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TINJAUAN YURIDIS PUTUSAN NOMOR 34/PDT.SUS HKI/MEREK/2021/PN JKT.PST TENTANG SENGKETA MEREK YUNTENG Rizki Rizki; Deby Sephira Br Depari; Itok dwi Kurniawan
JURNAL RECTUM: Tinjauan Yuridis Penanganan Tindak Pidana Vol 5 No 3 (2023): EDISI BULAN SEPTEMBER
Publisher : Lembaga Penelitian dan Pengabdian kepada Masyarakat (LPPM) Universitas Darma Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.46930/jurnalrectum.v5i3.3553

Abstract

Perdagangan pada masa ini sangat lah bebas membuat Hak Kekayaan Intelektual berperan penting dalam perdagangan internasional. Hak Kekayaan Intelektual adalah hak yang timbul atau lahir karena kemampuan intelektual manusia yang berupa temuan, karya, kreasi atau ciptaan di bidang teknologi, ilmu pengetahuan, seni dan sastra. Secara umum Hak Kekayaan Intelektual terbagi dalam dua kategori yaitu: Hak Cipta dan Hak Kekayaan Industri. Hak Kekayaan Industri meliputi Paten, Merek, Desain Industri, Desain Tata Letak Sirkuit Terpadu, Rahasia Dagang dan Varietas Tanaman. Tujuan dari penelitian ini adalah Uintuik meingeitahuii uipaya-uipaya yang meilinduingi peimeigang meireik teirkeinal luiar neigeiri di Indoneisia dari peimalsuian meireik serta Uintuik meingeitahuii dasar peirtimbangan Hakim dalam kasuis peinyeileisaian seingkeita meireik YUiNTEiNG dalam puituisan nomor 34/PDT.SUiS-HKI/MEiREiK/2021/PN JKT.PST. Jenis peineilitian ini meingguinakan meitodei yuiridis normativei, meitodei peineilitian yuiridis normativei meiruipakan suiatui meitodei peindeikatan teirhadap yang beirhuibuingan antara faktor-faktor normatif (asas-asas huikuim) dan faktor yuiridis (huikuim positif) Dan tentunya mengacu pada Uindang - uindang nomor 15 Tahuin 2001 dan Uindang - uindang 20 tahuin 2016 teintang Meireik. Merek membuat objek bisnis dapat dikenali dan mudah diingat oleh cakupan masyarakat yang lebih luas sehingga mereka dapat membedakan produk yang serupa atau produk yang berbeda dengan jenis lainnya.
TELAAH VISUM ET REPERTUM SEBAGAI FAKTOR PENENTU DALAM PEMBUKTIAN PADA PUTUSAN NOMOR 208/PID.B/2022/PN BDG Dimas Bagus Anggoro Bangun; Itok Dwi Kurniawan
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.78474

Abstract

This study aims to determine how the Magistrate Judges' legal considerations are based on Visum et Repertum and how Visum et Repertum is a determining factor in proving theft charges with violence resulting in death in death Decision Number 208/Pid.B/2022/PN.Bdg. This is normative legal research that is prescriptive and applied to case studies. The technique of collecting primary and secondary legal materials used for this research is a documental study and literature materials. Regarding the results of the research and discussion, it can be seen that the considerations of the Magistrate Judges in Decision Number 208/Pid.B/2022/PN.Bdg have included juridical and non-juridical aspects. Magistrate Judges require the opinion of a doctor as outlined in the Visum et Repertum, bearing in mind that the judge as a case breaker is not equipped with knowledge related to forensic medicine, so he must pay attention to Visum et Repertum as one piece of evidence that is adapted to other evidence. In addition, Visum et Repertum is a determining factor in proving the indictment of Decision 208/Pid.B/2022/PN.Bdg because it has strength in evidence, namely through matching Visum et Repertum with witness statements, which results are used as conclusions for judges who can be used as a consideration in determining whether a crime has occurred or not and determining the guilt of the defendant at trial.
PERTIMBANGAN HUKUM HAKIM DALAM MENERAPKAN PASAL 2 UU TIPIKOR (STUDI PUTUSAN NOMOR77/PID.SUS-TPK/2018/PN.KDI) Aulia Putri Khairunnisa; Itok Dwi Kurniawan
Verstek Vol 11, No 4 (2023)
Publisher : Sebelas Maret University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jv.v11i4.75275

