Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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PENANGGULANGAN PELANGGARAN LALU LINTAS OLEH SATUAN LALU LINTAS POLRES BUKITINGGI TERHADAP PELAJAR
Get PDF The use of motorbike vehicles in the city of Bukittinggi is currently very rapid, but not accompanied by an increase will be aware and safe driving, especially for students at the high school/vocational/equivalent level, many who do not meet the safety standards in driving as stipulated in legislation. Bukittinggi is one city that also has a lot of both public and private schools, this also causes the violations committed by the instructor, including not having a SIM (Driving License), not wearing a helmet and changing vehicle standards. The purpose of this paper is to find out and analyze the response to traffic violations committed by students by the Bukittinggi Police Traffic Unit. The problem in this study is how to overcome traffic violations committed by students by the Bukittinggi Police Traffic Unit. To make this system more systematic, the writer uses an empirical juridical approach. The results of this study indicate that in overcoming traffic violations committed by students, the Bukittinggi police traffic unit conducts preventive and respite prevention. The factors that become obstacles in overcoming traffic violations committed by students are: The problem of legal awareness and traffic legal compliance among students is still lacking. Therefore it is necessary to look at the form of response so that it can overcome traffic violations
PEMIDANAAN TERHADAP ANAK SEBAGAI PELAKU TINDAK PIDANA STUDI KASUS PERKARA PIDANA NO. 07/PID-SUS-ANAK/2017/PN.PDG
Get PDFThis study illustrates the basis and consideration of public prosecutors and judges in convicting children as perpetrators of crimes in a letter of claim and decision. There were two issues that would be examined, namely: a) What is the basis and consideration of the Public Prosecutor to file a complaint against the Child as a criminal in a case Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, b) What is the basis and consideration of the Judge in making a decision on the Child as a criminal offender in the decision Number: 07/Pid.Sus-Anak/2017/Pn.Pdg, To discuss this problem a normative juridical method is used. From the results of the research obtained answers, a) the basis of the public prosecutor to file a claim against a child is Law Number 3 of 1997 concerning the Juvenile Court and Law Number 11 of 2012 concerning the Juvenile Justice System, and several Circular of the Indonesian Attorney General, while prosecutor's consideration General filed a claim in court No. 07/Pid.Sus-Anak/2017/Pn.Pdg was the fulfillment of the elements of the article being charged, things that incriminate and alleviate children's actions, the condition of parents of children, recommendations of correctional facilities (Bapas), paying attention to the interests of the community, victims and perpetrator; b) the basis of the judge in making a decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg was Law Number 11 of 2012 concerning the Criminal Justice System of Children and was Law Number 3 of 1997 concerning Juvenile Courts. There were 2 (two) considerations the judge handed down the decision in case No. 07/Pid.Sus-Anak/2017/Pn.Pdg are juridical considerations and non-juridical considerations
PERLINDUNGAN MEREK TERKENAL CHRISTIAN DIOR DITINJAU DARI KONSEP DILUSI MEREK
No full textThe practical purpose of writing this journal was to find out whether the famous Christian Dior brand has legal protection when viewed from the concept of brand dilution. The research method used was normative juridical. Brand dilution is different from general brand violations. Brand dilution occured when well-known brands are used in goods of different types. The dilution of the brand does not require proof of the possibility of confusion to the consumer. The use of the famous Christian Dior brand by third parties can cause a reduction in the strength of the distinctiveness or uniqueness of the Christian Dior brand. The concept of brand dilution was actually implied in article 21 paragraph (1) letter c of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, but has not been specifically regulated. This resulted in a legal vacuum in resolving disputes over famous brands that occurred in Indonesia
PERLINDUNGAN HUKUM PARA PIHAK DALAM PERJANJIAN WARALABA MAKANAN
