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Comparison of Moral and Economic Rights Between Indonesia and France Eristadora, Stephanie; Habibi, Ahmad; Baehaqi, Faisal; Widyastuti, Tiyas Vika; Mashdurohatun, Anis
Journal of Contemporary Law Studies Vol. 1 No. 2 (2024): Februari
Publisher : Indonesian Journal Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.47134/lawstudies.v2i1.2156

Abstract

This article endeavors to conduct a comprehensive legal juxtaposition of moral and economic rights within the contexts of Indonesia and France. Intellectual property rights, specifically copyright, constitute the focal point of analysis, safeguarding various forms of creative expression encompassing literary, artistic, and scientific works. Within the realm of copyright, a fundamental distinction exists between economic rights, which are subject to arbitrary transfer, and moral rights, which inherently vest with the creator or artist and resist divestiture. Employing conceptual and normative approaches, supplemented by data procured from library resources, this research adopts qualitative data analysis techniques, encompassing both traditional and online research methodologies.The findings of this investigation illuminate dissimilarities in the legal frameworks governing intellectual property rights protection between Indonesia and France. France accentuates the significance of cultural and moral rights, prioritizing the intrinsic connection between the creator and their creation. In contrast, Indonesia places greater emphasis on economic considerations and the protection of economic interests. These disparities manifest in the divergent regulatory structures governing industrial design and copyright in each jurisdiction. Notwithstanding these distinctions, the article contends that achieving harmonization and fostering a nuanced understanding of these regulations is imperative to facilitate cross-border collaborations within the global economy and creative industries. Such harmonization is pivotal for advancing the collective interests of nations and creators alike.
Regulatory Model for the Cancellation of Authentic Notarial Deeds Based on Principles of Justice Mashdurohatun, Anis; Waruwu , Ingati Margaretha; Saktiawan , Muhammad Dias; Supriyadi, Supriyadi; Aaty El-Sonbaty, Atta Abdel
Journal of Human Rights, Culture and Legal System Vol. 4 No. 3 (2024): Journal of Human Rights, Culture and Legal System
Publisher : Lembaga Contrarius Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53955/jhcls.v4i3.407

Abstract

The cancellation of an authentic notarial deed can be carried out by one of the parties or the aggrieved party if the deed contains legal defects, causing it to be downgraded to a private deed. The cancellation must be conducted by filing a lawsuit in the court with jurisdiction over the place where the authentic notarial deed was created. This research aims to analyze the cancellation of authentic notarial deeds from the perspective of civil procedural law, which is not yet based on the principles of justice. It also seeks to identify weaknesses in the current procedures and propose a justice-based reconstruction model for the cancellation of authentic deeds made by notaries. The study uses a socio-legal paradigm with relativism ontology and an empirical juridical approach, employing non-doctrinal legal research methods. Primary data were collected through field research, including interviews and/or questionnaires with competent parties. The findings reveal that the reasons for cancellation include non-fulfillment of objective conditions of agreements, absolute incapacity, lack of authority, contradictions with legal provisions, violations of public order or morality, fulfillment of legal events with void conditions, relative incapacity, defects of will, abuse of circumstances, breach of contract, and non-compliance with formal agreement requirements. The study suggests establishing a legal harmonization institution and including judicial decisions in the legislative hierarchy, as well as reconstructing the National Land Agency’s service system for better deed management.
Legal Protection for Briquette Trademark Holders in Indonesia (Study on Decision Number 70pdt.Sus-HKI/Merek/PN Niaga.Jkt.Pst) Syafira, Nimasgari Dhaeyu Wildan; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46172

Abstract

Brands are part of intellectual property rights that have been used for hundreds of years and play an important role in the world of advertising and marketing in the business world. The formulation of the problem in this study is, 1) How is the legal protection for Briket trademark holders in Indonesia, 2) What is the basis for the judge's consideration in Decision Number 70/Pdt.Sus-HKI/Merek/2019/PN Niaga. Jkt. Pst related to legal protection for trademark holders in Indonesia, 3) How should the legal protection for trademark holders in Indonesia be. This research method uses a Normative Juridical approach. Legal research in a Normative Juridical manner examines the implementation of positive legal provisions (legislation) factually in every specific legal event that occurs in society in order to achieve predetermined goals. The results of this study indicate that: Legal protection for briquette brand holders is only given to parties who register their brands in good faith. Therefore, parties who apply for trademark registration based on bad faith will not be given legal protection. 2) The basis for the judge's consideration in Decision Number 70 / Pdt.Sus-HKI / Merek / 2019 / PN Niaga. Jkt. Pst is Law Number 20 of 2016 concerning Trademarks and Geographical Indications related to legal protection for trademark holders in Indonesia. Consumer legal protection against passing off related to public misleading in Indonesia, namely consumers can report business actors who carry out unfair business competition to the Business Competition Supervisory Commission. 3) Legal protection for Trademark holders in Indonesia in the future will be carried out by repressive efforts or active efforts to protect registered briquette brands can be carried out with a complaint offense by filing a lawsuit for damages and a lawsuit for cancellation of Trademark registration or criminal lawsuits through law enforcement officers. Repressive legal protection is carried out if there has been a violation of Trademark rights. Article 76 of the Law on Trademarks and Geographical Indications provides protection to registered trademark owners to file lawsuits against other parties who unlawfully use trademarks that are essentially or wholly similar.
The Effectiveness of Implementing Restorative Justice in Resolving Criminal Cases in the Jurisdiction of the Serang Banten Police Akbar S, Muhammad Aqlizar; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46101