Abstract

This research examines the problem, what are the legal considerations of judges in applying Article 2 of the Corruption Crime Law to Decision Number 77/Pid.Sus-TPK/2018/PN.Kdi. The research method in writing this journal is normative legal research. This method involves an analysis of legal materials in the form of applicable legal regulations and existing legal documents. The legal material in this study is Law Number 20 of 2001 concerning Corruption Crimes which is focused on Article 2. The results of the research show that as a judge has a great responsibility in making decisions that are fair and based on the law. Some of the legal considerations that must be considered by the judge in making a decision include applicable law, existing facts and evidence, principles of justice, public policy considerations, appropriate punishment, and the interests of the victim. Keywords: Corruption Crime, Judge's Legal Considerations; Article 2 of the Corruption Law
Implikasi Hukum Penetapan Kasus Ganti Kelamin dalam Perspektif Hukum Islam Itok Dwi Kurniawan; Shalahuddien Noor Muhammad
Journal of Law, Society, and Islamic Civilization Vol 11, No 2: Oktober 2023
Publisher : Universitas Sebelas Maret

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20961/jolsic.v11i2.77760

Abstract

This research aims to explore and examine the civil law implications for individuals who are Khuntsa and have changed their identities, with a focus on the perspectives of Islamic Law and Civil Law in Indonesia. The research adopts a normative legal approach with a prescriptive nature, emphasizing the analysis of legislation and case studies. If this process is carried out and followed by a legal application to change their gender identity through the court system, and the judge approves it, there will be legal implications. Additionally, it is essential to consider religious perspectives, especially Islam. To address the issues arising from the civil law implications for Khuntsa individuals who have changed their identities based on court rulings, specific regulations governing their status and position are necessary. This is aimed at ensuring legal certainty in such cases.
The Meaning of the Principle of Material Legality in the Reform of Indonesian Criminal Law Itok Dwi Kurniawan
IJOLARES : Indonesian Journal of Law Research Vol. 1 No. 2 (2023): IJOLARES: Indonesian Journal of Law Research
Publisher : CV Tirta Pustaka Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.60153/ijolares.v1i2.22

Abstract

The principle of legality is a very important principle in criminal law. The principle of legality plays an important role in the enactment of material criminal law rules and is the basis for the validity of acts categorized as criminal acts. The purpose of this study is to determine the meaning of the principle of material legality in the reform of Indonesian criminal law. This article was prepared using the normative legal research method. The results showed that the reform of criminal law with the enactment of Law Number 1 Year 2023 on the Criminal Code did not only change the formulation of the principle of legality substantially, but changed the formal principle of legality which was originally far from the sense of public justice, expanded into a material principle of legality that better guarantees the sense of public justice. This article will discuss the material legality principle as a renewal of the formal legality principle, which aims to expand the reach of the legality principle in providing protection to the community from the negative consequences of criminal acts.
Criminal Liability of an Accused Who Commit Obstruction of Justice Itok Dwi Kurniawan
ARIMA : Jurnal Sosial Dan Humaniora Vol. 1 No. 2 (2023): November
Publisher : Publikasi Inspirasi Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar

Abstract

The criminal justice system is run by law enforcement officers who have authority based on law. All kinds of actions carried out by law enforcement officers are legal as long as they do not conflict with statutory regulations. So any form of obstruction of the judicial process is a violation of the law. This article will discuss problems related to criminal acts of obstruction of justice processes which are not normatively limitatively determined in the formulation of articles of law. This article was written using normative legal research methods with a conceptual approach. The results of this research show that obstruction of the judicial process is a criminal act that has very broad elements, however what needs to be taken into account is that the parameter of obstruction of justice is the contamination of the dignity and worth of the judicial institution.
PENGUATAN INSTRUMEN PERLINDUNGAN HAM DALAM PEMBAHARUAN KUHAP UNTUK MEWUJUDKAN CITA NEGARA HUKUM Bambang Santoso; Muhammad Rustamaji; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3337

Abstract

According to the 1945 Constitution, Indonesia is a state of law.  Law violation must be prosecuted according to the rules of applicable law. Violation of criminal law, its enforcement through criminal procedural procedures. Criminal Procedure Code needs to be updated because of its many weaknesses. Criminal Procedure Code reform must guarantee the achievement of the ideals of a rule of law state. This study aims to reveal a model for strengthening human rights protection instruments in the reform of the Criminal Procedure Code. This research is a normative study using secondary data, in the form of primary, secondary and tertiary materials. Data collection techniques with library research. The analysis was carried out prescriptively with the deduction method. The results show that in the reform of the Criminal Procedure Code the instrument for protecting human rights is strengthened because Indonesia has ratified several international conventions, including the Covenant on Civil and Political Rights (ICCPR). The Criminal Procedure Code must comply with several ICCPR provisions, including regarding detention by investigators as short as possible and immediately brought before the judge, stipulating the right to remain silent as an embodiment of the principle of non-self-incrimination. Keywords: Criminal Procedure Code Reform, Human Rights Protection, Rule of Law.
STUDI TENTANG PENERAPAN ASAS VERHANDLUNGS MAXIME DALAM PEMERIKSAAN PERKARA PERDATA Sigit Dwi Nugroho; Ismawati Septiningsih; Itok Dwi Kurniawan
Jurnal Hukum Mimbar Justitia Vol 9, No 1 (2023): Published 30 Juni 2023
Publisher : Universitas Suryakancana

