UNES Law Review (Universitas Ekasakti Padang)
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Tanggung Jawab Pihak Pengelola Aplikasi Jual Beli Online (Shopee) Terhadap Penjualan Produk Tiruan Merek Terkenal
Get PDFThis study aims to determine the responsibility of the manager of the online buying and selling application (Shopee) for the sale of counterfeit products of well-known brands and legal protection for owners of well-known brands in selling counterfeit products through online buying and selling applications (shopee). The type of research used is normative legal research. The object of study in this research is the Civil Code, Law Number 20 of 2016 concerning Marks and Geographical Indications, Law Number 19 of 2016 concerning Information and Electronic Transactions, law books and legal journals from various media related to this research. The results of this study indicate that the responsibility of the manager of the Shopee buying and selling application is to sell famous brand counterfeit products. In the form of action if there is a report from the owner of IPR or in the sense of the owner of a well-known mark. The legal protection of well-known brand owners is contained in Law Number 20 of 2016 concerning Marks and Geographical Indications where in the event of a trademark violation in the Shopee online buying and selling application, it is repressive protection in the form of being able to file a lawsuit against article 83 paragraph (1) and also article 1365 of the Civil Code. This proves that saving legal loopholes when infringement of well-known marks is an initiative of the brand owner, and the absence of preventive protection in the form of prudence and responsibility to protect well-known brand owners, thereby harming brand owners when their brand products are imitated and traded without rights in buying and selling applications. online shopee
Penerapan Hukum Indonesia Terhadap Tindak Pidana Pornografi bagi Pelaku dengan Eksibisionisme
Get PDFThe pornography case was committed by Siskae who created pornographic content on the social media onlyfans, where Siskae\u27s actions constituted a criminal act of pornography, where Siskae suffered from the mental disorder of exhibitionism, namely sexual deviation that occurs to a person which causes the sufferer to experience increased sexual arousal when he shows a tool. her gender. Due to Siskae\u27s mental disorder, Siskae, based on Article 44 of the Criminal Code regarding justification and forgiveness, received a reduced sentence and restorative justice could be implemented
Analisis Obstruction Of Justice dalam Perspektif Hukum Pidana
Get PDFThe aim of this research is to analyze obstruction of justice from a criminal law perspective. The type of legal research method used in this research is a normative research method. The approach methods that will be applied are the Statute Approach and the Case Approach. The data collection technique uses library research (normative legal research) which focuses on secondary data, so the author conducted research on laws and government regulations relating to this research. Data collection tools in normative juridical research come from secondary data with the aim of obtaining concepts, theories and information as well as conceptual thoughts from previous researchers in the form of statutory regulations, scientific works, journals and others. The data analysis technique begins with examining the collected data, then conducting direct and directed interviews, then conducting qualitative data analysis, that is, the data obtained is arranged systematically and then analyzed qualitatively in the form of rules. The results of this research found that the criminal act of obstruction of justice as regulated in the provisions of Article 21 Article 21 of Law no.31 of 1999 Jo Law no. 20 of 2001 concerning Eradication of Corruption Crimes and Article 22 of Law no. 21 of 2007 concerning the Eradication of the Crime of Human Trafficking is a crime in which the perpetrator commits acts by obstructing the justice process against laws that are actually clear and against law enforcement such as giving false information, committing violence, destroying evidence, premeditated crimes and make threats. As stated in Article 221 paragraph (1), the Criminal Code threatens with criminal penalties for anyone who hides or helps someone who commits a crime so that the person avoids investigation or detention. In the criminal act of obstructing the legal process (obstruction of justice) apart from being viewed from the act which contains a mistake on the part of the perpetrator which must be considered as intentional as intended, and the act is clearly in conflict with the applicable laws and regulations then the act can be is said to be a criminal act/criminal act
Perempuan Korban Kekerasan Berbasis Gender Online dan Perlindungan Hukumnya