Abstract

The application of Restorative Justice as an alternative to resolving criminal cases has been explicitly regulated in the Regulation of the Chief of Police Number 8 of 2021 concerning Handling of Criminal Cases with a Restorative Approach. In the jurisdiction of the Serang Banten Police, this concept is applied to accelerate the case resolution process by prioritizing the restoration of relations between perpetrators, victims, and the community. Restorative Justice is also in line with the principle of protecting Human Rights. This study aims to examine and analyze the effectiveness of the application of Restorative Justice in resolving criminal cases in the jurisdiction of the Serang Banten Police and to examine and analyze the obstacles to the application of Restorative Justice as in resolving criminal cases in the jurisdiction of the Serang Banten Police and its Solutions. The research method used by the researcher is a legal approach in a sociological juridical manner, with descriptive research specifications. The data sources used include primary data obtained through observation and interview processes, as well as secondary data obtained from documents and literature studies. All data are then analyzed qualitatively with the approach of law enforcement theory, restorative justice theory, and restorative justice theory in an Islamic perspective. Based on the results of the study on the effectiveness of the application of restorative justice in resolving criminal cases in the jurisdiction of the Serang Banten Police, the application of restorative justice in the jurisdiction of the Serang Police has not been effective, because not all criminal cases have been resolved through the Restorative Justice approach or outside the formal justice system, based on data from 2022 P21 126 cases RJ 32 cases, 2023 P21 188 cases RJ 50 cases, 2024 P21 137 cases RJ 28 cases. There is no law that specifically regulates Restorative Justice, the application of Restorative Justice at the Banten Police is based on Perpol Number 8 of 2021, PERMA Number 1 of 2024, Law Number 2 of 2002, then Law Number 39 of 1999, the police have the authority to resolve minor cases through penal mediation. The mechanism is through a peace agreement between the perpetrator and the victim. The benefit is a reduced burden of cases in court. Obstacles. Obstacles in the implementation of Restorative Justice in Polres Serang explain five factors (legal factors, enforcement factors, community factors, cultural factors and infrastructure) found, including minimal socialization, limited technical training for officers, and resistance from parties who still adhere to the retributive approach. The solution requires strengthening regulations, increasing human resource capacity, and collaboration between institutions to support the sustainability and optimization of the implementation of Restorative Justice as a whole.
The Role of the Mobile Brigade Unit in Protecting the Community Regarding Illegal House Evictions at the Riau Islands Police Masdoro, Masdoro; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46080

Abstract

Procurement in the body of goods and services of the Indonesian National Police is currently carried out electronically since the enactment of Law Number 11 of 2008 concerning Electronic Information and Transactions has been given broad legal space. E-procurement as an information system is a synergy between data, data processing machines (which usually include computers, application programs, and networks) and humans to produce information. Procurement of goods/services electronically is basically aimed at: This study uses a normative legal approach method, with analytical descriptive research specifications. Secondary data comes from primary legal materials, secondary law, and tertiary law, as well as legal expert sources. Data collection through a mixed method between field data and literature. Data processing is carried out qualitatively, then conclusions are drawn using the inductive method. Research problems are analyzed using the Theory of Legal Protection, Theory of Legal Systems and Theory of Legal Certainty. The results of this study indicate that: the effectiveness of the law on procurement of goods and services in the National Police in terms of the effectiveness of its legislation by referring to the organizational perspective on government procurement of goods and services and the role of supervisory institutions on government procurement of goods and services. The data collection method was carried out by literature study with legal materials, namely laws and regulations. The analysis used was qualitative analysis seen from an empirical perspective which was used to analyze data obtained from the literature study. The results of the study are that the law governing the procurement of goods and services has not provided sufficiently strict sanctions so that violations still occur, but with the existence of e-procurement, the procurement of goods and services has become more transparent.
Legal Review of Children as Perpetrators of Criminal Acts of Sexual Intercourse Against Children (Case Study at Cirebon District Court) Sumiyati, Sumiyati; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46229

