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All Journal JOURNAL OF PRIVATE AND COMMERCIAL LAW JURNAL ILMIAH ADVOKASI Seminar Nasional Hukum Universitas Negeri Semarang Jurnal Suara Hukum LEGAL BRIEF Risalah Hukum Jurnal Al Azhar Indonesia Seri Ilmu Sosial Jurnal Independent Indonesian Journal of Innovation Studies Officium Notarium MANGGALI Law Research Review Quarterly
Hediati, Febri Noor
Unknown Affiliation
Humanities Computer Science & IT Economics, Econometrics & Finance Education Engineering Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Social Sciences

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Agreements and Potential Fraud Arising in the Phenomenon of Online-Based Gambling Game Hediati, Febri Noor
Jurnal Independent Vol. 13 No. 1 (2025): Jurnal Independent
Publisher : Universitas Islam Lamongan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30736/ji.v13i1.376

Abstract

In general, the impact of technological development has many benefits for life. However, on the other hand, this technology can also be used for illegal activities such as online gambling. Online gambling that has developed by utilizing technology has reached all circles. This phenomenon brings significant negative impacts, such as addiction, financial loss, family destruction, and increased potential for criminal acts. The government has made efforts to eradicate online gambling such as blocking gambling content, although the effectiveness of these efforts still faces challenges due to the emergence of new gambling sites that continue to grow. This research uses doctrinal method with the approach of legislation, primary legal materials, and secondary legal materials. One of the conditions for the validity of an agreement in Article 1320 of the Civil Code is something that is halal. The object of the gambling agreement is something that is prohibited by law and religion, so it is not halal. In online gambling agreements, there is a lot of potential for fraud in it which violates 1338 (3) of the Civil Code, due to the absence of elements of bad faith. Online gambling involves agreements that are often unilateral and vulnerable to manipulation by the bookies such as failure to process deposits, refusal to disburse winnings, and unilateral account blocking. A collaborative approach between the government, religious leaders, educational institutions and parents is needed for prevention. Legal education and digital literacy are important steps in providing awareness of the dangers of online gambling. In addition, the government needs to optimize technology to detect and eradicate gambling transactions, as well as provide strict law enforcement against the perpetrators and promoters of online gambling. With strong synergy, it is hoped that online gambling can be comprehensively eradicated in order to protect the nation's next generation.
IMPORTANCE OF COMMUNAL INTELLECTUAL PROPERTY REGISTRATION IN FOSTERING CREATIVE ECONOMY IN BERAU'S DANCE COMMUNITY Hediati, Febri Noor; Masnawiyah; Haifa Salsabila Mawardi
Law Research Review Quarterly Vol. 11 No. 3 (2025): Various Issues on Law and Development
Publisher : Universitas Negeri Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15294/llrq.v11i3.22428

Abstract

The preservation and protection of traditional dance as a communal intelectual property (CIP). The dance comunity plays a significant role in sustaining cultural heritage while contributing to the region's economic growth through performances at festivals and events. However, the lack of awareness and legal protection for traditional dance has led to cases of ownership claims by external parties, threatening the authenticity and economic potential of these artistic expressions. this study employs a social legal reseach approach, incorporating qualitative data form field observations and questionnaires distributed among the dance communities in Berau regency. Findings indicate the a majority of dance group lack knowledge of communal intelectual property  rights, with 92 % of respondents unaware of the registration process. Additionaly, 84 % have experienced claims on their traditional dances, highlighting the urgency of legal recognition. registering communal intelectual property provides legal security, enhances economic opportunites and fosters innovation within the creative industry. It ensures the dance communities benefit from their artistic works through licensing, royalties and tourism promotion. Moreover, goverment intervention is necessary to facilitate the registration process, integrate communal intelectual property into regional development plans and provide education on property rights. This research underscores the importance of communal intelectual property registration as a strategic tool for cultural preservation and economic empowerment. Strengthening legal frameworks and increasing awareness among dance communities are crucial to safeguarding traditional arts while advancing the creative economy in Berau Regency.
Analisis Yuridis Terhadap Pemungutan Pajak Pertambahan Nilai atas Penjualan Emas Perhiasan di Kota Samarinda Huriadana, Asra; Susanti, Erna; Hediati, Febri Noor
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.6421

Abstract

The Value Added Tax (VAT) on gold jewelry requires merchants to calculate, deposit, and report the amount of tax payable independently (self-assessment) in accordance with prevailing tax regulations. However, in Samarinda City, several gold shops have yet to comply with this obligation. This study employs a non-doctrinal/empirical approach using both primary and secondary data. The research focuses on the inhibiting factors in the collection of VAT on gold jewelry sales and its legal implications. The findings reveal that the main obstacles are the low participation of taxpayers due to limited awareness of taxation obligations related to gold jewelry as a taxable object, as well as weak systems of recording and monitoring the number of gold shops subject to tax. From the law enforcement perspective, the lack of time and human resources among tax officials further hampers the optimization of VAT collection. These findings highlight the necessity of improving taxpayer awareness, strengthening monitoring systems, and enhancing the capacity of tax authorities to ensure the effectiveness of VAT collection on gold jewelry sales in Samarinda City.Keywords: Implications; Value Added Tax; Jewelry
PERLINDUNGAN HUKUM BAGI KONSUMEN ATAS PRAKTIK TUKANG GIGI DI LUAR WEWENANG DI KABUPATEN KUTAI KARTANEGARA Sari, Dewi Kumala; Susanti, Erna; Hediati, Febri Noor
Jurnal Ilmiah Advokasi Vol 13, No 3 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i3.6398

