Journal Cendekia Hukum (JCH - STIH Putri Maharaja Payakumbuh)
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SPEECH COMPOSING MENURUT UNDANG-UNDANG NOMOR 28 TAHUN 2014 TENTANG HAK CIPTA
Get PDFSpeech Composing is a creation that has not been clearly regulated in Law Number 28 Year 2014 on Copyright. This opens up the possibility of copyright infringement from making Speech Composing. Copyright is an exclusive right of the creator granted by the State automatically after a creation is manifested in its tangible form. This exclusive right consists of the eternal inherent moral rights of the creator and the economic right of creation. Often people think just by putting the name of the creator in his work can prevent him from copyright infringement. Whereas the element of permission is an absolute thing if there are other parties who want to utilize the economic rights of the creator under Article 9 paragraph 2 of Law No. 28 of 2014 on Copyright. In this regard, X is the person who composed a song in Speech Composing using pieces of speech in AW's speech and uploaded to YouTube with no rights and without permission from AW. X infringes AW's copyright under Article 43 Sub-Article d of Law No. 28 of 2014 on Copyright
PROSPEK HUKUM ISLAM DI BIDANG PENGUATAN MONETER DENGAN PEMBERLAKUAN MATA UANG DINAR DAN DIRHAM
Get PDFThe limitation of the use of coins lies in its weight, so that since before Islam, in addition to the currency of the dinar and dirham, also apply to the trade papers and bonds (credit) for large commercial transactions. In running his government, at least the Prophet set nine policies in the field of monetary, among them are: First, let the currency of dinar and dirhams and trade notes and bonds payable. Second, the exemption of tariffs and import duties on imports of gold and silver and commodities from the Persian and Roman regions. Third, the prohibition of money accumulation (kanz). Fourth, the prohibition of stockpiling to maintain the stability of the value of money. Fifth, the prohibition of lending money (riba) which is run along with the prohibition of hoarding money (kanz) has accelerated the circulation of money directed to investment activities. Sixth, encourage interest-free loans (qardhul hasan) and profit sharing and risk sharing models. Seventh, prevent speculative activities. Eighth, increasing the production of goods and services. Ninth, the abolition of the trade monopoly of the Quraysh in Ukaz and Dul-Majaz markets after the conquest of Mecca. The removal of this monopoly improves the efficiency and distribution of better income. Effective demand and demand for money transactions increased so as to speed up the circulation of money
PELAKSANAAN CORPORATE SOCIAL RESPONSIBILITY PADA PT. PERKEBUNAN NUSANTARA VI (PERSERO) UNIT USAHA DANAU KEMBAR
Get PDFAs the act number 40, 2007, about limited Company which have been released as a subtitution of the Act Number 1, 1995, there are many criticals and resistance from businnessman based on article 74 about corpotate social responsibility and environment.the researcher uses emptical study of law approach. The sampling tecnique is non propbability sampling in the from of purpusive sampling tecnique. PT. Perkebunan Nusantra that represents state owned corportions (BUMN). The purpose of this study is to know the regulation and implementation of CSR in accordance with the mandate of law and corporation. Based on the research result, it can be concluded that the substance of Law Number 19, 2003 concerning State Owned Enterprises and Law Number 40, 2007 concerning the Company Limited has accommodated the principles of CSR implicitly in certain articles as the embodiment of Article 33 paragraph (3) and (4) of the 1945 Constitution. Law No. 18, 2004 on Plantation not a single article that regulates CSR but in the articles certain have referred to the concept of triple bottom line. With the normalization of these CSR principles, the nature of responsibility from voluntary transforms into mandatory in the form of moral obligations as well as juridical obligations
ASAS PACTA SUNT SERVANDA DALAM PENEGAKAN HUKUM PIDANA INTERNASIONAL
Get PDFThe dark history of the first world war and the second world war had an impact increasingly increasing international attention to the protection of human rights. One of the efforts made was strengthening the provisions in international law. The state as the main actor in international relations plays an important role in the establishment of norms in international law. In its development, state relations are regulated in international agreements. The most common principle in international treaties is pacta sunt servanda. In general, the pacta sunt servanda defined by the state is only bound by the agreement pursuant approval from the state. This becomes very crucial for the protection of the sovereignty of the state. In reality, however, there are few international treaties