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All Journal JURNAL MAHKAMAH Unes Law Review JUSTISI Era Hukum: Jurnal Ilmiah Ilmu Hukum Jurnal Hukum Adigama JURNAL USM LAW REVIEW International Journal of Educational Review, Law And Social Sciences (IJERLAS) Bengkoelen Justice : Jurnal Ilmu Hukum Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Journal of Law, Poliitic and Humanities
Gunawan Djajaputra
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Religion Humanities Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Physics Public Health Social Sciences Other

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Analysis of the Judgment of the Judge in the Settlement of Default Agreement Debts (Case Study Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) Shafaa Alaadini Yuan; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1105

Abstract

Analysis of Judges' Considerations in Settling Defaults in Debt Agreement (Case Study of Decision Number 515/Pdt.G/2020/PN.Jkt.Sel) aims to examine how judges assess default cases and reflect relevant civil law principles. This research uses a normative legal method with a statutory approach. The results showed that in the decision, the judge considered the authentic deed of acknowledgment of debt made by the defendant as valid evidence of the agreement between the plaintiff and the defendant. Although the defendant acknowledged the debt, the judge found that the defendant did not fulfill its obligation to pay, which was considered a default. The judge also emphasized the importance of good faith in the execution of the agreement, asserting that the collateral in the form of land certificates provided by the defendant did not change the fact that the obligation had not been fulfilled. Finally, the judge granted the plaintiff's claim, affirming the protection of violated rights and demonstrating a commitment to upholding justice in the legal system. This decision reflects the application of fundamental civil law principles, emphasizing the importance of authentic deeds, the definition of default, and the need to comply with agreed obligations. Through careful analysis of evidence and enforcement of creditors' rights, this decision not only resolves the dispute but also educates the public on civil law, encouraging integrity and compliance in transactions
Legal Review of Land Certificates Affected by Forest Areas in Indonesia Marisyah Taher; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1106

Abstract

This research examines the legal review of land certificates affected by forest areas according to the Indonesian Basic Agrarian Law (UUPA) and its implications within forest regions. Under the UUPA, land encompasses not only the surface but also the subsoil, establishing legal relationships between individuals or legal entities and the land, which results in specific legal statuses. The UUPA regulates land rights, including permanent rights, statutory rights, and temporary rights. Land registration is mandated to ensure legal certainty for rights holders and to provide protection by issuing valid certificates. These certificates serve as strong evidence of ownership, though they can be annulled if administrative or material errors are found. In the context of forest areas, land regulation becomes more complex. Forest areas, as stipulated by the Forestry Law, require protection and must be exempt from individual or corporate rights, as such rights can threaten the sustainability of forest ecosystems. To address land ownership conflicts within forest regions, the government has issued Presidential Regulations that govern the processes for managing, organizing, and resolving disputes in forest areas through various mechanisms, including social forestry programs. Agrarian reform is also implemented through land redistribution to promote welfare and equity. However, despite regulations governing certificates within forest areas, no specific policy exists regarding the annulment of certificates in these zones. Annulment is needed as a legal remedy for ownership disputes that may arise due to administrative defects or illegality
Legal Remedies for Breach of Contract in Digital Service Agreements Reza Kurniawan Cahya Putra; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 2 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i2.1174

Abstract

This study examines the legal mechanisms for addressing breaches in service contracts in an increasingly complex digital era. It aims to identify legal challenges in digital transactions and provide relevant policy recommendations to enhance legal protections for digital service users. The research uses a qualitative method with a literature review as the data collection technique. The findings indicate that legal challenges in digital transactions are highly complex, especially in addressing breaches caused by technical factors, information asymmetry, and jurisdictional differences between countries. Digital contracts involving various parties from multiple locations require an adaptive and responsive legal approach to ensure user protection. Effective legal efforts include drafting clearer regulations on rights and obligations in digital contracts, implementing online dispute resolution (ODR) methods, enhancing service provider transparency, and fostering international collaboration for harmonizing digital contract law. With these policy recommendations, it is hoped that digital service users will receive adequate legal protection, creating a safe, fair, and trustworthy digital transaction environment.
IMPLEMENTATION OF GOTO TRADEMARK PROTECTION BASED ON THE PRINCIPLE OF “SUBSTANTIAL SIMILARITY” Richie Fernando; Gunawan Djajaputra
Bengkoelen Justice : Jurnal Ilmu Hukum Vol. 15 No. 1 (2025): April 2025
Publisher : Universitas Bengkulu