Abstract

The existence of traditional dental practitioners (tukang gigi) is often considered an alternative dental care option for lower-middle-class communities, although such practices are generally unlicensed and exceed the authority granted by law. This study aims to analyze two main issues: first, the forms of legal protection for consumers against unauthorized dental practices in Kutai Kartanegara Regency; and second, the legal remedies available to consumers harmed by such practices. This research applies a socio-legal approach, collecting empirical data through interviews with various parties, including traditional dental practitioners in Kutai Kartanegara Regency, consumers who suffered losses, the Kutai Kartanegara Health Office, the Consumer Dispute Settlement Agency (BPSK) of Samarinda City, and dentists who have treated patients previously handled by tukang gigi. The findings reveal that unauthorized dental practices, such as tooth filling, extraction, braces installation, and veneer application, can be classified as unlawful acts (onrechtmatige daad) under Article 1365 of the Indonesian Civil Code. These acts cause both material and immaterial losses to consumers, thereby requiring legal protection under Law No. 8 of 1999 on Consumer Protection and relevant civil law provisions. With effective protection mechanisms and legal remedies, consumers are expected to obtain legal certainty and fair accountability for the losses suffered.Keywords: Consumer Protection, Traditional Dental Practitioners, Unlawful Act, Liability.
TANGGUNG JAWAB HUKUM PENYELENGGARA TERHADAP KONSUMEN AKIBAT PEMBATALAN KONSER MUSIK Kartika, Avrillia Cindy; Susanti, Erna; Hediati, Febri Noor
Jurnal Ilmiah Advokasi Vol 13, No 2 (2025): Jurnal Ilmiah Advokasi
Publisher : Universitas Labuhanbatu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36987/jiad.v13i2.6351

Abstract

Currently, the organization of music concerts requires careful planning and coordination. However, in practice, unilateral cancellations by organizers still frequently occur, causing losses to consumers. This study aims to analyze the elements of unlawful acts and the forms of legal protection available to consumers in cases of unilateral concert cancellations. A normative juridical approach is employed in this research by examining the provisions of Article 8 letter f of Law Number 8 of 1999 on Consumer Protection and Article 1365 of the Indonesian Civil Code. The findings indicate that concert cancellations without valid justification can be classified as unlawful acts. Concert organizers are obliged to provide compensation to consumers in the form of damages. The legal protection afforded is based on the principles of justice and the responsibility of business actors. This study highlights the necessity of including consumer protection clauses in concert contracts and strengthening dispute resolution mechanisms that are both swift and fair.Keywords: Consumer Protection; Unlawful Act; Music Concert; Compensation; Consumer Protection Law.
Position of the Principle of Good Faith in Life Insurance Agreements Study of Decision No. 489/Pdt.G/2021/Pn.Mdn Putri, Aprilia; Purwanto, Purwanto; Hediati, Febri Noor
LEGAL BRIEF Vol. 13 No. 4 (2024): October: Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35335/legal.v13i4.1108

Abstract

Insurance is regulated by Law No. 40 of 2014 concerning Insurance. The three main parties involved in insurance are the policyholder, the insured, and the insurer. The basic principle in an insurance agreement is good faith, which refers to mutual trust between the parties. However, disputes often occur regarding the implementation of this principle, such as unilateral policy cancellation and rejection of life insurance claims, which reflect a lack of good faith. This study aims to analyze the position of the principle of good faith in life insurance agreements at PT. Asuransi Allianz Life Indonesia, as well as to consider the legal basis of judges in cases of policy cancellation and claim rejection as stated in Decision No. 489/Pdt.G/2021/PN Mdn. The approach used is doctrinal research, focusing on the analysis of legal norms, including relevant legal theories and principles. The results of the study indicate that the principle of good faith in life insurance agreements at PT. Allianz Life Indonesia is based on trust between the insurer and the insured to reach a fair and transparent agreement. If this principle is ignored, disputes cannot be avoided. In his decision, the judge did not specifically refer to the Insurance Law or the Civil Code, but based his decision on the trial facts and evidence provided by the parties.
Analisa Hukum terhadap Penggunaan Merek yang Tidak Sesuai dengan Sertifikat Terdaftar (Studi Mengenai Merek Ms Glow/For Cantik Skincare) Nusantari, Oktaviana; Kusparningrum, Emilda; Hediati, Febri Noor
Officium Notarium Vol. 3 No. 2: NOVEMBER 2023
Publisher : Faculty of Law Universitas Islam Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20885/JON.vol3.iss2.art3