that grant rights and obligations to countries that do not participate in international treaties. Related to international criminal law enforcement, the existence of this principle keep on debated, especially since those stipulated in international criminal law are international crimes and punishment of perpetrators of such crimes. The international dimension in a crime can be seen from various aspects. Therefore this paper will discuss the principle of pacta sunt servanda in law enforcement of international criminal law. This research was normative juridical as the main approach. The principle of pacta sunt servanda should not be based of state bondage in international criminal law enforcement, the state may be bound in that by customary international law
UPAYA PENANGGULANGAN TINDAK PIDANA PERJUDIAN OLEH KEPOLISIAN (Studi Kasus Polres Bukittinggi dan Polres Payakumbuh)
Get PDFIf the crime of gambling is left in the City of Bukittinggi and the City of Payakumbuh, then it is not impossible that this future will be bleak because of the mentality of the Indonesian people, especially the younger generation will be dilapidated, even all their behavior will tend to commit crime. The formulation of the problem in this study is whether the causes of gambling crime in the jurisdiction of Bukittinggi District Police and Payakumbuh City Police ?, Are the obstacles in countering the crime of gambling by the Bukittinggi Police investigator and Payakumbuh Police investigator? and the Payakumbuh Police investigator ?, the method used in this research is empirical juridical. The results showed that the causes of gambling crime in the Legal Area of Bukittinggi City Police and Payakumbuh were not only those who belonged to the "haves" group, but from the people who lacked economic conditions, lack of public understanding of religious teachings, and environmental conditions. get used to or at least invite the public to do gambling. Secondly, the obstacles encountered in countering gambling crime by the Bukittinggi City Police investigator and Payakumbuh City are limited by law enforcement officers, especially investigators, lack of facilities and infrastructure in operational costs, non-permanent gambling, some people do not want to be witnesses, lack of awareness the community and the involvement of police officers who became back-up gambling. Third, efforts to tackle the crime of gambling by the Bukittinggi City Police investigator and Payakumbuh City are carried out in a preventive and repressive manner
PERLINDUNGAN HUKUM BAYI MELALUI PEMBERIAN ASI EKSKLUSIF DALAM PRESPEKTIF UNDANG-UNDANG NOMOR 36 TAHUN 2009 TENTANG KESEHATAN
Get PDFThe legal research aims to describe legal protection for exclusive breastfeeding for babies in the prespective of Law Number 36 of 2009 concerning Health. The research method is normative legal research. The main data source used is literature. The author uses the statutory approach because it adapts to the legal material being studied, then analyzed with qualitative analysis. The result of the study shows that legal protection for exclusive breastfeeding for infants has obtained public law protection. Indonesia has implemented the International Code of Marketing of Breastfeeding-Milk Substitutes through a national policy to support the exclusive breastfeeding program, namely by the prohibition of advertising of infant formula milk either through print or electronic media
TINJAUAN HUKUM DOKTER YANG BERKOLUSI DENGAN PERUSAHAAN FARMASI DALAM MERESEPKAN OBAT
Get PDFAt the end of 2015, the Tempo Magazine investigation team released a gratification case conducted by the pharmaceutical company Interbat against 2,125 doctors. The gratuities are suspected to be one of the reasons that influence doctors in prescribing drugs to patients. Funds used by pharmaceutical companies to serve doctors can reach 45 percent of drug prices. Therefore, patients must redeem the drug at a more expensive price. Moving from the results of these investigations, the authors are interested to examine criminal rules that can ensnare doctors who receive the gift from pharmaceutical companies. So far, the rule of law governing the prohibition of doctors receiving gifts from Pharmaceutical Companies has not had a deterrent effect. The existing arrangements are in the realm of ethics and administration. As a result, the cooperation of doctors and pharmaceutical companies in prescribing the drug continues and affects the patient's harm. Because in the practice of the physician profession is divided into two, namely private doctors and civil servants, then the formulation of the issues to be discussed in this paper is, First, how the imposition of legal sanctions for private doctors who receive the gift from Pharmaceutical Company Second, how the imposition of legal sanctions for civil servant doctors who receive the gift from Pharmaceutical Company To answer the problem, the author uses