Abstract

Abstract. The crime of sexual intercourse committed by a child against a victim of the same age is an extraordinary problem, one of which is seen in the problem of the criminal system for the perpetrator, on the one hand the perpetrator who is a child cannot be subject to criminal penalties like an adult perpetrator because of considerations of mental growth and considerations of the child's future. The type of this thesis research is a type of Normative legal research. Based on the results of the research conducted, it can be seen that the basis for the judge's considerations in deciding the case of a child as a perpetrator of a crime of sexual intercourse with a child in the Cirebon District Court consists of legal considerations used by the judge, namely, proof of the crime committed, whether the act has fulfilled the elements of rape referred to in Article 285 of the Criminal Code, and from all the statements of the witnesses and the explanation of the prosecutor's demands, it can be concluded that all elements of the crime of rape committed by the defendant have been proven. Meanwhile, sociologically in his decision, the judge considered the aggravating factors for the defendant, namely: The actions committed by the defendant were inhumane, because the defendant committed harassment and immoral acts against the victim who was still a minor, especially the defendant also threatened the victim, this caused the victim to be afraid and traumatized to the point that the victim did not want to go to school. Meanwhile, the mitigating factors for the defendant were: the defendant admitted all his actions, although at first the defendant denied it, the defendant also expressed regret for having committed his actions to the victim who was considered his own lover or girlfriend, and the most important thing in the judge's consideration was that the defendant was still classified as a child. Legal consequences of the Judge's Decision in the case of Children as Perpetrators of Sexual Intercourse Against Children at the Cirebon District Court, legally, perpetrators of sexual intercourse with children can also be subject to criminal sanctions as regulated in Article 81 of Law Number 35 of 2014 concerning Child Protection, children who commit sexual intercourse with children can also be subject to criminal sanctions as regulated in Article 285 of the Criminal Code.
Analysis of Criminal Sentences Against Perpetrators of Criminal Acts of Theft with Aggravating Criminal Case Study Decision Number: 208/Pid.B/2024/PN Jap Alfarizi Lubis, Muhammad Fathur; Mashdurohatun, Anis
Jurnal Hukum Khaira Ummah Vol 20, No 2 (2025): June 2025
Publisher : UNISSULA Semarang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jhku.v20i2.46112

Abstract

The crime of theft is one form of crime that often occurs in society and has a significant impact, both for victims and perpetrators. In the context of law, theft is not only seen from the aspect of its criminality, but also from the broader perspective of justice. In Indonesia, Article 1 paragraph (3) of the 1945 Constitution of the Republic of Indonesia states that "the State of Indonesia is a state of law", which means that all actions, including law enforcement against criminal acts, must be based on law and uphold the principle of justice. In addition, Pancasila as the foundation of the state is an important foundation in assessing and analyzing various legal actions, including the crime of theft. The approach method used in this study is the normative legal approach. The normative legal approach is a legal research conducted by examining library materials or secondary data as basic materials for research by conducting a search for regulations and literature related to the problems being studied. 1. The application of legal sanctions against perpetrators of the crime of theft in Decision Number 208/Pid.B/2024/PN Jap has fulfilled the elements of Article 363 paragraph (1) 3 of the Criminal Code normatively, namely theft committed at night in a house or closed yard. The court sentenced the defendant to two years in prison, which legally complies with the provisions of applicable positive criminal law. 2. The judge's considerations in making a verdict are still oriented towards legal-formal justice, without explicitly considering the social, economic, or background aspects of the defendant. This shows that the judge's considerations do not yet reflect the values of substantive justice upheld by Pancasila, especially the second principle "Just and civilized humanity" and the fifth principle "Social justice for all Indonesian people". 3. The punishment of perpetrators of aggravated theft should be based on Pancasila justice, namely by considering the humanitarian aspect, the balance between victim protection and perpetrator rehabilitation, and an orientation towards social development. An approach that only emphasizes the deterrent effect through imprisonment is not enough to realize holistic social justice.
Reconstruction of Employment Regulations that are Integral in Realizing Industrial Relations Based on Pancasila Justice subiyanto, Subiyanto; Endah Wahyuningsih, Sri; Hafidz, Jawade; Mashdurohatun, Anis
Enrichment: Journal of Multidisciplinary Research and Development Vol. 2 No. 11 (2025): Enrichment: Journal of Multidisciplinary Research and Development
Publisher : International Journal Labs