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jbengkoelenjust.v15i1.40593

Abstract

Trademark protection is a crucial aspect of intellectual property law, aimed at safeguarding trademark owners and preventing consumer confusion. This study analyzes the implementation of the "substantial similarity" principle in a trademark dispute case involving the registered trademark owner "GOTO" against similar trademark variations, such as "goto" and "Goto Financial." Using a normative approach, this research evaluates trademark infringement based on visual, phonetic, and conceptual similarities, which may cause confusion and potential loss to the actual trademark owner. The findings indicate that the principle of "substantial similarity" plays a vital role in maintaining the exclusive rights of registered trademark owners while providing legal certainty and fairness in resolving trademark disputes. These findings reinforce the importance of strong trademark protection regulations to prevent conflicts and safeguard brand reputation in an increasingly competitive market. Keywords: Trademark Protection, Substantial Similarity, Exclusive Rights, Trademark Dispute
Analysis of Default in Cooperation Agreements: A Perspective on Rights and Obligations of The Parties In Dispute Resolution Rayhan Fahriza Yose; Gunawan Djajaputra
JURNAL USM LAW REVIEW Vol. 8 No. 2 (2025): AUGUST
Publisher : Universitas Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26623/julr.v8i2.12071

Abstract

This study aims to analyze defaults in cooperation agreements and examine the rights and obligations of the parties in dispute resolution. The urgency of this research arises from the increasing occurrence of defaults in cooperation agreements, which have significant legal and economic consequences for business relationships and economic stability. Using a normative juridical approach, the research examines provisions of the Indonesian Civil Code and relevant legal doctrines, focusing on dispute resolution mechanisms through litigation and alternative methods. Primary legal sources include the Civil Code (KUHPerdata), Law No. 30/1999 on Arbitration, and Supreme Court regulations, while secondary sources comprise legal journals and court decisions. The findings show that default in cooperation agreements results in legal consequences such as compensation, agreement termination, and performance enforcement. Several procedural conditions must be met, including the seriousness of the breach and timely legal action. The study provides a novel contribution by combining normative legal analysis with practical considerations in resolving contractual disputes within the Indonesian legal framework. It concludes that cooperation agreements must clearly define mutual obligations and dispute resolution procedures to ensure legal certainty and fairness. The research recommends that parties include specific clauses addressing default and adopt alternative dispute resolution mechanisms to reduce litigation and maintain business relationships.
A Civilian Ownership and Use of Firearms in Indonesia: A Juridical and Human Rights Analysis Yoga Wiratama; Gunawan Djajaputra
Jurnal Mahkamah : Kajian Ilmu Hukum dan Hukum Islam Vol. 10 No. 1 June (2025)
Publisher : Institut Agama Islam Ma'arif NU (IAIMNU) Metro Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25217/jm.v10i1.6127

Abstract

This study explores the legal mechanisms that govern civilian firearm ownership and utilization within Indonesia, examined from both juridical and human rights perspectives. The primary aim of this investigation is to analyze the statutory framework controlling civilian gun possession, evaluate the implementation of existing regulations, and identify challenges in firearm surveillance and regulation. The research adopts a normative legal methodology incorporating statutory analysis and comparative examination approaches. Results indicate that Indonesia implements highly restrictive measures regarding civilian firearm ownership through an extensive licensing framework, as outlined in National Police Regulation Number 1 of 2022. The investigation also identified significant gaps between comprehensive regulatory provisions and practical enforcement, especially concerning the oversight of unauthorized weapon distribution. The study concludes that enhanced inter-agency monitoring systems and collaborative frameworks are essential to achieve balance between personal security entitlements and collective public protection.
The Role of the Ministry of Agrarian Affairs and Spatial Planning/National Land Agency (ATR/BPN) as a Government Institution Facilitating the Electronic Land Certificate Policy Jennyola Savira; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.418

