Jurnal Wawasan Yuridika (Sekolah Tinggi Hukum Bandung)
Not a member yet
197 research outputs found
Sort by
The Regulations Development of Objection Against the Indonesia Competition Commission (KPPU) Decision
Full text linkThis research aims to analyze the regulation development of objection against the KPPU's decision after the issuance of the Supreme Court Regulation (PERMA) No. 3/2021 and its implementation. The research is descriptive with normative juridical type, using primary data through interviews and secondary data through library research, using qualitative analysis and logical deduction reasoning. There are differences in absolute competence, timeframe, and case examination between PERMA No.3/2021 with previous arrangements. This PERMA has been implemented at the Commercial Courts of Central Jakarta, Surabaya, and Medan. In addition, the transfer of absolute competence to the Commercial Court makes the performance of the KPPU's litigation team more efficient because it no longer needs to travel to many cities to face objections, considering the Commercial Court is only domiciled in 5 regions throughout Indonesia. Commercial Court judges should also understand business law better and be expected to produce quality decisions
The International Law Fragmentation: Legal Consequences and Solutions
Full text linkThe development of International Law that is taking place today has led to fragmentation. As a result, conflicts of norms arise from international treaties generated by each regime. This study aims to examine how conflict of norms can take place in a fragmented international law system and how to resolve it. It is normative legal research, used secondary data in the form of primary legal materials, secondary legal, and tertiary. The data collection technique uses library reserach, then analyze qualitatively. The results indicate that the absence of an authorized institution to create International Law causes conflict of norms International Law. The ways to resolve conflict of norms include not applying one of the conflicting norms; considering one of the conflicting norms is illegal; taking into consideration one of the conflicting norms is still valid but not illegal; and the two conflicting norms are considered to have the same position
Enhancing Trade Secret Protection amidst E-commerce Advancements: Navigating the Cybersecurity Conundrum
Full text linkThe e-commerce ecosystem has encompassed various aspects of life, giving rise to legal implications, particularly in the areas of intellectual property and personal data protection, which are now inseparable from Indonesia”™s economic system in the digital age. This research aims to elucidate the legal relationship between trade secrets as a crucial form of intellectual property to be safeguarded in the digital era and analyze Indonesia”™s legal capability to protect trade secrets amidst the escalating challenges of cybersecurity due to the widespread use of various forms of e-commerce. The research employs a normative legal research method to analyze the protection and legal certainty concerning trade secrets, which can be subject to unauthorized access or theft through cyberattacks. Utilizing a legislative approach, the research relies on secondary data in the form of primary legal sources. The findings of this research reveal political-legal issues and normative shortcomings in regulating e-commerce and trade secrets, often underestimating the digital threats that can harm individuals”™ intellectual property rights
The Role of Visum et Repertum (VeR) and VeR Psychiatricum (Legal Study of FD Murder Cases in Jakarta, 2023)
Full text linkThis research aims to analyze the role of law in handling the FD death case in Jakarta and its impact on the criminal justice system. The method used is normative juridical research with a statute approach and case approach. The results showed that during the examination of the suspect, an inconsistent change in attitude led to the decision to refer to the Police Hospital. The Psychiatric VeR stated that the suspect had a mental disorder of schizophrenia depression, thus following the provisions of Article 184 of the Criminal Procedure Code. According to Article 44 paragraph (1) of the Criminal Code, the suspect's actions cannot be accounted for due to mental disability, so he cannot be convicted. This finding underlines the important role of law and psychiatry in determining the criminal responsibility of a person with mental illness, contributing to the reform of a fairer and more humane justice system
Considering the Application of Mediation Characteristics for Optimizing Dispute Resolution in Industrial Relations: a Worthwhile Endeavor?
