UNES Law Review (Universitas Ekasakti Padang)
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Hukum Penyalahgunaan Foto Media Sosial Orang Lain Untuk Konten di Tinjau dari Fatwa MUI No 01 Tahun 2005 Tentang HKI (Studi Kasus Kreator Capcut Medan)
Get PDFThis research aims to analyze the legal implications of the misuse of photos from individuals\u27 social media for content creation, focusing on the perspective of the Indonesian Council of Ulama (MUI) Fatwa No. 1 of 2005 on Intellectual Property Rights. A case study is conducted on Capcut creators in Medan as a representation of this phenomenon. The research methodology involves document analysis and interviews with several Capcut creators. this research, the author chose field research as the primary approach. This approach enables the researcher to approach respondents directly through interviews and observations. Interviews are defined as a verbal question-and-answer process between the researcher and respondents, conducted face-to-face to obtain direct information. In this context, the author conducted interviews with Capcut creators in the city of Medan. The findings indicate that the misuse of social media photos of others for content by Capcut creators in Medan may involve violations of intellectual property rights. MUI Fatwa No. 1 of 2005 provides legal guidance regarding the use of others\u27 content; however, its implementation in the practices of Capcut creators still poses some issues
Jual-Beli Tanah Reklamasi Pantai Dalam Tinjauan Pasal 1320 KUHPerdata (Studi Kasus Di Kecamatan Sapeken Kabupaten Sumenep)
Get PDFAbstract: Buying and selling land is an agreement where the party who owns the land, called the “seller”, promises and commits himself to handing over his rights to the land in question to another party, called the “buyer”. Based on Article 1457 of Civil Code (KUHPer), sale and purchase is an agreement in which one party binds himself to hand over an item and the other party to pay the promised price. Price can be interpreted as a legal means of certain payment in the form amount of money. In order for an agreement to be valid and binding on the parties, it must fulfill the conditions stipulated in Article 1320 BW, which are: agree by those who bind themselves; Capable of making the agreement, A certain thing, A lawful cause or cause. Reclamation comes from the word “reclamation”, which in English means renewing. Meanwhile, in terms of reclamation, it is a form of effort to expand land or create land that can be utilized, it is of course. Reclamation, which is a process of restoring land and is carried out by opening up new land in coastal areas, has many concepts applied by various countries in the world to utilize coastal areas. The goal of reclamation is to create new land for housing, agriculture, and industry. The reclamation land is most often found in coastal cities to increase housing capacity and build ports.
Abstrak : Jual beli tanah ialah perjanjijan dimana pihak yang mempunyai tanah disebut dengan “Penjual”, berjanji dan mengikatkan diri menyerahkan haknya atas tanah miliknya kepada pihak lain, yang disebut “Pembeli”. Sesuai Pasal 1457 kitab Undang-Undang Hukum Perdata (KUHPer) jual beli ialah sebuah persetujuan pihak yang satu mengikatkan dirinya untuk menyerahkan barang dan pihak yang lain untuk membayar harga yang dijanjikan. Harga bisa dimaknai alat pembayaran yang sah berupa sejumlah uang. Supaya perjanjian menjadi sah dan mengikat para pihak, maka harus terpenuhi persyaratan sesuai pasal 1320 BW, sebagai berikut : Sepakat mereka yang mengikatkan dirinya, Suatu hal tertentu, Cakap untuk membuat perikatan, Suatu sebab atau causa yang halal.Reklamasi asalnya dari kata “reclamation, dalam Bahasa inggris bermakna memperbarui. Selanjutnya definisi reklamasi yaitu upaya perluasan tanah atau daratan untuk dibuat lahan supaya bisa dimanfaatkan. Reklamasi adalah proses pemulihan daratan dengan cara membuka daratan baru di Kawasan pesisir, cara dan konsep ini banyak diterapkan oleh berbagai negara di dunia sebagai pemanfaatan daerah Kawasan pesisir. Reklamasi bertujuan menciptakan lahan baru untuk pertanian, perumahan dan industri. Kota-kota pesisir banyak dijumpai lahan-lahan reklamasi untuk membangun pelabuhan dan meningkatkan kapasitas perumahan.