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55324/enrichment.v2i11.307

Abstract

This research aims to analyze and discover the extent of the application of the value of Pancasila justice in labor regulations, both the legal structure, the substance of the legal material and the legal culture. To analyze and find the weaknesses of the application of the value of Pancasila justice in labor regulations to reconstruct Indonesian labor regulations, in realizing harmonious, dynamic and fair industrial relations based on the value of Pancasila justice. The sociological juridical research method is an approach to seeing a legal reality in society, this approach uses secondary data as the initial data which is then followed by primary data or field data, with the nature of analytical descriptive research. The theoretical foundation in this dissertation uses the theory of Pancasila justice, the theory of the legal system, the integrative theory and the theory of legal development, as well as the theory of legal protection and the theory of legal certainty. That the substance of the law is the part that determines the direction of law implementation and forms legal culture. The results of research on the construction of existing labor regulations have not been able to realize just industrial relations, because the legal substance (substance of the law) does not yet contain Pancasila justice values ??in labor regulations on an ideal and operational basis, so that a legal culture of dialogue has not yet been realized.
RECONSTRUCTION OF PORNOGRAPHY CRIMINAL REGULATIONS BASED ON PANCASILA JUSTICE VALUES Mashdurohatun, Anis; Simanjuntak, Alden Juniedy; Zamrudi, Ehwan; Kusuma, Andi; Rabiie, Ahmed
Jurnal Pembaharuan Hukum Vol 11, No 3 (2024): Jurnal Pembaharuan Hukum
Publisher : UNISSULA

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.26532/jph.v11i3.44504

Abstract

Pornography in positive law in Indonesia has differences with the views of some indigenous people in Indonesia. The purpose of this study is to find and examine the regulation of pornography crimes that have not been accounted for and to formulate a reconstruction of the regulation of pornography crimes based on Pancasila justice. This legal research is a socio-legal legal research. The results of this study are that the legal regulation of pornography reflected in the current positive legal construction does not fully reflect justice based on Pancasila values, because it ignores cultural rights and human rights. Regulations that are open to multiple interpretations in defining pornography have created a gap for the criminalization of the right to express art and culture. The author recommends that the reconstruction of Article 4 paragraph (1) be directed at stricter normative restrictions by adding the element intentionally and with the intention of arousing sexual desire.
Justice-Oriented Reform of Regulations Protecting Land Deed Officials in Land Title Transfers Mashdurohatun, Anis; Erawati, Wahyu Ririn; Yuniarti, Endang; Andaryanti, Yuni; Aquino, Thomas
JURNAL AKTA Vol 12, No 1 (2025): March 2025
Publisher : Program Magister (S2) Kenotariatan, Fakultas Hukum, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/akta.v12i1.44505

