176 research outputs found
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The Communal Dimension of Intellectual Property Rights: An Integrative Legal Perspective on the Future of Geographical Indications: Dimensi Komunal Hak Kekayaan Intelektual: Perspektif Hukum Integratif Terkait Masa Depan Indikasi Geografis
No full textThis study aims to analyze the communal dimensions of geographical indication intellectual property rights with an integrative legal perspective. This research is a normative legal research. The results of the study confirm that the character of geographic indication rights which have a communal basis is actually relevant to the legal character of the Indonesian people who view intellectual property as joint property and can be used jointly. Therefore, the character of geographical indication rights that have a communal basis in the future can be regulated through legal instruments regarding Traditional Cultural Expressions which also contain provisions regarding geographic indication rights. This actually requires the role of the state as a trigger for the birth of a conducive economic climate by optimizing intellectual property in the form of geographical indications. Future arrangements for geographic indication rights in an integrative legal perspective can be carried out by optimizing the role of the government (bureaucracy) as a social changer. The role of the bureaucracy is based on laws and policies made by the central government and local governments. It is necessary to provide incentives for communities or legal entities that have an orientation to optimize geographic indications. The existence of incentives from the government should also be optimized in the realm of local government so that people are motivated to optimize geographical indications which can be used as a means to improve the economic level of the community
Law Versus Humanity: Problems of the Non Refoulement Principle Regarding Refugees in Southeast Asia: Hukum Versus Kemanusiaan: Problematik Prinsip Non Refoulement Terkait Pengungsi di Asia Tenggara
No full textLegal issues related to refugees in Southeast Asia are influenced by the lack of regulations related to refugees in countries in Southeast Asia. This is related to the increasing number of refugees in Southeast Asia who are accepted by a country only based on humanitarian reasons. This study aims to examine the legal aspects related to the problem of refugees with the principle of non-refoulement related to refugees in Southeast Asia. This research is a normative legal research with a conceptual approach and legislation. The results of the study confirm that one of the legal aspects related to refugees in Southeast Asia is to strengthen regulations in each country in Southeast Asia. This includes also confirming the existence of the principle of non-refoulement by ratifying and becoming a party to the 1951 Convention and 1967 Protocol as an effort to provide legal certainty in implementing legal policies related to refugees. In addition, the role of the ASEAN Intergovernmental Commission on Human Rights (AICHR) plays an important role in providing welfare and protection for refugees from violence and discrimination. This is mainly by optimizing the involvement of ASEAN countries in providing direct assistance with the distribution of food, clothing and a decent living regardless of matters relating to citizenship. This is intended so that ASEAN countries' acceptance of refugees for humanitarian reasons is also limited and guided by legal products that guarantee legal certainty as well as the implementation of the principle of non-refoulement
The Reformulation of Abortion Regulations: Study of the Ratio Legis and Ius Constituendum: Reformulasi Peraturan Aborsi: Studi tentang Rasio Legis dan Ius Constituendum
No full textAbortion can actually be carried out with various special provisions based on Law no. 36 of 2009 concerning Health (Health Law) and Government Regulation no. 61 of 2014 concerning Reproductive Health (PP Kespro). This study aims to find out the legal review regarding abortion in relation to the principle of protection for rape victims, as well as to study and formulate an appropriate and appropriate timeframe for carrying out an abortion based on the principle of protection for rape victims. This research is normative legal research by prioritizing conceptual and statutory approaches. The results of the study confirm that the legal ratio for setting the fetal age limit related to abortion for rape victims does not actually explain the reasons or the urgency why the 6 weeks and 40 (forty) days are calculated from the first day of the last menstrual period formulated by the formulators of laws and regulations and only refers to The principle of protecting victims is currently the main orientation of Indonesian criminal law. In the future, the regulation on the principle of protection for victims related to the fetal age limit related to abortion for victims of rape, namely: it is necessary to emphasize the principle of protection for victims in the Health Law. The recommendation of this research is the need for a revision of the Health Law and PP on Produce as based on WHO provisions and with relevant medical considerations
Preventing Bullying with Tolerance: A Study of Islamic Law: Mencegah Bullying dengan Toleransi: Kajian Hukum Islam
No full textThe actualization of religious tolerance is a standard of consideration consistent concept of humans towards mutual respect of other religions by living together without mixing beliefs. This research uses a qualitative case study approach through observation, interview and documentation. The supporting factor for the actualization of the value of tolerance is the goal orientation of each school member, including the principles of wholeness, unity, humanism, and socialism. While the inhibiting factors are based on experience and basic understanding related to religious differences which are influenced by: (1) character and personality, (2) psychological development, (3) parenting pattern, (4) lack of religious teaching, (5) the surrounding environment and culture, and (6) previously established social relations
Legal Uncertainty Regarding the Application of The Principle of Territoriality in the Immigration Area: Ketidakpastian Hukum Penerapan Asas Teritorialitas pada Area Imigrasi
No full textThe area of immigration is an important aspect of immigration law enforcement and practice. This is because the immigration area preventively represents the sovereignty of a country. Even so, in the Immigration Law in Indonesia there are no special regulations regarding the immigration area. So there is the problem of a legal vacuum related to special regulations regarding the immigration area. This research is a normative legal research with a statutory and conceptual approach. The results of the study confirm that the principle of territoriality in the immigration area requires legal certainty. This is because in the practice of immigration, the principle of territoriality is an important principle, one of which is trying to prevent it from protecting the sovereignty of the state. In addition, the government needs to make a special legal product that regulates immigration areas in the form of Government Regulations and Presidential Regulations which can then be followed up technically with the regulations below. Technical follow-up to Government Regulations and Presidential Regulations can be in the form of a Regulation of the Minister of Home Affairs and specifically technical instructions regarding immigration areas can be formed for officers and law enforcement officers in the immigration sector who are specifically tasked with immigration areas
