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All Journal WAJAH HUKUM Kosmik Hukum Supremasi Hukum: Jurnal Penelitian Hukum Journal of Law and Policy Transformation Bengkoelen Justice : Jurnal Ilmu Hukum Conference on Community Engagement Project (Concept)
Febri Jaya
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Arts Decision Sciences, Operations Research & Management Education Law, Crime, Criminology & Criminal Justice Social Sciences Other

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Potensi Konflik Kepentingan dalam Pendirian Badan Hukum Perorangan Pasca Revisi Undang-Undang Perseroan Terbatas dalam Omnibus Law Febri Jaya
Kosmik Hukum Vol 21, No 2 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i2.10310

Abstract

The need for employment in Indonesia continues to increase every year, so there is naturally a concern that there will be conditions where the need for employment is more than the available employment opportunities. Therefore, several actions have been taken by the executive and legislature to anticipate these conditions, one of which is by facilitating the establishment of a limited liability company which previously had to be established by 2 (two) or more people to only 1 (one) person with certain conditions regulated in Law Number 11 of 2020 concerning Job Creation. In practice, there are many internal disputes related to conflicts of interest in a limited liability company established by 2 (two) or more people, even though when it is founded by 2 (two) or more people, supervision of the management of a limited liability company will certainly be better than that of a limited liability company established. by 1 (one) person. This study discusses the potential for a conflict of interest in a limited liability company established by 1 (one) person who also serves as the only member of the Director in the company.Keywords: Limited Liability Company, Conflict of Interest, Job Creation. 
Penguatan Hukum Merek dalam Perjanjian Lisensi Guna Peningkatan Taraf Ekonomi Masyarakat di Indonesia Elza Syarief; Rina Shahriyani Shahrullah; Febri Jaya; Jendris Sihombing
Kosmik Hukum Vol 21, No 1 (2021)
Publisher : Universitas Muhammadiyah Purwokerto

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30595/kosmikhukum.v21i1.9336

Abstract

The issue of licensing agreements to improve the standard of living of people in Indonesia is very interesting to be studied in depth via intellectual discussions. Various problems should be taken as lessons for Indonesian people, for example: registration of the Toraja coffee trademark by the American businessmen, sambal uleg from Central Java and Gayo coffee by the Dutch and the song Sayang Sayange from Maluku and the legend of Garlic and Onion by Malaysia. The purpose of writing this article is to provide an explanation of the necessity to strengthen understanding of trademark law in the license agreement as an effort to improve the economic level of the Indonesian people. The problems focus on the government actions against the violations of Intellectual Property Rights (IPR) and as well as the roles of the government and society to improve the economic level of society through strengthening trademark law in license agreements. The research was conducted by using a normative legal research. The result of the research described in this article is that the economic level of the community can be increased by conducting a franchise business, providing opportunities for the franchisor to exploit economic rights in order to multiply and get the maximum profit at a low cost because it is borne by the franchisee.Keywords: Trademark, License Agreement, Economic Strata
Ketentuan Hukum Mengenai Mangkir dalam Omnibus Law Febri Jaya; Alvin Lauw
Wajah Hukum Vol 5, No 2 (2021): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v5i2.515

Abstract

The number of existing regulations in Indonesia often has the effect of reducing the effectiveness of implementing laws and regulations due to the overlap between regulations. With the enactment of Act Number 11 of 2020 on Job Creation, many labor regulation have been changed, one of which is related to a specific time work agreement. Therefore, this study aims to conduct a study on change to the provision in the employment agreement for a certain period of time, which certainly affects the rights and obligation between worker and employment, this change must be understood by both worker and employment. Through normative legal research, it can be seen that there are a number of things that need to be discussed in relation to the enactment of Act Number 11 of 2020 on Job Creation. As a result of discussion, this study describes absenteeism and the rights of employment if the worker terminates the employment agreement for a certain period of time before the end of the agreement.
Land Reform Melalui Pembatasan Penguasaan Tanah Febri Jaya
Journal of Law and Policy Transformation Vol 2 No 2 (2017)
Publisher : Universitas Internasional Batam

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Abstract

Pembatasan penguasaan tanah untuk rumah tinggal bagi individu secara umum diatur dalam Undang-Undang Nomor 5 Tahun 1960 Tentang Peraturan Dasar Pokok-Pokok Agraria dan Undang-Undang Nomor 56 Prp Tahun 1960 Tentang Penetapan Luas Tanah Pertanian. Namun kedua regulasi tersebut belum memberikan ketentuan secara tegas mengenai pembatasan penguasaan tanah untuk rumah tinggal bagi individu. Kekosongan peraturan hukum mengenai pembatasan penguasaan tanah tersebut menyebabkan seseorang dapat secara bebas dan tanpa batas membeli rumah tinggal sehingga menyebabkan disparitas antara masyarakat yang berpenghasilan tinggi, menengah dan kecil. Guna menjawab permasalahan dalam penelitian ini, telah dilakukan penelitian dengan jenis penelitian normatif melalui pendekatan undang-undang untuk mengisi kekosongan peraturan hukum yang ada di Indonesia karena secara yuridis obyek penelitian belum didapatkan pengaturan secara konkrit. Adapun jawaban atas permasalahan dalam penelitian ini adalah suatu tawaran pemikiran untuk mengisi kekosongan peraturan hukum melalui pendekatan kajian teori Negara Kesejahteraan (welfare state), teori keadilan yang dikemukan oleh John Rawls, dan teori hukum pembangunan yang dikemukakan oleh Mochtar Kusumaatmadja.
Efektifitas Perizinan Berusaha Berbasis Risiko dalam Rangka Kemudahan Berusaha Erni Erni; Febri Jaya
Wajah Hukum Vol 6, No 2 (2022): Oktober
Publisher : Universitas Batanghari Jambi