Abstract

This research aims to examine and propose justice-oriented reforms to strengthen legal protections for Land Deed Officials (PPAT) in Indonesia, focusing on the gaps and limitations in existing regulations such as Government Regulation No. 24 of 1997 and subsequent amendments. The study addresses the challenges faced by Land Deed Officials, including criminalization, professional risks, and inadequate procedural safeguards, and aligns the proposed reforms with the foundational principles of Pancasila. The research employs a juridical-sociological methodology, combining doctrinal analysis and field data collection through interviews and questionnaires with Land Deed Officials and related stakeholders. Comparative legal analysis is also conducted, referencing practices in jurisdictions such as the Netherlands, France, and the United States, to derive best practices for enhancing legal protections. Key findings indicate that current regulations lack explicit provisions to shield Land Deed Officials from liability for actions performed in good faith, fail to provide mechanisms for compensation in cases of wrongful accusations, and do not empower supervisory bodies such as the Supervisory and Advisory Board (MPPD) with adequate authority. The study further reveals that the integration of digital tools like electronic signatures and blockchain can improve procedural efficiency but requires comprehensive training and robust legal frameworks. The study concludes that justice-oriented reforms should incorporate explicit protections for Land Deed Officials, including immunity for lawful actions, professional liability insurance, and enhanced supervisory powers for Supervisory and Advisory Board. These reforms must align with Pancasila principles to ensure fairness, legal certainty, and human dignity. By addressing these systemic gaps, the proposed framework aims to bolster public trust, protect Land Deed Officials, and enhance the integrity of Indonesia’s land administration system, fostering equitable and transparent land title transfer processes.
Co-Authors Aaty El-Sonbaty, Atta Abdel Abiem Pandya Prasojo Achmad Sulchan Agus Finaningrum, Kiki Agus Supriyadi Agustina Suryaningtyas AHMAD FAISOL ahmad habibi Ahmad Zaki Mubarok Ahmed Rabie Akbar S, Muhammad Aqlizar Al-Farjani, Saleh Hashem Alfarizi Lubis, Muhammad Fathur Ananingati, Ananingati Andaryanti, Yuni Andhika Buana Prasadhana Andri Winjaya Laksana, Andri Winjaya Andrianto Budi Santoso Angga Nugraha Firmansyah Ar Rahiim Innash Arief Indra Kusuma Adhi Arif Zaenal Abidin Arpangi Arpangi, Arpangi Aryani, Fajar Dian Baehaqi, Faisal Bagus Langgeng Prasetiyo Bahtiyar Efendi Bambang Tri Bawono Benseghir, Mourad Budi Setianingrum, Reni Budiman, H. Haris Cahaya Mutiara Mardiana Putri Cahyono, Ma’ruf Cristovão Pinto, Felix Dafitson Husthinob Daniel Yudi Christanto Denny Kusuma Derick Yunanda Desi Wulan Anggraini Dodi Jaya Wardana Efendi, Bahtiyar Eko Soponyono Elsonbaty, Atta Eman Suparman Endah Wahyuningsih, Sri Endah, Sri Endang Kusnandar Endang Yuniarti Erawati, Wahyu Ririn Eristadora, Stephanie Erny Herawati Erwin Aditya Pratama Esti Royani, Esti Eyrsa Setya Kurnia Fatma Wati Fauzia, Ana Fifian Leliana Fonaha Hulu Gholib Ivan Ali Gunarto Gunarto Gunarto Gunarto Gunarto H. Gunarto Hanung Hendratmoko Hari Purwadi, Hari Hartiwiningsih Hartiwiningsih Hendro Widodo Henning Glaser Hidayat Abdulah Holyness Nurdin Singadimedja I Made Dwi Jayantara I Putu Angga Feriyana Indah Nailal Muna Indana Fawaizah Indriasari, Evy Irene Svinarky Irwan Irwan Istiniyati, Istiniyati Jawade Hafidz Junaidi Junaidi K W, Jaka Kholifatul Aziz, Elfira Nur King On Putra Jaya Kismanto Kismanto Kristiawanto Kusuma, Andi Lathifah Hanim Latifah Hanim Latifah Latifah M. Ali Mansyur M. Hasyim Muallim Mahardika, Dinar Mahyuni Mahyuni Mariah S.M. Purba Masdoro, Masdoro Megacaesa Fuditia Fuditia Meta Suryani Moh. Abd Basith Mohamad Rofiqi Mohamed, Muhammad Azimuddin Mohammad Irfan Rifai Muhammad Azam Muhammad Azam Muhammad Dias Saktiawan Muhammad Fahrudin Muhammad Hilmi Akhsin Mukti Fajar Nur Dewata, Mukti Fajar Muna, Nailatul Najati, Fia Agustina Ngadino Ngadino Ni Made Srinitri Nizar Anwar Nur Indah Setyoningrum Nuridin Nurkhasanah, Aisyatun Nurul Masrifah Pradikta Andi Alvat Pratama Hapsari, Ifahda Prihananto Prihananto Purwatik, Purwatik Rabiie, Ahmed Rahmanto, Endy Satya Rekowarno Rekowarno Riska Fauziana Riskha Amaliya Lubis Rivan Achmad Purwantono Rizal Anugrah Bachriar Rudi Iskandar Sahal Afhami Saktiawan , Muhammad Dias Salman, Mohammed Abdullah Sari, Pebrina Permata Setiyawan, Deni Setyaningsih Setyaningsih Simanjuntak, Alden Juniedy Sisno Pujinoto Siti Rodhiyah Dwi Istinah Somaerin Saputra Sri Endah Wahyuningsih Sri Endah Wahyuningsih Sugihartono, Bambang Suhanan, Aan Sukarmi Sukarmi Sulistyani, Ratu Vidi SUMIYATI SUMIYATI Supriyadi Supriyadi SUROTO Syafira, Nimasgari Dhaeyu Wildan Thomas Aquino A. S Tiyas Vika Widyastuti Toni Ariadi Efendi Tri Bawono, Bambang Tri Normalita Putri, Ajeng Tri Ulfi Handayani Waruwu , Ingati Margaretha Wawan Setiyawan Widya Putri Idayatama Yeni Ratnasari Yurulina Gulo Yusfandi Usman YUZURU, SHIMADA Zamrudi, Ehwan Zulfikar Hanafi Bahri