Meaningful Participation in Local Regulation Making in Indonesia: A Study of Legislative Law: Meaningful Participation pada Pembuatan Peraturan Daerah di Indonesia: Sebuah Kajian Hukum Perundang-undangan
No full textThe meaningful participation aspect is one of the conceptions born after the Constitutional Court's decision regarding job creation law. It is carefully considered, as well as the right to obtain answers and justifiable reasons for the aspirations that have been conveyed. This study examines the application of meaningful participation in forming Regional Regulations. This research is normative legal research with a concept and statutory approach. The research results confirm that meaningful participation must also be applied in preparing regional regulations as part of the legislation. In this case, meaningful participation in the drafting of Regional Regulations must also be proportional and meaningful in taking into account the dimensions and aspects of local wisdom in the regions. In a further application, the idea of meaningful participation needs to be strengthened in preparing regional regulations and regional legal products by emphasizing the meaningful participation aspect in the Permendagri regional legal products. That is so that the idea of meaningful participation can be adhered to by the regions in drafting regional legal products, particularly in drafting regional regulations
The Legal Position of the Security Unit in the Perspective of Labor Law: Kedudukan Hukum Satuan Pengamanan dalam Perspektif Hukum Ketenagakerjaan
No full textThis study aims to examine the legal position of security guards in relation to labor law aspects. This research is a normative legal research with a concept and statutory approach. The results of the study confirm that the legal position of a security guard in employment law is that in terms of duties and authorities, a security guard actually carries out the duties of the police, but in terms of rights and obligations in general, such as those related to wages, leave, overtime and so on, they should be based on labor provisions as stipulated in the Labor Law and the Job Creation Law. Regarding the guarantee of employment rights for security guards in the perspective of labor law based on the principle of ejusdem generis in general it can be equated with rights for workers in general, such as: the right to adequate wages, the right to leave, the right to health insurance, the right to severance pay, as well as the right to legal protection. However, there are rights that need to get special arrangements related to security guards in their position as special workers such as the right to associate and assemble which need to be further regulated through government regulations and presidential regulations which contain: the position of independent security guards, especially security guards, rights and obligations, as well as efforts and legal mechanisms.
Highlights:
Dual Role: Security guards perform police duties and have labor law rights.
Employment Rights: Guards' rights align with general workers.
Special Regulations: Specific rights need further government regulation.
Keywords: labor law, security guard, SATPAM
 
Reconstruction of the Role From the Prosecutor Based on the Socio-Legal Approach: Rekonstruksi Peran Jaksa Berdasarkan Pendekatan Sosio-Legal
No full textThe prosecutor is one of the law enforcement officers who have an orientation to enforce the law in society. The prosecutor in this case does not only apply the law in the form of written texts in the Act, but also looks at the context in social-societal reality. This study aims to explore the socio-legal aspects in implementing the duties of the prosecutor in realizing justice in society. This research is a normative legal research by prioritizing socio-legal aspects. This study uses primary legal materials, namely: the 1945 Constitution of the Republic of Indonesia, the Prosecutor's Law, the Prosecutor's Regulation on Restorative Justice. Secondary legal materials include: books, journal articles, as well as various research results on law enforcement by the Attorney General's Office. Non-legal materials include: various results of non-legal studies on law enforcement by the Attorney General's Office. The approach in this study uses a conceptual approach and a statutory approach. The results of the study confirm that prosecutors in law enforcement in Indonesia are oriented towards law enforcement tasks in the field, which means that prosecutors need to look at non-legal aspects and understand several aspects of social reality in society to maximally enforce the law in society. The urgency of the socio-legal approach regarding the role of prosecutors in Indonesia is to make prosecutors more comprehensive in understanding legal issues that develop in society
The Restorative Justice: Ideality, Reality, and Problems in The Indonesia Criminal Justice System: Restorative Justice: Idealita, Realita, dan Problematika dalam Sistem Peradilan Pidana di Indonesia
No full textThe criminal justice system is a comprehensive effort by the state to tackle crime and determine accountability for each offense. In this case, the criminal justice system also emphasizes the importance of non-prison efforts to determine crime responsibility, commonly referred to as restorative justice. This study aims to describe the application of the concept of restorative justice in other countries and the orientation of its application in Indonesia. This research is normative legal research. Normative legal research is oriented toward answering legal issues and finding prescriptions for a legal problem. This study uses a statutory procedure, a concept approach, and a comparative approach. The results of the study confirm that the concept of restorative justice is part of the development of world law which is applied in various countries with different legal systems, such as the Netherlands, the United States, and Malaysia. In addition, the concept of restorative justice also needs special arrangements in the Criminal Procedure Code to reform the criminal procedure law in Indonesia
An Overview of Disputes Regarding the Right of Structure in Indonesia: Suatu Gambaran Sengketa Terkait Hak Guna Bangunan di Indonesia
No full textRecently, there have been many disputes regarding land rights, namely the Right to Build. The Right to Build is a right that is obtained to use a building on a land that is not one's own for a certain period of time. This study aims to find out the portrait of disputes related to building use rights in Indonesia in 2021. The research method that the author uses is normative juridical using an approach to legislation (Statue Approach) carried out by examining all laws and policies that are in accordance with legal issues being studied. The benefit of this research is to be a reference and input of knowledge for further researchers regarding the Portrait of a dispute over building rights in Indonesia. The analysis of the legal material used is deductive reasoning, what is meant by deductive reasoning analysis here is reasoning based on a mindset that has a general nature to draw conclusions on a specific nature.