Get PDFSeeing from the historical side, violence is one of the oldest social problems, which may be as old as human civilization, this is understandable because basically humans are homo homini lupus creatures, referring to the thoughts of the famous philosopher Aristotle, that humans can become wolves for others, can become "cannibals" in the sense that in certain situations humans can commit acts of violence against others both in physical and psychological forms. One form of violence that has been a serious problem for a long time is gender-based violence, especially against vulnerable groups, namely women. The phenomenon of violence against women is a global issue that continues to be discussed in various forums on a domestic, regional and international scale. Gender-based violence does not only target women, but can also occur in several other groups such as men, transgender or LGBT people. However, statistically, it does happen more to women. Gender-based violence targeting women is an act of terror against women that occurs quite a lot in various parts of the world Online Gender-Based Violence (GBV) has become a global phenomenon that is happening along with the progress and increased access to internet-based communication technologies. This research is a normative legal research that is reinforced with primary data to sharpen analysis. The results show that the forms of gender-based violence against women are cyber grooming, cyber harassment, hacking, illegal content, infringement of privacy, threat of personal photo/video distribution (malicious distribution), online defamation, and online recruitment. Legal protection for women victims of online gender-based violence refers to the regulations stipulated in the PKDRT Law, ITE Law, Child Protection Law, Pornography Law and TPKS Bill
Perlindungan Petani Atas Pendistribusian Bibit Tanaman di Padang Lawas Utara Perspektif Maslahah Mursalah
Get PDFForms of policy that can be provided to protect Farmers\u27 interests include regulating imports of Agricultural Commodities in accordance with the harvest season and/or domestic consumption needs; providing agricultural production facilities that are timely, of the right quality and at affordable prices for farmers, as well as subsidies for production facilities. The aim of this research is to determine legal protection for farmers who receive distribution of rice seeds in the District. North Padang Lawas, obstacles and efforts. Data analysis in this research uses qualitative analysis with primary data sources obtained from the District Agriculture Service. North Padang Lawas and from the Farmers Group. Based on the research results, the legal concept of protection for farmers is the protection of farmers\u27 rights. In terms of regulations, legal protection for farmers is regulated in Law Number 41 of 2009 concerning Protection of Food Agricultural Land which has been replaced by Law and Law Number 19 of 2013 concerning Protection and Empowerment of Farmers; Legal protection for farmers who receive rice seed distribution facilities in the District. Padang Lawas Utara by facilitating farmers to obtain distribution of rice seeds, such as providing information to farmers about the mechanism for obtaining plant seeds to be distributed. In implementing legal protection for farmers in Kab. In North Padang Lawas there are obstacles, namely regarding the distribution of plant seeds that do not comply with the provisions set by the government and the lack of communication interaction between the district Agriculture Service. North Padang Lawas with farmer groups. Efforts made are to systematically collect data on farmer groups and improve communication with farmer groups
Kepastian Hukum Surat Kuasa Mutlak dalam Hal Tanah sebagai Objek Hak Tanggungan
Get PDFAbsolute power in the case of land objects was initially prohibited in accordance with the provisions of the Minister of Home Affairs Instruction Number 14 of 1982 concerning the Prohibition of the Use of Absolute Power of Attorney as a Transfer of Land Rights and Government Regulation Number 24 of 1997 concerning Land Registration. The use of absolute power can then be permitted in accordance with the provisions of the Letter of the Director General of Agrarian Affairs on behalf of the Minister of Home Affairs of the Republic of Indonesia Number 594/493/AGR dated 31 March 1982 and the Regulation of the Head of the National Land Agency of the Republic of Indonesia Number 10 of 2014 concerning the Revocation of Legislation Regarding Land. The purpose of this research is to explore the limits of absolute power that can or cannot be used in the case of land as an object of mortgage rights as an embodiment of legal certainty by referring toestablished rightwhile exploring the legal consequences. The type of legal research used is normative. The approach used in this research is statutory, conceptual and case regulations. The results of the research found that the limits of absolute power that can be used are inseparable from the main agreement which includes that all rights attached to the parties have been fulfilled. The grant of power cannot then be substituted. The legal consequences are attached to the agreement, namely that it can be canceled or null and void by law. Legal certainty regarding the use of absolute power has not yet been realized, because there are no explicit statutory regulations that regulate absolute power.Kuasa mutlak dalam hal objek tanah pada awalnya dilarang sebagaimana ketentuan Instruksi Menteri Dalam Negeri Nomor 14 Tahun 1982 tentang Larangan Penggunaan Kuasa Mutlak Sebagai Pemindahan Hak Atas Tanah dan Peraturan Pemerintah Nomor 24 Tahun 1997 tentang Pendaftaran Tanah. Penggunaan kuasa mutlak kemudian dapat diperbolehkan sebagaimana ketentuan Surat Direktur Jenderal Agraria atas nama Menteri Dalam Negeri Republik Indonesia Nomor 594/493/AGR tertanggal 31 Maret 1982 dan Peraturan Kepala Badan Pertanahan Nasional Republik Indonesia Nomor 10 Tahun 2014 tentang Pencabutan Peraturan Perundang-undangan Mengenai Pertanahan. Tujuan penelitian ini untuk menggali batasan kuasa mutlak yang dapat digunakan atau tidak dapat digunakan dalam hal tanah sebagai objek hak tanggungan sebagai perwujudan kepastian hukum dengan mengacu pada ius constitutum sekaligus menggali akibat hukumnya. Jenis penelitian hukum yang digunakan adalah normatif. Pendekatan yang digunakan pada penelitian ini ialah terhadap peraturan perundang-undangan, konseptual, dan kasus. Hasil penelitian didapati bahwa batasan kuasa mutlak yang dapat digunakan ialah tidak terpisahkan dari perjanjian pokok yang mencakup bahwa kesemua hak yang melekat pada para telah terpenuhi. Pemberian kuasa kemudian tidak boleh disubsitusikan. Akibat hukumnya melekat pada perjanjiannya, yaitu dapat dibatalkan atau batal demi hukum. Kepastian hukum dalam hal penggunaan kuasa mutlak ialah belum terwujud, karena belum terdapat peraturan perundang-undangan secara eksplisit yang mengatur terkait kuasa mutlak