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33087/wjh.v6i2.927

Abstract

Every businessmen in Indonesia, both individuals and legal entities, is required to have legality in the form of a business license before starting or running a business activity. Based on Law Number 11 of 2020 concerning Job Creation, the current business license is risk-based business license, namely a business license based on the level of business scale and risk determination of business activities. The Online Single Submission Risk Based Approach (OSS-RBA) system is a system that integrated with the OSS institution which functions to administer risk-based business licensing. The implementation of risk-based business licensing through OSS-RBA system is expected to provide speed, certainty, convenience and transparency for businessman. As a result, it creates ease of doing business that can increased investment in Indonesia. This study aims to determine how the implementation and effectiveness of risk-based business licensing in providing ease of doing business from perspective of businessmen. This research used non-doctrinal or empirical legal method. The result of this study is that risk-based business licensing through OSS-RBA system still has obstacles where the system and its application are still in the process of being improved so the effectiveness of the new business licensing arrangements and systems are still not optimal.
PERBANDINGAN PERLINDUNGAN HUKUM TENAGA KERJA PEREMPUAN DI INDONESIA DAN SINGAPURA Febri Jaya; Andy Sanjaya
Supremasi Hukum: Jurnal Penelitian Hukum Vol 31 No 2 (2022)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.31.2.85-98

Abstract

The writing and preparation of this article was carried out with the aim of discussing and implementing legislation for women workers in Indonesia and Singapore in terms of rights for women workers as well as negotiations for companies that do not give rights to women workers. Then with this thesis it is expected to be able to provide additional material and insight about the law in work agreements for students and women workers. This type of research is normative legal research through secondary data collection and primary data. Secondary data collection agreed upon data collection through literature study / literature review. Then researchers use qualitative data analysis methods through data collection from personal or official documents, writing the source of this information can draw conclusions from the research conducted. The results of this study indicate that there are similarities and differences in the implementation of the protection of the rights of women workers in Indonesia and Singapore, but both countries highly respect the rights of women workers in their respective countries.
COPYRIGHT REGISTRATION ACCOMPANIMENT FOR THE SONG "KANWIL KEMENKUMHAM KEPRI MENUJU WILAYAH BEBAS KORUPSI" CREATED BY MR. ERICK JUNATA Regent Regent; Febri Jaya
ConCEPt - Conference on Community Engagement Project Vol 2 No 1 (2022): Conference on Community Engagement Project
Publisher : Universitas Internasional Batam

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Abstract

Intellectual property is the result of human thought in which there are moral rights and economic rights that are specifically attached to the creator and are protected by the state as part of human rights. Intellectual property registration is a process carried out to obtain a creation registration letter as part of the legal protection effort for the rights of the creator. However, this intellectual property registration process is a separate problem for the creators because in its implementation it is considered to still cause various obstacles. This community service program aims to provide facilities and educational facilities for the community in the intellectual property registration process for their work. The method of implementing this community service activity is to use the partner data collection method, discuss the details of the copyright registration fee with partners, and register the copyright for the partner's song.
CERTAINTY REGARDING LEGAL CHOICES BETWEEN RELIGIOUS COURTS AND DISTRICT COURTS REGARDING APPLICATIONS FOR DETERMINING HEIRS Febri Jaya; Winda Fitri; Leny Pelita Besouw
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 13 No. 2 (2023): November 2023
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v13i2.31298

Abstract

In accordance with the research title listed above, Indonesia has three legal systems that regulate inheritance, namely; Islamic inheritance law which is based on and uses the holy book Al-Quran as its source, western civil inheritance law which originates from Burgerlijk Wetboek (hereinafter referred to as the Civil Code), and finally customary inheritance law based on the customs of the community itself, this cannot be separated from from the role of each court that handles it. Therefore, the author needs to conduct research on the certainty of legal choices between religious courts and district courts regarding applications for determining heirs. The aim of the research is to analyze the role of the district court and religious court in the application for determining heirs, after that this study will also analyze how legal certainty is provided regarding the legal choice between the district court and the religious court. The results obtained from this research are that the implementation of Law no. 50 of 2009 regarding every application for determining Islamic heirs must be handled and under the authority of a religious court, in fact this does not mean that the district court is of the opinion that it no longer has the right and authority to adjudicate applications for inheritance, this is because the authority possessed by the district court still has power. law in an effort to adjudicate applications for determining inheritance for Muslims. However, what needs to be underlined is that the difference between religious courts is that when it comes to resolving inheritance cases, religious courts are guided by the complications of Islamic law, while district courts are based on the Civil Code, namely western law. Keywords:District Court, Religious Court, Inheritance, Petition, Determination
Co-Authors Alvin Lauw Andy Sanjaya Elza Syarief Erni Erni Jendris Sihombing Leny Pelita Besouw Regent Regent Rina Shahriyani Shahrullah Winda Fitri