 
Kebijakan Ham Berdasarkan Peraturan Perundang-Undangan dalam Pemberian Remisi dan Pembebasan Bersyarat Kepada Koruptor
Get PDFIn the current period, human rights are highly respected, as can be seen from the strategy of enforcing human rights itself by guaranteeing human rights for convicts of criminal acts of corruption who have been imprisoned for a long or short time, therefore they must also pay attention to their human rights such as welfare while serving. detention period. This scientific journal research method uses a normative research type. Based on the results of the research analysis, remission and conditional release are a form of protection from the state for the human rights of convicts of criminal acts of corruption, with restrictions by the state on their freedom, such as conditional release which can be granted after serving a minimum of 2/3 of the criminal term and has served well. both during the period of detention, with a minimum sentence of nine months. Where the granting of remissions and parole is still given. There are several other rights, firstly, prisoners have the right to worship in accordance with their religion, secondly, prisoners have the right to receive treatment, thirdly, to receive health services, fourthly, to receive education, fifthly, the right to express their complaints. Sixth, get reading material, seventh, get wages for the work you have done. Eighth, the right to receive family visits. And prisoners have the right to obtain other rights in accordance with applicable legal regulations
Mekanisme Hukum : Perdagangan Karbon Melalui Bursa Karbon di Indonesia
Get PDFIndonesia shows its commitment to the Paris Agreement held in 2016 on climate change. One of the implementations of this agreement, Indonesia has implemented carbon trading which carbon trading is one part of the mitigation to slow down climate change as well as realizing the target together with participating countries of 2 - 1.5 Celsius or with a percentage of 29% and 41% in 2030 and net zero emissions by 2060. Scientific research uses legal research methods, relying on the analysis of rules, norms, jurisprudence, and jurisprudential opinions. Moving on from the mandate of Law 14/2023 concerning the Development and Strengthening of the Financial Sector, OJK issued POJK Number 14 of 2023 concerning Carbon Trading through the Carbon Exchange. The POJK contains procedures for carbon trading through the carbon exchange, as well as regulation, licensing, supervision, and development of carbon trading through the carbon exchange
Perlindungan Hukum terhadap Hak Pasien dalam Pelayanan Kesehatan di Kota Batu
Get PDFThis study aims to analyze the role of Standard Operating Procedures (SOPs) in protecting the rights of patients at Puskesmas Batu. The research methodology employed is normative law, utilizing legislative and conceptual approaches. Through document analysis and examination of related regulations, this study investigates how SOPs at Puskesmas Batu are designed and implemented to ensure the safeguarding of patient rights, including the right to information, privacy, and access to safe, quality healthcare services. The findings indicate that, although the SOPs at Puskesmas Batu are designed in accordance with national standards, challenges persist in their implementation, notably resource limitations and personnel training. This research provides recommendations for enhancing the SOPs and practices at Puskesmas Batu to optimize patient rights protection
Pemberhentian Ketua Dewan Perwakilan Rakyat Daerah Kabupaten/Kota dalam Masa Jabatannya
Get PDFThe leadership of the Regional People\u27s Representative Council (DPRD) can be dismissed at any time before their term of office ends, as happened in Solok Regency, Bukittinggi City and West Pasaman Regency. The three DPRD Chairmen were dismissed from their positions before the end of their terms of office. The problem in this research is what are the arrangements and procedures for dismissing the chairman of the district/city Regional People\u27s Representative Council according to the relevant laws and regulations and whether the dismissal of the Chairman of the Regional People\u27s Representative Council is in accordance with the governing regulations. This research aims to determine the arrangements for dismissing the chairman of the district/city DPRD according to relevant laws and regulations during his term of office according to regional government regulations, the mechanism for dismissing the Chair of the DPRD and the legal consequences of dismissing the Chair of the DPRD during his term of office on the implementation of the functions and duties of the DPRD in accordance with the problem formulation and the planned research objectives, the method used in this research is empirical juridical. The research results show that: there are two types of procedures for dismissing the chairman of the district/city Regional People\u27s Representative Council, namely, through a proposal from a political party or through a complaint to the Honorary Board of the district/city Regional People\u27s Representative Council. Research carried out in three regions, can be concluded that first the dismissal of the chairman of the district DPRD. Solok could not be carried out because there was not enough evidence of violating the code of ethics, while the dismissal of the Chairman of the Bukittinggi City DPRD could not be carried out after the Padang PTUN decision which stated that Parizal Hafni as Chairman of the Bukittinggi City DPRD won his lawsuit against DPP Gerindra and finally the dismissal of the Chairman of the District DPRD. West Pasaman can be implemented because it is in accordance with existing procedures/mechanisms
Kewajiban Pembayaran Royalti atas Cover Lagu Perspektif Fatwa DSN Nomor 1 Tahun 2003 Tentang Hak Cipta (Studi Kasus YouTuber di Kota Medan)