Abstract

The land sector is always seeing an increase in the community's demands. The state's land registration program and certificates of land rights are two measures that aim to provide community land-related activities more legal clarity. Technology has progressed to the point where traditional methods of registration and land rights certificates have given way to electronic alternatives. This change has led to a variety of responses and public concerns, one of which is whether the Indonesian state can realize this policy effectively in terms of regulations, institutions, infrastructure and society. This research was conducted to analyze the role of the ATR / BPN ministry as an institution that facilitates the electronic land certificate policy. The writing of this article uses normative research methods with a conceptual approach. The results of this study indicate that the ATR / BPN ministry has a crucial role in implementing this policy, starting from forming legal regulations, providing infrastructure, and creating innovations in the land sector to socialization in the community. The obstacles and constraints in implementing this policy include unprepared and optimized facilities and human resources, lack of public understanding, and imperfect legal regulations and security systems for electronic land certificates.
Economic Potential of Traditional Cultural Expression From The Perspective of Indonesia’s Intellectual Property Righs Law Stevanny, Stevanny; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.419

Abstract

Folk Songs are very vulnerable to be claimed by other parties, changed and/or re-sung inappropriately or deviating from the values ??of the traditional community. So it is important to conduct a research related to the protection of Folk Songs within the scope of Copyright Law in Indonesia.This research aims to gain knowledge by analyzing the regulation of Folk Songs in terms of Intellectual Property Law, especially Copyright and certainty regarding their commercial use which produces economic benefits. This study employs normative legal research techniques utilizing both conceptual and statutory approaches to comprehend legal facets through relevant literature and regulations. In accordance with the Explanation of Article 38 paragraph (1) of Law Number 28 of 2018 concerning Copyright, which states that the State holds creative rights and that other parties can implement copyright with permission from the creator or copyright holder in the form of a license agreement, this research shows that folk songs are one of the traditional cultural expressions. The Minister is authorized to execute license agreements on behalf of the State with other entities having a similar standing. Despite the issuance of Government Regulation Number 56 of 20222 concerning Communal Intellectual Property to carry out the mandate of Article 38 paragraph (4) Law Number 28 of 2018 concerning Copyright, the provisions regarding the procedures and implementation of this application have not been thoroughly regulated.
Opportunities For Cyber Notary Implementation In A Legal Perspective Lili Julianti; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 4 No. 4 (2024): (JLPH) Journal of Law, Politic and Humanities (May-June 2024)
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v4i4.430

Abstract

The capacity of notaries to provide top-notch services that are quick, strategic, and community-solving is crucial in this age of fast-paced technological, informational, and communicative advancements. The usage of a cyber notary is one strategy for delivering timely and strategic services to the public. To be clear, the power to certify electronically performed transactions is the only one that now exists under the umbrella of "cyber notary," which refers to a system that notaries may employ to carry out their responsibilities and exercise their authority via electronic institutions. In accordance with the explanation of Article 15 paragraph (3) of Law Number 2 of 2014 on Amendments to Law Number 30 of 2004 on the Position of Notary (UUJN), this article aims to shed light on the possible capabilities of cyber notaries. Using a statutory approach, this study applies normative legal theory. Both Article 77 of Law Number 40 of 2007 about Limited Liability Companies and Law Number 11 of 2008 concerning Electronic Information and Transactions (UU ITE) deal with the electronic preservation of notary protocols. The minutes of the annual meeting of shareholders prove that cyber notary prospects really exist. Due to the Notary Position Law's lack of explicit regulation of the chances for creating deeds using electronic media, the implementation of cyber notary currently faces hurdles.
Legal Standing of Land Rights Certificate on Eigendom Verponding Land Hafidz Indra Pratama; Gunawan Djajaputra
Journal of Law, Politic and Humanities Vol. 5 No. 1 (2024): (JLPH) Journal of Law, Politic and Humanities
Publisher : Dinasti Research