Full text linkThis article aims to discuss further the importance of the characteristics of non-litigationdispute resolution through mediation in resolving industrial relations disputes. Thisresearch is descriptive with a normative research type, using a statutory approachand data collection using literature study, then the data is analyzed qualitatively. Theresults obtained from this research are that each type of dispute resolution has itscharacteristics. One of the main reasons why disputes cannot be resolved througharbitration is limited authority. Apart from that, the lack of information, abilities,and knowledge of the parties regarding conciliation and negotiation is the cause ofthese problems. Therefore, mediation is chosen due to its distinctive characteristicscompared to other non-litigation resolutions, such as the mediator's role in assistingthe parties, the absence of decision-making authority, the mediation process focusingon the future, and fostering the creation of win-win solutions
The Significance of Policy Guarantee Institution in Providing Legal Certainty for Insurance Policyholders
Full text linkThis study examined the factors that contributed to the non-establishment of the Policy Guarantee Agency. As stipulated in Article 53, paragraph (4) of Law Number 40 of 2014 concerning Insurance, the formation of the Policy Guarantee Agency was mandated within three years of the enactment of this law. The establishment of this agency held significant importance in furnishing legal safeguards for policyholders. Employing a descriptive research design encompassing normative juridical analysis through statutory and conceptual frameworks, this study regarded secondary data acquired through documentation studies for data collection. The ensuing qualitative analysis of the data revealed that the establishment of the Policy Guarantee Agency necessitated a comprehensive investigation, encompassing considerations such as funding, human resources, and the agency's structural integration, whether as an autonomous entity or as part of an existing Deposit Insurance Corporation. Consequently, achieving consensus among legislative bodies was imperative to advance the establishment of the agency
Virtual Land: Deciphering Blockchain-Based Property Transactions and Their Legal Implications
Full text linkThis study aims to investigate the scheme of virtual land transactions based on blockchain technology and the legal relationships among parties involved in such transactions. This research is descriptive, with the type of normative juridical research, using statutory and conceptual approaches, data collection techniques in the form of literature studies, then the data are analyzed qualitatively. The results reveal that the transaction process on platforms like Decentraland and The Sandbox includes registering a digital wallet, purchasing virtual land, managing and developing the land, reselling it as an NFT asset, and exchanging cryptocurrencies for local currency. The legal relationships between sellers, buyers, and platform owners are also identified. This research contributes to users' understanding of virtual land transactions and intellectual property ownership in the digital realm
Strategies for Ratifying Marriage Agreements to Avoid Partnership Liabilities
Full text linkThis research aims to analyze the regulations and strategies for validating marriage agreements. This normative juridical research prioritizes secondary data as primary, secondary, and tertiary legal materials. Data was collected through document and literature studies and then analyzed qualitatively using a statutory and historical approach. The research findings indicate that the development of marriage agreement regulation can be categorized into three phases: before the enactment of Marriage Law, after the enactment, and after the Constitutional Court Decision No. 69/PUU-XIX/2016. Moreover, regulation remains unclear and has not been followed with legislation, giving rise to "strategies" to avoid partnership liabilities. One party may create a marriage agreement after entering into Marriage, and subsequently, that party only validates the marriage agreement before a notary (waarmerking)
Rasionalitas Kebijakan Formulasi Penanganan Konflik Ideologi Pancasila Dalam Perspektif Kebijakan Kriminal
Full text linkPenelitian ini bertujuan menemukan rasionalitas tujuan dan nilai kebijakan formulasi penanganan konflik ideologi Pancasila berdasarkan Perppu No. 2 Tahun 2017 dalam perspektif kebijakan kriminal. Penelitian bersifat deskriptif, jenis penelitian yuridis normatif, menggunakan data sekunder berupa bahan hukum primer; sekunder dan tersier. Pengumpulan data dilakukan melalui studi kepustakaan dan studi dokumen. Pendekatan dilakukan melalui pendekatan perundang-undangan dan konseptual. Analisis data dilakukan secara kualitatif. Rasionalitasnya: bertujuan membedakan dan melindungi Ormas yang mematuhi dan konsisten dengan asas dan tujuan Ormas berdasarkan Pancasila dan UUD 1945; Melindungi nilai kedaulatan dan keutuhan NKRI, serta mempercepat penanganan konflik dengan menggunakan kaidah tindak pidana yang intensinya sedikit tanpa kualifikasi. Idealnya harus mendahulukan UU No. 7 Tahun 2012 sebelum Perppu No. 2 Tahun 2017 dan Pasal 107 huruf b KUHP
Smart City Policy in Indonesia: An Overview from the Green Constitution's Perspective
Full text linkSmart city is now become an alternative policy to address various urban ecosystem’s issues. This article examines smart city policies in Indonesia, as well as the extent to which these policies can fulfill citizens' rights from the green constitution’s perspective. This is a normative/doctrinal legal research with statutory and conceptual approach. Data was gathered through library research on primary legal materials in the form of related laws and regulations, as well as secondary legal materials in the form of relevant literature. The findings show that several smart city policies are still sectoral and unsustainable. A specific legal instrument is required to regulate smart city standardization to avoid misinterpretation and obstacles in its implementation. The smart city concept is consistent with the rights enshrined in Indonesia's green constitution, but policies continue to rely on local government initiative and discretion, resulting in citizens' rights not being placed proportionally