Get PDFA song cover is the activity of repeatedly singing another person\u27s song and then releasing it as a new recording. YouTube monetization means that many people often cover other people\u27s songs to increase viewers and subscribers, so many people cover other people\u27s songs to get monetization or income from YouTube. The purpose of this research is to find out the reasons why YouTubers in the city of Medan cover songs, to find out the law on royalty payments for the act of covering songs based on DSN Fatwa Number 1 of 2003 concerning Copyright, and the implementation of regulations on the obligation to pay royalties for song covers on YouTube media by YouTubers in Medan city. The research method used is empirical juridical research using a statutory approach and case studies. This research is a descriptive analysis. Data was collected through observation, interviews, and document study. The results of this research show that the reasons why YouTubers in the city of Medan cover songs are varied, namely for commercial and non-commercial purposes. The obligation to pay royalties for song covers is based on DSN Fatwa No. 1 of 2003 concerning Copyright, it is said to be a violation if you perform, reproduce, record, distribute, or publish a song belonging to another person, especially for commercial purposes. However, if it does not have a commercial purpose and you have asked permission first from the copyright holder and include the name of the original owner, then the cover of the song is permitted and you are not required to pay royalties
Analisis Yuridis Terhadap Tindak Pidana Pemalsuan Akta Otentik oleh Notaris: Studi Kasus No. 146 K/PID/2015
Get PDFThis discussion delves into the legal aspects of criminal prosecution concerning authentic deeds containing forged signatures, with a specific focus on the responsibilities of notaries in the creation of authentic deeds and the legal considerations by judges based on Supreme Court Decision Number 146K/PID/2015. The discourse encompasses the definition of forgery, the penalties that may be imposed on notaries, and the legal considerations regarding the authenticity of authentic deeds affected by forged signatures. Emphasis is placed on the evidence admissible in legal cases, the authority of officials creating authentic deeds, consistency with applicable laws, and potential legal consequences. Forgery within authentic deeds, including forged signatures, constitutes a serious criminal offense that can result in severe legal consequences for the perpetrators. The responsibility of notaries as officials responsible for creating authentic deeds is to ensure the validity and authenticity of such documents. Supreme Court Decision Number 146K/PID/2015 provides guidance on the considerations judges should take into account when assessing the authenticity of authentic deeds containing forged signatures, including handwriting expert opinions, the utilization of forensic technology, and an examination of the context surrounding the creation of the deed. The importance of consistency with applicable laws in the process of creating authentic deeds cannot be overstated, as it is a crucial factor in determining the validity of legal documents in court. Legal consequences that may arise from forged signatures within authentic deeds include the nullification of the deed, legal sanctions imposed on the perpetrators, and restitution for damages to the aggrieved parties
Perlindungan Hukum Terhadap Konsumen (Studi Kasus Informasi Flash Sale Menyesatkan Bagi Konsumen)
Get PDFConsumer protection in online transactions and fraud that occurs on marketplace platforms is very important. Protecting consumers from unclear or incorrect information is critical in today\u27s digital environment. In Indonesia, laws already exist to protect consumers. Article 8 of Law Number 8 of 1999 concerning Consumer Protection provides a legal basis for protecting consumers from detrimental business practices. However, in the context of e commerce, more specific regulatory updates and adjustments are needed due to the tendency for fraud and unclear information on online platforms. Governments, police, and marketplace platform providers have an important role to play in educating consumers, enforcing laws regarding violations, and developing stronger policies to protect users. Prevention efforts must also be increased, for example by strengthening seller verification processes, increasing transparency of product information, and improving mechanisms for reporting and handling consumer complaints. The normative juridical research you carry out will make a significant contribution in understanding the need for more specific legal improvements related to electronic transactions and consumer protection on marketplace platforms. This will support efforts to prevent and overcome online fraud which harms consumers
Pertanggungjawaban Pejabat Pembuat Akta Tanah Terhadap Keabsahan Akta Jual Beli
Get PDFCertificates serve as proof of ownership of land registered with authorized PPAT approval, PPAT makes the original act for legal process, land can be transferred from one party to another through the process of purchase, sale, or inheritance. PPAT makes the act as proof of the implementation of legal activity related to a particular land. It is very important for PPAT to consider the components involved in making the PPAT act. Although PPAT may experience errors or inaccuracies in the process of making the act, therefore PPAT should be legally liable, and if proved guilty PPAT must be responsible, deliberately or not, legal consequences can be imposed on PPAT based on the degree of inexactitude or error in the sale and sale act made by PPAT. Based on this, the author is interested to raise this issue in a study entitled Responsibility of the Land Act Maker Officer to the validity of the Sale and Sale of Land Act. This research is focused on the type of normative research, i.e. legal research in which data collection is carried out using library research, data collected is analyzed using qualitative analysis described descriptively analytically. PPAT has full responsibility for the Sale and Purchase Act it makes, but if the fault lies on the other party then this is not part of PPAT\u27s responsibility