Akad Nikah Daring (Studi Kasus Akad Nikah Shaffira Gayatri dan Max Walden)
Get PDFThis research aims to examine the phenomenon of online marriage contracts from two main perspectives: Islamic law and a phenomenological approach. Fundamental questions arise along with these developments. What is the practice of carrying out online marriages and what is the view of Islamic law regarding the validity of marriage contracts carried out online. This research will explore this problem by using a phenomenological approach to understand the social and normative impacts of online marriage contract practices. In addition, this research will also involve an analysis of Islamic legal views related to this practice, considering the importance of marriage in the teachings of the Islamic religion. The case study of Fira and Max Walden\u27s marriage illustrates how technology has facilitated long-distance relationships and allowed couples to overcome geographic barriers. However, it is important to remember that the implementation of an online marriage contract must comply with the legal requirements stipulated in Islamic law, such as ittihād al-majelis, lafadz yang sharih, and ittisāl, as stipulated in the MUI fatwa. Thus, this practice can be recognized as valid in the view of Islamic law if it meets the stipulated conditions
Pertanggungjawaban Direksi Perseroan Terbatas Terhadap Kebijakan Bisnis yang Menguntungkan di Luar Maksud dan Tujuan Perseroan Terbatas
Get PDFA Limited Liability Company is a legal entity whose capital consists of shares, and the liability of its shareholders is limited according to the number of shares they own. Limited Liability Company has organs with specific functions and authorities. The Board of Directors of a Limited Liability Company is one of these organs, responsible for managing the company with good faith and full responsibility. This journal discusses the implementation of policies or decisions by directors that benefit the Limited Liability Company but are beyond its intended purpose, aiming to educate the public and business practitioners about the application of directorial policies or decisions in line with the objectives of the Limited Liability Company
Implementasi Nikah Muda dalam Keharmonisan Rumah Tangga
Get PDFYoung marriage is one of the marriage activities carried out by underage couples or when they are still students. Young marriage has been widely practiced by Indonesian people who still do not understand harmony in the household. The purpose of this writing is to analyze the implementation of young marriage in household harmony. The method used in the research uses a qualitative type. The results obtained by harmony in a household can be seen from the achievement of good communication, relationships based on love, peace and happiness. Based on a literature study conducted, some households have not been able to achieve a sense of harmony in the household due to several factors, one of which is the age of the husband or wife. This could be caused by the psychological feelings of the bride and groom who are not yet stable or immature, so that it will be more dominant in triggering conflict in the household. Apart from that, conflicts within the household can also arise due to economic problems
Hukum Penetapan Mahar Oleh Sultan Selangor di Tinjau dari Hukum Islam
Get PDFIslam has established lofty and noble goals for marriage. Islam also establishes dowry as an exclusive right for women. The dowry is a financial right that is obligatory by the prospective husband to the prospective wife. Although the dowry is an obligation of the prospective husband to the prospective wife, Islam never burdens the dowry beyond the ability of the prospective husband himself. However, what happened in Malaysia, especially in the State of Selangor, the Sultanate of Selangor issued a regulation regarding the minimum limitation of the amount of dowry in the state of Selangor, where Islam itself never gave a minimum or maximum limit to the amount of dowry. Because of this, this research aims to find out how Islamic law views the determination of the minimum amount of dowry set by the Sultanate of Selangor. With the formulation of the problem of how the implications of the Selangor Islamic Religious Office\u27s decision on the minimum amount, how Islam views the determination of the minimum amount of dowry set by the Sultanate of Selangor. This research uses qualitative research with a juridical sociological empirical legal approach where the author focuses on research on the implementation or operation of a rule of Islamic law in society, whether it is related to the effectiveness of implementation, to the impact of its implementation on Islamic law in the structure of society. The results of the research show that the fuqaha agree that there is no maximum limit in the amount of dowry, but in the minimum limit the fuqaha differ in their opinion regarding this matter