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38035/jlph.v5i1.828

Abstract

Many disputable incidents related to the ownership of land previously controlled by Western parties continue to occur, where the owner or heir asserts a claim to ownership of the land, even after the enactment of Law Number 5 Year 1960 on Basic Agrarian Principles, as well as the unchanged status of the land over a 20-year period. This research aims to investigate the legal position of land title certificates related to the concept of eigendom verponding land, as well as the legal protection available to holders of certificates declared invalid by Supreme Court Decision Number 109 PK/Pdt/2022. The methodological approach applied is the normative juridical research method. The research findings show that land previously owned by Western parties becomes direct ownership by the state, so that holders of former eigendom verponding land certificates must still be recognized. This conclusion is based on a theoretical analysis of legal norms derived from various hierarchies of laws and regulations that are interrelated and related to each other. Land that was once part of the eigendom verponding system and has now transitioned into direct state ownership, with the issuance of land title certificates, marks a manifestation of the legal protection afforded to individuals who initially held certificates that were later revoked, in accordance with the principle of legal protection. In this context, objections to the issuance of land rights certificates can no longer be raised in court, because essentially, objections to land rights certificates can only be made within five years of the certificate being issued, as stipulated in Article 32 paragraph (2) of Government Regulation Number 24 of 1997.
Co-Authors Adi Tri Atmaja Aditya Luthfi Denia Ahzaza Fahrani Aisyah Nikita Albeth Albeth Andrew Giovanni Tanjaya Angeline Ani Anggreni Aurora Vania Crisdi Gonadi Bella Patnessia Catherine Carisa Khovin Chelvia Priscilla Christhalia Noveldy Tanjaya Christopher Kendrick Adam Cindy Situmeang Clara Brigitta Clara Vania David Oberlin Nugraha Saragih Dhiwatsani Yudhistira Dian Ayu Rizkika Edric Victori Elisa Setyowati Edison Eriyantouw Wahid Febry Yanti Fernando Fernando Fransisca Kusuma Aryani Gabriel Nugeraha Silalahi Gladys Natalie Aurielle Sirait Glorya Kalicya Hafidz Indra Pratama Hanifah Henna Kurniasih Hertanto, Sandrarina Ivana Ivana Janice Vianney Jeanet Trifena Lewi Jennyola Savira Jeremi Korayan Jimmy Gunawan Jodhantara Aulliandika Joshua Tanaya Kanisius Jehabut Kea Ezzati Ascarya Kusumonegoro Kevin Hernando Pratama Lavetta Ferels Lili Julianti Lorenzo Marco Marcelino Valentin Marisyah Taher Michael . Muhamad Ibnu Afif Muhammad Ruen Wijokangko Wijokangko Nadia Tasha Juniar Napoleon Tampubolon Natasya Elvara Yusuf Nickyta Firmaniar Omega Kharisma Yeremiarim Rafi Erdian Wibowo Rayhan Fahriza Yose Reza Kurniawan Cahya Putra Richie Fernando Rio Utomo Hably Riwenda Septiani Riyan Saputra Sahati Satria Gunawan Shafaa Alaadini Yuan Siaw Swhien Stevanny Stevanny, Stevanny Sylvie Liunadi Teguh Ariyanto Tifanni Tifanni Vanessa Vanessa Vincensia Vincensia William Hendarsin William Jason Wiranti Agustina Ningrum Wulan Agustini Yoga Wiratama Yuriz Wibowo Zahra Maulida Aulia