus Pada Bisnis Karaoke
Get PDFManaging song and music copyright royalties is a crucial aspect in the entertainment industry, especially in the context of the increasingly growing karaoke business. This study aims to investigate song and music copyright royalty management practices in the karaoke business, with a focus on implementation and compliance with applicable copyright regulations. Through a case study approach, we analyze the strategies, policies and procedures implemented by karaoke businesses in managing royalties, as well as their impact on relations with copyright holders and the sustainability of the industry. Data was collected through in-depth interviews with karaoke business owners, copyright holders and other related parties. Our findings illustrate the challenges and opportunities faced by karaoke businesses in complying with copyright regulations, while also identifying best practices in royalty management that can improve the balance between the interests of businesses and copyright holders. The practical and theoretical implications of these findings are discussed, along with recommendations for further improvement and development in the management of song and music copyright royalties in the context of the karaoke business. It is hoped that this research will provide valuable insights for stakeholders in the entertainment industry and contribute to the literature on copyright management and business sustainability.Managing song and music copyright royalties is a crucial aspect in the entertainment industry, especially in the context of the increasingly growing karaoke business. This study aims to investigate song and music copyright royalty management practices in the karaoke business, with a focus on implementation and compliance with applicable copyright regulations. Through a case study approach, we analyze the strategies, policies and procedures implemented by karaoke businesses in managing royalties, as well as their impact on relations with copyright holders and the sustainability of the industry. Data was collected through in-depth interviews with karaoke business owners, copyright holders and other related parties. Our findings illustrate the challenges and opportunities faced by karaoke businesses in complying with copyright regulations, while also identifying best practices in royalty management that can improve the balance between the interests of businesses and copyright holders. The practical and theoretical implications of these findings are discussed, along with recommendations for further improvement and development in the management of song and music copyright royalties in the context of the karaoke business. It is hoped that this research will provide valuable insights for stakeholders in the entertainment industry and contribute to the literature on copyright management and business sustainability
Akta Pengakuan Utang Sebagai Pengganti Bukti Penyetoran Modal Dalam Pendirian Perseroan Terbatas
Get PDFIn practice, there are often disobedient shareholders who do not deposit the full capital that has been issued, even though their names as shareholders have been recorded in the Company\u27s deed of establishment. In this research, the author raises the case of a Deed of Acknowledgement of Indebtedness made by a shareholder at PT This research will discuss the absence of capital deposits by shareholders in the establishment of a limited liability company which can be said to be a debt based on the applicable laws and regulations, as well as reviewing whether a Deed of Acknowledgement of Indebtedness can be used as a substitute for proof of capital deposits in the Company. This research was prepared using normative juridical research methods, utilizing document studies using secondary data, and using analytical descriptive research specifications, and analyzed using qualitative analysis methods. The research results show that the absence of a full deposit made by shareholders in the Company constitutes a debt and/or obligation and is considered fulfilled if the shareholder has made a full deposit into the Company. Apart from that, as reflected in Article 33 paragraph (2) of Law no. 40/2007, shareholders are required to deposit capital in full to the Company as proof of legal ownership of the issued shares. Thus, the Deed of Acknowledgment of Indebtedness made by the shareholder in the case raised serves as evidence of an Authentic Deed which strengthens and justifies the Company\u27s position in postponing the granting of shareholder rights to shareholders who have not paid for the shares that have not been deposited. However, the existence of the Deed of Acknowledgment of Indebtedness cannot replace proof of capital deposit in the Company
Penyelesaian Sengketa Wanprestasi Sewa-Menyewa Satelit Kemenhan RI Dengan Avanti Communications Secara Arbitrase