normative juridical research method. The results of his research are private doctors who receive the gift from pharmaceutical companies may be subject to Article 3 of Law Number 11 Year 1980 on the Crime of Bribery. As for doctors who have the status of Civil Servants subject to Article 12B of Law Number 31 Year 1999 junto Law Number 20 Year 2001 About Corruption Eradication (Anti-Corruption Law). As a suggestion at the end of the writing, the author wants that the formulation of Article 12B of the Anti-Corruption Law be expanded so that it is not limited to civil servants or state officials only. However, pending the improvement of the formulation of Article 12B, the authors recommend that law enforcement still play an active role by using Article 3 of the Anti-Bribery Law to ensnare doctors who receive the gift from ph armaceutical companies
PERLINDUNGAN HUKUM TERHADAP TANAH ULAYAT YANG TELAH BERSERTIFIKAT DI KOTA BUKITTINGGI
Get PDFRegistration of land which its perpetrators by Law Number 5 Year 1960 assigned to the Government is a means of providing legal certainty in the field of land and for the implementation of the orderliness of land administration PP Number 24 of 1997, then every plot of land and apartment units must be registered. In view of the provisions of Articles 1 and 2PP of the customary rights and similar rights of customary law communities, to the extent they are in fact still exist, should be like that in accordance with national and state interests, based on national unity and may be contrary to other laws and other regulations. This research was field research that is field research with interview technique to related parties that directly related to problem which writer discuss. This research was included in the type of qualitative research. Based on the research that has been done the authors can conclude that the absence of legal protection of Ulayat land that has been certified Ulayat land is not a right that can be registered, there is only recognition, so it is not a right that can be registered. Toward the land which has been registered has disappeared its owner meaning, where the land has changed into a common property (mede aigendom), as if they have a common right, the position of men and women about the right of inheritance of the same high haritage and parallel
ANALISIS YURIDIS MEKANISME PENYELESAIAN SENGKETA PERDAGANGAN INTERNASIONAL (DALAM KERANGKA GATT-WTO)
Get PDFThe dispute settlement mechanism of the World Trade Organization and the General Agreement on Tariffs and Trade, is a document containing juridical elements, stated about the rights and obligations of the participating countries of the agreement explicitly, of course, often lead to disputes. GATT as an institution has implemented procedures and procedures to deal with disputes arising between participating countries, in the context of international law in general. The process in which the party to the dispute is encouraged to counsel and endeavor to settle the dispute among themselves, and or through the WTO. The formulation of the problem in this research is how the dispute settlement mechanism in international trade and the impact of what is caused in the international trade sector. The method used in this research is empirical juridical analysis, from existing data, with qualitative analysis approach. The point is that the settlement of disputes refers to the provisions and Articles contained in GATT 1947 with the stages of consultation and or the establishment of a panel. The impact associated with international trade is to facilitate import-export and create harmony in international trade between countries
TANGGUNG JAWAB DOKTER TERHADAP PASIEN DALAM HAL TERJADINYA MALPRAKTIK MEDIK DILIHAT DARI PERSPEKTIF HUKUM PERDATA
Get PDFA doctor are obligated to do their duty with his or her ability and responsibility. However, doctor also make mistake because of neglect. The mistake in serving the patient is called medical malpractice. Their mistakes or negligence bring harm to the patient. Example is a case that happened to M S in Medan, North Sumatera. She came to the gynaecologist to treat her disease. Because the mistake of the doctors in surgery, the patient became disable for the rest of her life. The problems in this research is How the relationship between doctor and patient in a medical action according to the civil law? How is the responsibility of the doctors to the patient in medical malpractice action as case?. the writer used juridical normative method. The research done by the writer resulted in doctor and patient relationship in civil law point of view, which is the bonded relationship between medical service as the medical act between the provider of medical services with the receiver. The civil law responsibility of the doctor in case of medical malpractice comes from two basic law they are the responsibility as a doctor and the responsibility against law