Get PDFThis research aimed to find out and analyze the legal protection of the parties in a food franchise agreement. Furthermore, this research also aimed to find out and analyze the efforts that could be taken by the parties in the event of default in the implementation of the Franchise Agreement. The research that made Sukoharjo Branch Bakso Tengkleng Mas Bambang Branch as a respondent was a juridical empirical qualitative research and analyzed the data collected using qualitative descriptive methods. The results of the research showed that the form of legal protection provided was in the form of preventive and repressive legal protection. Preventive legal protection could be seen in the clause contained in the Tengkleng Mas Bambang Meatball Franchise Agreement which contained the obligations of each party, namely in Articles 5 and 6 concerning the obligation to maintain confidentiality, maintain the brand, and comply with established procedures. Preventive legal protection was also stated in Article 1 number 9 and Article 11 of the Franchise Agreement regarding the prohibition to provide food and beverages other than Tengkleng Mas Bambang Meatballs and trade secrets. Repressive legal protection was seen through the provision of resolving disputes through consensus. If the meeting did not succeed in reaching an agreement then both parties could resolve the dispute through litigation. So far, any form of dispute that occured including defaults could still be resolved through deliberation without taking the path of litigation
PENGATURAN PENYERAHAN PROTOKOL NOTARIS YANG TELAH MENINGGAL DUNIA DAN PRAKTEKNYA DI PROVINSI SUMATERA BARAT
Get PDFThe Notary Protocol is a collection of documents that is a state archive that must be stored and maintained by a Notary. Regarding the Notary protocol and its submission are regulated in article 63 UUJN and UUJN. If the Notary dies, the Notary protocol shall be submitted by the heir to the MPD or other Notary Public. The purpose of this writing is to analyze the provisions of the Law on the Submission of Notary Protocols who have died, their practices and the responsibilities of the heirs to the Notary Protocol and legal actions taken by the MPD for the Notary Protocol that have not been submitted. This research uses an empirical juridical approach method. Article 63 UUJN and UUJNP have been explained regarding the surrender of the notary protocol that has died, but in practice there is a discrepancy with the applicable regulations, this is due to the lack of education and socialization from the Notary himself to the heirs or his family. If the Notary Protocol is not immediately submitted to the Notary Recipient of the protocol, then the MPD as a Notary supervisory agency is authorized to take the notary protocol that has not been submitted and give it to the Notary recipient of the Notary protocol. In carrying out his position as the notary recipient of the protocol, of course there must be a legal basis in the form of a Decree from the Minister of Law and Human Rights regarding the appointment of a Notary Public receiving the Notary Protocol, but in practice there are still notaries who have not yet received the Decree, this is due to the inadequacy of the decision of the MPD by the Minister of Justice and Human Rights
PENERAPAN SANKSI HUKUM BAGI PARA ADVOKAT PELAKU TINDAK PIDANA SUAP DALAM SISTEM HUKUM POSITIF DI INDONESIA
Get PDFCurrent bribery is very much happening in various regions of Indonesia and this can be seen from the increasingly widespread acts of abuse and abuse of the authority of law enforcement officers and can not be separated from the various things that make the occurrence of various bribery and wrong actions the other is done by Advocates who are part of one of the law enforcement officers in Indonesia, Advocates should be an example for the community and other law enforcement officials to obey and enforce the law. This research was conducted using normative juridical and statute approach, conducting studies on applicable laws and regulations and other regulations relating to the subject matter discussed in this research. The results of this study indicate that the application of sanctions to Advocates as perpetrators of bribery is subject to criminal penalties as stipulated in (Criminal Law, bribery law andthe law to eradicate corruption) and also the application of sanctions for Advocates' Code of Ethics
PENINGKATAN HAK GUNA BANGUNAN RUMAH TINGGAL DIBEBANI HAK TANGGUNGAN MENJADI HAK MILIK DIATAS HAK PENGELOLAAN
Get PDFThe time period given to Building Utilization Rights for houses and used as collateral for debts by the Debtor, will cause legal problems in the future, the debtor does not have legal certainty regarding his rights, and for Creditors it will be difficult to sell in the event of bad credit. Debtor based on PerMenAg / Ka. The Land Agency Number 5 of 1998, can apply for an increase in ownership rights without paying off the debt first. Requests for increased rights can be processed after the Debtor has received written approval from the Creditors. For the continuity of credit guarantee prior to HM Upgrade, SKMHT is made. This article is based on the implementation of the Increased Right to Use for Residential Buildings which are burdened with Underwriting rights to Ownership Rights at the Land Office of Padang City by using the Empirical Juridical Method, where the author conducts research directly into the Padang City land office. Conclusion of the implementation of increasing use rights of residential buildings which are burdened with mortgage rights at the Land Office based on the Minister of Religion / Head of BPB No. 5 of 1998, carried out according to the procedure, does not take a long time and costs a lot
PELAKSANAAN PERJANJIAN ANTARA PDAM KOTA PAYAKUMBUH DENGAN PAMSIMAS KOTA PAYAKUMBUH