Get PDFThis research discusses the resolution of the breach of lease dispute regarding satellite rental between the Ministry of Defense of the Republic of Indonesia and Avanti Communications through international arbitration, with a focus on analyzing the procedures conducted based on relevant regulations. The chosen research method is a normative approach utilizing primary legal sources from literature studies. The research aims to discuss dispute resolution strategies through international arbitration mechanisms in accordance with applicable laws. Arbitration is an option stipulated in a written agreement between parties aimed at resolving disputes outside conventional court processes. In the context of the case between Avanti Communications Limited and the Ministry of Defense of the Republic of Indonesia, it was proven that the Ministry of Defense committed a breach of contract and is required to compensate the losses incurred by Avanti Communications Ltd. The law on damages specifies the details that can be included. There is a potential for the cancellation of a legal agreement due to negligence that leads to a breach of contract, where the cancellation of the agreement can occur if it causes harm to the relevant parties
Rehabilitasi Sebagai Pemenuhan Restorative Justice Terhadap Penyalahgunaan Narkotika di BNN Kabupaten Tana Toraja
Get PDFNarcotics rehabilitation is an effort to free narcotics users from the trap of addiction to narcotics abuse. In the concept of restorative justice, someone who commits a crime does not have to be sentenced to prison. Imprisonment should act as an ultimum remedium or last resort to punish perpetrators of criminal acts. The concept of applying restorative justice to narcotics cases can be an alternative to punishment through treatment or rehabilitation. However, the next problem is regarding a person\u27s right to apply for and receive rehabilitation as required by law. And next, legal procedures are also required that must be fulfilled by someone who wants to apply for their right to rehabilitation to the authorized agencies such as the National Narcotics Agency and the Courts so that legally someone can claim their right to receive rehabilitation. The research method that the author uses in this research is empirical research. The results of the research confirm that perpetrators of narcotics abuse at the Tana Toraja Regency BNN can be rehabilitated provided that the perpetrators have the awareness to be rehabilitated; positive for using narcotics based on the results of a forensic laboratory examination test if negative, the determination is through an examination by the Integrated Assessment Team; Not a recidivist, dealer and not involved in illicit narcotics trafficking networks; Arrested or caught red-handed without narcotics evidence or with narcotics evidence under 1 gram. Classified as a narcotics addict or victim of narcotics abuse based on the results of the Integrated Assessment Team examination. The legal process for someone who abuses narcotics to receive rehabilitation at the Tana Toraja District BNN has implemented the concept of restorative justice. The legal process is carried out in an integrated manner involving the BNN medical team and legal team. The results of the team\u27s examination will later be used as material for consideration by the panel of judges in handing down legal sentences against perpetrators of narcotics abuse
Strategi Pemerintah Dalam Penerapan Aplikasi Identitas Kependudukan Digital (IKD) Oleh Dinas Kependudukan dan Pencatatan Sipil Kabupaten Cirebon
Get PDFThis research is entitled Government Strategy in Implementing the Digital Population Identity (IKD) Application by the Cirebon Regency Population and Civil Registration Service in 2022. This research is motivated by the ineffectiveness of the efforts of the Cirebon Regency government, especially the Population and Civil Registration Service, in the outreach carried out to the community as it should be. completed in an appropriate manner regarding the implementation of the Digital Population Identity Application which, if implemented properly, will make it easier for the public to apply for services related to population administration. This research aims to analyze and describe the Government\u27s Strategy in Implementing the Digital Population Identity (IKD) Application by the Cirebon Regency Population and Civil Registration Service in implementing the Digital Population Identity Application (IKD). The research method used is a descriptive method with a qualitative approach. The data obtained comes from research results through literature studies and field studies through observation, interviews and documentation. The objective component is related to the strategic objectives of the Cirebon Regency government in terms of implementing the Digital Population Identity Application. Environmental components, internal and external environmental conditions that contain potential threats in the Cirebon Regency government strategy in implementing the Digital Population Identity Application. Direction component, in its implementation there are directions given by the Cirebon Regency Population and Civil Registration Service to related parties. The action component is carried out by implementing the Digitak Population Identity Application through several programs which will have an impact on improving public services in Cirebon Regency. The learning component has advantages and disadvantages in implementation, so an evaluation is carried out. Based on the research results, it can be concluded that based on the explanation and analysis of the Government\u27s Strategy in Implementing the Digital Population Identity (IKD) Application by the Cirebon Regency Population and Civil Registration Service, it has not been implemented effectively and is still far from optimal.
