Emir Syarif Fatahillah Pakpahan
Universitas Prima Indonesia

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Implementasi Undang-Undang Nomor 13 Tahun 2003 dalam Perlindungan Hukum Karyawan CV. Husnajaya yang Dirumahkan Akibat Covid-19 Aldilla Putri; Kalvin Aditia Brahmana; Andika Kristian Tarigan; Emir Syarif Fatahillah Pakpahan
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 4, No 3 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), February
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (942.046 KB) | DOI: 10.34007/jehss.v4i3.948

Abstract

This paper aims to determine the form of legal arrangements, agreements between workers legal responsibility and protection to workers based on the perspective of the Manpower Act. This study uses empirical juridical and data collected through field studies or observations and then analyzed qualitatively. This study concludes that the rule of law outside the employment contract and refers to the labor law that if the employer does not have the ability to pay in full, it is necessary to negotiate with the worker regarding the amount of wages, the method of payment and the length of time he is laid off. Meanwhile, for workers whose employment relationship is terminated, based on Article 164 paragraph (1) of Law Number 13 of 2003 concerning Manpower, the worker/labourer may be terminated by the employer on the grounds of force majeure, provided that the worker/laborer the person is entitled to severance pay in the amount of 1 (one) time under the provisions of Article 156 paragraph (2), a service award of 1 (one) time in the provisions of Article 156 paragraph (3) and compensation in accordance with the provisions of Article 156 paragraph (4). Thus, matters that regulate the working relationship between the company and workers have legal certainty and legal protection for workers as well as a form of responsibility for the company.
Civil Liability Against Business Actors Committing Violations of Halal Labeling Based on Law no. 8 of 1999 Concerning Consumer Protection Emir Syarif Fatahillah Pakpahan; Dewantara Dewantara; Bella Yuli Savira; Budi Valendra
LEGAL BRIEF Vol. 11 No. 1 (2021): Law Science and Field
Publisher : IHSA Institute

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (902.957 KB)

Abstract

The plurality of products traded in the market are suspected of not having halal certificates. This condition is very concerning, especially for Indonesian Muslims. Indonesia's market share is flooded with not only domestic products, but also imported products, as an implication of the implementation of AFTA (ASEAN Free Trade Area) and MEA (Asean Economic Community). For Muslims, the halalness of a product is very urgent. The inclusion of halal food labels is a form of protection to consumers that halal products are consumed. Law Number 8 of 1999 concerning Consumer Protection (hereinafter referred to as UUPK) regulates civil sanctions for business actors violating the halal label. Law Number 33 of 2014 concerning Guaranteed Halal Products (hereinafter referred to as the JPH Law) also regulates sanctions for business actors who do not maintain product halalness and do not include halal certificates on products already labeled as halal. The presence of UU JPH and PP No. 31 of 2019 is expected to bring fresh air to change the procedure and registration system for halal certification from voluntary to mandatory. This journal uses normative juridical research, namely analyzing legal products such as laws and regulations. The data used are secondary data, namely books relevant to the research. The research uses qualitative analysis, where the problem is described in the form of sentences.
Perlindungan Hukum terhadap Pemegang Hak Merek Minyak Biawak yang Ditiru Emir Syarif Fatahillah Pakpahan; Febyola Nababan; Lili Dianawati
Journal of Education, Humaniora and Social Sciences (JEHSS) Vol 5, No 2 (2022): Journal of Education, Humaniora and Social Sciences (JEHSS), November
Publisher : Mahesa Research Center

Show Abstract | Download Original | Original Source | Check in Google Scholar | Full PDF (283.449 KB) | DOI: 10.34007/jehss.v5i2.1301

Abstract

The purpose of this study was to find out the legal provisions or regulations regarding trademark rights according to the trademark law, violations and legal protection of registered trademarks and legal protection against holders of the rights to the copy of the Biawak oil mark. The research is focused on the legal protection of the rights holders of the lizard oil brand. In order to approach this problem, a reference to the theory of legal protection and the theory of legal certainty is used. Data was collected through document analysis, interviews and observations using a qualitative approach. Based on the findings in the field that the Legal Provisions or Regulations Regarding Mark Rights according to the Trademark Law are regulated in the Trademark Law and Geographical Indications. Violation and Legal Protection of registered Marks, may be subject to criminal, civil, and administrative law sanctions. Legal Protection for Copyright Holders of Imitated Biawak Oil. In this case, it demands compensation and the cessation of all use of the mark. The Commercial Court was sued (Article 76 paragraph 1 and paragraph 3 of the Trademark and Geographical Indication Law.
Analisis Putusan Nomor 2058 K/Pdt/2019 tentang Wanprestasi Perjanjian Jual Beli Rumah Emir Syarif Fatahillah Pakpahan; Nofrianti Limbong; Citra Bunga Ramahdita
Jurnal Hukum Lex Generalis Vol 6 No 9 (2025): Tema Hukum Agraria dan Pertanahan
Publisher : CV Rewang Rencang

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56370/jhlg.v6i4.923

Abstract

Analysis of the Supreme Court Decision Number 2058 K/PDT/2019 regarding breach of contract for house sale and purchase. This decision emphasizes the importance of fulfilling obligations in house sale and purchase agreements. This analysis discusses the legal basis, case facts, and implications of the decision on the parties involved. The results of the analysis show that the decision meets the relevant legal basis and has significant implications in the context of law and society.