Abstract

This research discusses the obligations of brand owners or brand certificate holders to be able to use their brand as stated in the registered brand certificate issued by the Directorate General of Intellectual Property and analysis of further supervision carried out by the Directorate General of Intellectual Property in carrying out supervision after the issuance of the brand certificate. The research method used in this research is doctrinal or normative. The obligation of a brand owner to use his or her mark as stated in the registered mark certificate is one of the brand owner's good intentions in registering the mark, but in reality, there are still brand owners who use marks that do not follow the registered mark certificate. This can be realized if the supervision system of the Directorate General of Intellectual Property after the issuance of the brand certificate can be implemented properly.Key Word: Registered Mark, Brand Certificate, Supervision AbstrakPenelitian ini membahas mengenai kewajiban pemilik merek atau pemegang sertiifkat merek untuk dapat menggunakan merek miliknya sebagaimana yang tercantum dalam sertifikat merek terdaftar yang dikeluarkan oleh Direktorat Jenderal Kekayaan Intelektual dan analisis pengawasan lebih lanjut yang dilakukan oleh Direktorat Jenderal Kekayaan Intelektual dalam melakukan pengawasan pasca diterbitkannya sertifikat merek. Metode penelitian yang digunakan dalam penelitian ini adalah metode penelitian doktrinal atau normatif. Kewajiban pemilik merek dalam menggunakan mereknya sebagaimana yang tercantum dalam sertifikat merek terdaftar merupakan salah satu itikad baik pemilik merek dalam mendaftarkan merek tersebut, tetapi dalam kenyataanya masih ada pemilik merek yang menggunakan merek yang tidak sesuai dengan sertifikat merek terdaftar. Hal ini dapat terwujud apabila sistem pengawasan Direktorat Jenderal Kekayaan Intelektual pasca diterbitkannya sertifikat merek dapat dilaksanakan dengan baik.Kata-kata Kunci: Merek Terdaftar, Sertifikat Merek, Pengawasan
The Legality of Rooftop Solar Power Generators Utilization to Fulfill Energy Need: Legalitas Pemanfaatan Pembangkit Listrik Tenaga Surya Atap untuk Memenuhi Kebutuhan Energi Hediati, Febri Noor; Azim, Saiful
Indonesian Journal of Innovation Studies Vol. 25 No. 1 (2024): January
Publisher : Universitas Muhammadiyah Sidoarjo

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.21070/ijins.v26i1.1035

Abstract

This legal writing examines the utilization of new and renewable energy as an environmentally friendly approach to electricity consumption. New and renewable energy (EBT) encompasses various primary sources such as solar (PLTS), geothermal (PLTP), water (PLTA), wind (PLTB), etc. To meet the high demand for electricity, harnessing energy from sunlight is explored as an alternative power generator. Utilizing buildings’ roofs for solar cell installation is a common practice. However, challenges arise including the initially high investment for purchasing solar cell components, batteries for energy storage, inverters, and installation costs. Despite these challenges, the monthly operational costs are minimal. The government, through Regulation of the Minister of Energy and Mineral Resources of the Republic of Indonesia Number 26 of 2021 concerning rooftop solar power systems, supports the legal framework of this which is linked to the electricity grid held by the license holders for electricity supply for public purposes. Furthermore, rooftop solar power systems can be on-grid with the national electricity network (jaringan PLN) to meet energy needs when the installed capacity is below the electricity demand of the consumers. This writing employs a research method with a normative juridical approach by examining literature through a doctrinal perspective. The research results focus on the legality, requirements, and processes involved in the construction of rooftop solar power plants, detailing considerations across various factors before deciding to establish them, including the procedures, regulations, and agreements when integrating rooftop solar power systems into the national electricity network managed by the state electricity company. Highlights: High Initial Investment: Discusses the challenges related to the upfront costs of purchasing solar components, batteries, inverters, and installation despite minimal operational costs. Government Support: Emphasizes the role of government regulations, such as Regulation Number 26 of 2021, in supporting and providing a legal framework for rooftop solar power systems connected to the national electricity grid. Integration with National Grid: Highlights the on-grid capability of rooftop solar power systems, enabling them to supplement energy needs and aligning with the capacity of the national electricity network managed by the state electricity company (PLN). Keywords: Legality, Solar Cell, New and Renewable Energy (EBT), On-Grid.
Co-Authors Andrew, Febren Azim, Saiful Dewi Kumala Sari Emilda Kuspraningrum Erna Susanti Gunawan, Andi Lolo Haifa Salsabila Mawardi Huriadana, Asra Kartika, Avrillia Cindy Kusparningrum, Emilda Masnawiyah Noor Asufie, Khairunnisa Nusantari, Oktaviana Purwanto Purwanto Purwanto Putri, Aprilia Ramadhani, Saskia Nadya Setiyo Utomo Shabrina, Qatrnnada Assyifa Sidiq, Rachmad Indrawan Triyana, Lily