 
Pelanggaran Hukum Terhadap Hak Konsumen oleh Pelaku Usaha Pada Marketplace Dengan Tidak Memberikan Informasi Mengenai Produk Secara Jelas
Get PDFThe rapid advancements in technology, particularly in the fields of science and technology, have significantly simplified human activities, especially in economic terms. This is evident in the shift towards online transactions, which have become a primary mode for economic activities and meeting daily needs, such as online buying and selling. In today’s globalized era, transactions do not require face-to-face interactions thanks to internet platforms known as marketplaces. These platforms facilitate the exchange between sellers and buyers without direct contact, offering various transactional facilities that enhance user convenience such as multiple payment methods, detailed product categories, delivery options, and a range of seller credentials including official shops and trusted labels. However, while these features provide numerous advantages, there are also inherent risks, such as increased opportunities for fraud since the transactions are not conducted face-to-face. This paper highlights a specific case encountered on the Shopee marketplace involving a misrepresented sale of a book, illustrating a breach of consumer rights as defined by Indonesia\u27s Consumer Protection Law No. 8 of 1999. The principles of consumer protection, which include fairness, balance, and legal certainty, are discussed. These principles are essential for ensuring that consumers are protected from deceptive business practices and receive goods that correspond both in quality and quantity to what is paid for and advertised by the business
Perubahan Perseroan Terbatas Perorangan Menjadi Perseroan Terbatas Persekutuan Modal Ditinjau Dari Kemanfaatan Hukum
Get PDFThe government provides convenience for Micro and Small Enterprises (hereinafter abbreviated as UMK) by making a breakthrough through Law Number 6 of 2023 concerning the Stipulation of Government Regulations in Lieu of Law Number 2 of 2022 concerning Job Creation into Law. Article 109 of Law Number 6 of 2023 concerning Job Creation reads: "A Limited Liability Company, hereinafter referred to as the Company, is a legal entity that is a capital partnership, established based on an agreement, carrying out business activities with authorized capital entirely divided into shares or individual Legal Entities that meet the criteria for Micro and Small Enterprises as stipulated in the laws and regulations regarding Micro and Small Enterprises." If an individual PT no longer meets the criteria for Micro and Small Enterprises and/or its shareholders become more than 1 person, the Individual PT must change its status to a Capital Partnership as stipulated in Article 17 of the Regulation of the Minister of Law and Human Rights of the Republic of Indonesia Number 21 of 2021 concerning Terms and Procedures for Registration of Establishment, Change and Dissolution of Limited Liability Company Legal Entities. The purpose of this study is to determine and analyze the change of Individual PT to Capital Partnership PT, as well as the legal benefits in changing Individual PT to Capital Partnership PT. This research uses normative juridical methods by taking a statutory approach and a conceptual approach. The nature of the research uses descriptive analysis by reviewing, describing, and explaining legal problems or issues regarding the change of Individual PT to Capital Partnership PT in terms of legal benefits. The results showed that the change of Individual PT to Capital Partnership PT creates legal benefits for Micro and Small Enterprises in the ease of doing business and investing.
 
Analisis Pembelaan Terpaksa dalam Putusan Mahkamah Agung RI Nomor 61 K/Pid/2020
Get PDFSebagai sebuah negara hukum, maka segala kegiatan yang terjadi di dalam negara harus dapat dilakukan dengan berlandaskan kepada hukum yang berlaku. Namun, dalam hal ini tidak menutup kemungkinan terhadinya pelanggaran hukum yang disebut juga dengan pelanggaran pidana. Salah satu pelanggaran hukum yang tidak sedikit terjadi adalah tindak pidana pembunuhan sebagaimana diatur dalam Pasal 338 Kitab Undang-Undang Hukum Pidana (KUHP). Pada kasus ini, kerap kali terjadi individu korban yang dijadikan sasaran oleh pelaku akan melakukan perlawanan balik sebagai bentuk perlindungan diri karena merasa terancam, sehingga individu yang seharusnya menjadi seorang Korban dapat terancam dengan melakukan perlawanan balik sebagai bentuk perlindungan diri. Adapun, metode yang digunakan di dalam penulisan ini adalah metode penelitian hukum normatif dengan sumber yang diperoleh oleh studi kepustakaan dengan menggunakan pendekatan perundang-undangan (statue approach) melalui data sekunder yang nantinya dianalisis secara deduktif. Apabila seluruh data tersebut telah terkumpul akan dijelaskan secara deskriptif agar dapat menjelaskan hal terkait secara sistematis di dalam penulisan. Muara dari penulisan ini adalah pentingnya pembuktian pembelaan terpaksa yang harus dilakukan di muka pengadilan sebagai pertimbangan bagi hakim untuk melakukan penalaran sebelum memberikan putusan atas tindak pidana yang terjadi. Di mana dalam hal ini hakim harus dapat memberikan keputusan dengan melakukan legal reasoning