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35194/jhmj.v9i1.3284

Abstract

In civil procedural law there are principles that must be met, one of which is fulfilling the legal principle, the Verhandlungs Maxime principle has the understanding that the scope or main area of the dispute submitted to the judge for examination is basically determined by the parties to the case and not by the judge. In practice, if the Verhandlungs Maxime principle is applied absolutely in trying cases, it can cause the principle of justice or the principle of expediency not to be fulfilled. There is a need for research related to the application of the Verhandlungs Maxime principle in the examination of civil cases to determine the scope of this principle. The research method used in the preparation of this study is a normative juridical method. Judges in deciding a case must pay attention to the Verhandlungs Maxime principle so that the resulting decision is not considered Ultra Petita, but the judge has the freedom to decide outside the subject of the dispute submitted by the parties based on the theory of legal objectives by Gustav Radbruch, Law Number 48 of 2009 concerning Power Judiciary, and Supreme Court Jurisprudence. An understanding is needed regarding the arrangement and application of the Verhandlungs Maxime principle in the Civil Procedure Code, other regulations related to the verhandlungs maxime principle, and the development of the application of the principle so that there is a uniform understanding of the verhandlungs maxime principle. Keywords: Civil Case, Legal Principles, Verhandlungs Maxime.
Keterlibatan Masyarakat Dalam Pembentukan Undang-Undang Sebagai Bentuk Impementasi Demokrasi Itok Dwi Kurniawan; Pipit Widiatmaka; Samuel Bintang Robby
Jurnal Analisis Hukum Vol. 6 No. 2 (2023)
Publisher : Universitas Pendidikan Nasional

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.38043/jah.v6i2.4306

Abstract

This article examines the relationship between community participation in the formation of laws and the democratic system, the role of society in the process of forming laws, and community constraints in participating in the process of forming laws. The results of the study in this article show that community involvement in shaping laws is the main key to a country that adheres to democracy, so it is closely related to community involvement in the formation of laws and democracy. The process of forming a law goes through several stages, namely planning, drafting, discussing ratification, and promulgation. Good laws must uphold the principles of legal certainty and justice and aim to advance the welfare of the community. Community involvement in forming laws is very important, considering that the law if it has been passed and promulgated will have direct implications for the community. State institutions that hold legislative functions in the formation of laws must involve the community.
BRANDING IN THE DEVELOPMENT OF MATARAM ANCIENT KINGDOM TOURISM VILLAGE IN PLERET KELURAHAN BANTUL, YOGYAKARTA SPECIAL REGION Itok Dwi Kurniawan; Lia Lestari; Muhammad Yusuf Airlangga
E-Amal: Jurnal Pengabdian Kepada Masyarakat Vol 2 No 1: Januari 2022
Publisher : LP2M STP Mataram

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47492/eamal.v2i1.1165

Abstract

The development of tourist villages is one of the efforts to improve the local community's economy. The development of the potential possessed by the village is one way out that can be offered. Pleret Village, which is located in Pleret District, Bantul Regency, Special Region of Yogyakarta, has various potentials that can be developed. Especially in the field of tourism. The development of tourism potential owned by Pleret is still in the development and revitalization stage. The tourism village branding activities carried out by the 2021 UNS KKN TIM include making profile videos, tourism village logos, and publications on social media. This branding activity is carried out to introduce or promote the potential of Pleret village, especially in the field of tourism to a wide audience. The more recognition of the potential possessed by the village of Pleret will later bring in domestic tourists and will increase the economic lift of the surrounding community who had been affected by the pandemic. Tourism village branding carried out by the 2021 UNS KKN TEAM in collaboration with various parties who participated in helping the smooth running of the program. The expected output is being able to raise the tourism potential of Pleret village, helping to increase MSMEs around tourist destinations, fiber being able to provide a new perspective where the digital world has a very effective and efficient role in various fields, especially in this case tourism village marketing.