Get PDFWater is a very basic need for humans, so in accordance with article 33 paragraph (3) of the 1945 Constitution, natural resources in the form of water must be managed and utilized as well as possible, the formulation of the problem was: with PAMSIMAS Payakumbuh City, What are the obstacles in implementing the agreement and what are the efforts to overcome the obstacles in implementing the agreement between the PDAM and PAMSIMAS ?, The research method was empirical juridical. The results showed that the implementation of the Agreement between Payakumbuh City PDAM and Payakumbuh City PAMSIMAS was implemented based on the Agreement that had been agreed upon by the two parties. The constraints in implementing the agreement were as follows: There was a delay in payment by the PAMSIMAS to the PDAM. Efforts made to overcome the obstacles in the implementation of the agreement between the PDAM and PAMSIMAS are by way of the two parties agreeing to settle by deliberating and consensus. In the event of a delay in payments by PAMSIMAS, the PDAM gives sanctions in the form of fines. The author's advice was: To implement the Agreement between Payakumbuh Municipal PDAM and Payakumbuh City PAMSIMAS as well as possible, pay water bill bills on time, so that PDAM Kota Payakumbuh's efforts in facing existing constraints, the implementation needs to be increased so that a balanced relationship is created with the Payakumbuh Municipal PDAM
PROBLEMATIKA PELAKSANAAN ABORSI BAGI KORBAN PERKOSAAN DALAM UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN
Get PDFRape is a frightening crime for women because the impact of rape is not only felt when the crime is committed, but also affects the future. One of them is an unwanted pregnancy. For rape victims, the choice of continuing an unwanted pregnancy or having an abortion is an equally difficult choice. Basically, abortion is clearly a prohibited act, both legally, morally, ethically, decently, and religiously. Although prohibited, abortion cases in Indonesia actually show an increase every year. In response to the problem of abortion for victims of rape, the government has given birth to Law Number 36 of 2009 concerning Health. However, since the legal umbrella was born, it has been minimal and in fact there have been almost no rape victims who have used this safe abortion practice as a way to abort their unwanted abortion. This happens because of problems in the field of practice, it is not as easy as the description of the theory set forth in the legislation. While almost every day rape victims continue to fall in all parts of Indonesia. To answer this problem, the author conducts research using normative juridical methods. Thus it is expected to be able to find problems or problems in the implementation of abortion for victims of rape based on Law Number 36 of 2009 concerning Health. The research shows that there are three problems in Law Number 36 Year 2009 regarding Health which makes it difficult for rape victims to obtain safe and legal abortion services. These problems include the maximum obstetrical age of 40 days for abortion for rape victims to be considered too short, the Ministry of Health has never prepared training requirements for medical personnel and counseling training for abortion for rape victims, then health services that meet the conditions set by the Minister is still very limited and cannot be easily accessed in any part of Indonesia. Therefore, the problematic implementation of legal and safe abortion for rape victims found in the Health Act must be immediately corrected, so that rape victims do not return to become victims due to the implementation of unsafe illegal abortion practices
ANALISIS DIKABULKANNYA PERMOHONAN PENINJAUAN KEMBALI SETELAH PELAKSANAAN PUTUSAN SENGKETA GADAI TANAH ULAYAT
Get PDFThe settlement of agricultural land plot disputes over communal ulayat often culminates in the settlement in the realm of the Court. The judge's ruling is based on Law Number 56 Prp of 1960 and there are decisions based on Minangkabau Traditional Law. The problem was how the consideration of the panel of judges on the settlement of agricultural land disputes over ulayat of the people in the decision of Review of number 394 PK/PD/2011 and How the position of the land buyer in the settlement of agricultural land disputes disputes over ulayat people after the release of judgment review number 394 PK/PDT/2011. The method used to solve the problem was normative juridical, meaning that by using the approach of legislation and relevant theory will illustrate the legal certainty relating to the problems that have been formulated. The result of the research which was derived from the problem formulation was obtained the result, the settlement of agricultural land disputes over the ulayat of the people in the court should be based on the National Legislation and the Minangkabau Adat Law provisions, the two legal bases are contradicted and in the decision of Review Number 394 PK/PDT/2011, the Panel of Judges of Judicial Review did not base the judgment of the Review on the National Law and Minangkabau Customary Law and the possession of the object was submitted to the purchaser of the object of such pledge. The judge's opinion on this Review was false, unfounded and not fair because it was inconsistent with the National Law and Minangkabau Law