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TINJAUAN YURIDIS DALAM BUKTI HUKUM KONSUMEN DALAM MAKANAN HALAL Jacobus jopie Gilalo; Adi Sulistiyono; Burhanudin Harahap
JURNAL ILMIAH LIVING LAW Vol. 12 No. 1 (2020): Jurnal ilmiah Living Law
Publisher : Magister Hukum Sekolah Pascasarjana Unida

Indonesia is a country with the majority Muslims in the world. As Muslims, it is obligatory to comply with religious prohibitions that must be obeyed, namely by not consuming food that are made from / have non-halal contents. Several laws, namely: Consumer Protection Act, Health Act, Food Act and Halal Product Guarantee Act are a form of legal protection for halal food products that can provide guarantees for consumption by Indonesian Muslim communities. This paper is a descriptive qualitative one that seeks to provide an overview of the problem of regulating halal food products in relation to consumer protection and legal protection of consumers in consuming halal food products. The results of this review study that the regulation of halal food products for companies or businesses that will trade their products in Indonesia based on the Halal Product Guarantee Act if related to consumer protection has provided legal certainty for the consumer community (Muslims) to consume halal food, namely by there are Halal Certification marks and Halal Labels. Likewise, several laws and regulations relating to halal food products that have been enacted provide legal protection for consumers in consuming food and beverages. Consumers must get information, safety and a sense of security for a food product that will be consumed according to their choices.

Tinjauan Yuridis Pailitnya PT. Merpati Nusantara Airlines Persero Akibat Kelalaian Terhadap Perjanjian Damai Muhammad Rizqy Fajrian; Adi Sulistiyono
PLEDOI (Jurnal Hukum dan Keadilan) Vol. 2 No. 2 (2023): September
Publisher : Amal Insani Foundation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56721/pledoi.v2i2.239

Law No. 37/2004 on Bankruptcy and PKPU has regulated the bankruptcy and PKPU process for SOEs, where the Ministry of Finance is authorized to file bankruptcy applications. The problem that the author wants to raise regarding the differences in the bankruptcy of BUMN Persero, in this discussion is the bankruptcy case of PT Merpati Nusantara Airlines (PT MNA). Based on the explanation of the Bankruptcy and PKPU Law article 2 paragraph (5), it is stated that BUMNs that can be bankrupted by the minister of finance are BUMNs whose capital is not divided into shares or BUMN Perum, while in practice at the trial the bankruptcy of PT MNA was canceled on the grounds that the BUMN (Persero) could only be bankrupted by the Minister of Finance. Whereas BUMN Persero is subject to the Limited Liability Company Law and is also subject to the Limited Liability Company Law, this is because the arrangements regarding the bankruptcy of BUMN are still overlapping, resulting in inconsistencies in the decisions of judges in examining and deciding BUMN bankruptcy cases. The writing of this article uses normative legal research, using primary legal sources, namely the Bankruptcy Law, Limited Liability Company Law and BUMN Law. The data collection technique in this research is a literature study, namely collecting primary legal materials by tracing laws and regulations related to the position of bankrupt BUMN Persero. Furthermore, secondary legal materials are obtained by collecting books, scientific papers, and journals relevant to the author's research. Using deductive pattern as an analysis method by connecting major and minor premises. The result of this research is that PT MNA, even though it is a Persero SOE and its shares are 100% owned by the government, can still be bankrupted by anyone other than the minister of finance as long as it meets the bankruptcy requirements and the bankruptcy decision of PT MNA which is in accordance with the Bankruptcy and PKPU Law is based on 2 articles of the PKPU Law, namely Article 170 paragraph (1) and Article 291 paragraph (2).

CONSUMER PROTECTION AS AN INSTRUMENT FOR FULFILLING HUMAN RIGHTS IN THE ECONOMIC SECTOR AND ITS CONSTITUTIONALIZING EFFORTS IN THE 1945 CONSTITUTION Musa Taklima; Adi Sulistiyono; M. Syamsudin
Jurisdictie: Jurnal Hukum dan Syariah Vol 14, No 1 (2023): Jurisdictie
Publisher : Fakultas Syariah

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.18860/j.v14i1.20844

Humans are ipso facto consumers who are entitled to their rights that must be protected under contract and law. Consumers, as human beings, have human rights that must be protected, respected, fulfilled, and promoted by the state. There is a vital intersection between consumer rights and human rights. The right to a decent standard of living is a human right to food, clothing, and housing. Fulfillment of human rights can be pursued by adequate protection of consumer rights. The effectiveness of protecting consumer rights can be realized by rooting them in the constitution to allow them to become fundamental rights and empower public authorities in fulfilling, respecting, implementing, and enforcing them so that the goal of consumer protection is achieved in maintaining human dignity and status where this is a value of humanization, liberation, and transcendence from the perspective of prophetic law. The research is expected to offer a recommendation for the government and the People’s Consultative Assembly (MPR) amidst the urgency of constitutionalizing consumer rights in the Constitution to support the recognition of consumer rights as universal human rights.Manusia, warganegara ipso facto konsumen. Manusia sebagai konsumen memiliki hak-hak yang harus dilindungi tidak hanya oleh kontrak akan tetapi hukum. Konsumen sebagai manusia memiliki hak asasi yang harus dilindungi, dihormati, dipenuhi dan dimajukan oleh negara. Terdapat keteririsan yang kuat antara hak-hak konsumen dengan hak asasi manusia. Hak atas standar hidup yang layak merupakan hak asasi manusia di bidang yang mencakup pangan, sandang dan perumahan. Pemenuhan HAM ini dapat diusahakan dengan perlindungan hak-hak konsumen yang efektif. Efektivitas perlindungan hak-hak konsumen dapat diwujudkan dengan mengakarkannya dalam konstitusi sehingga menjadi hak fundamental dan dapat memberdayakan otoritas publik dalam pemenuhan, penghormatan, pelaksanaan dan penegakannya, sehingga tujuan perlindungan konsumen tercapai dalam menjaga harkat dan martabat manusia di mana hal tersebut merupakan nilai humanisasi, liberasi dan transendensi dalam perspektif ilmu hukum profetik. Penelitian diharapkan menjadi rekomendasi bagai pemerintah dan Majelis Permusyawaratan Rakyat (MPR) terkait urgensi konstitusionalisasi perlindungan hak-hak konsumen dalam UUD sebagai upaya mendukung pengakuan hak-hak konsumen sebagai hak asasi manusia yang bersifat universal.

Perlindungan Hukum Hak Cipta Atas Cover Lagu Menggunakan Deepfake Voice Pada Platform Digital Adena Fitri Puspita Sari; Adi Sulistiyono
Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora Vol. 1 No. 2 (2024): April : Hukum Inovatif : Jurnal Ilmu Hukum Sosial dan Humaniora
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/humif.v1i2.127

This article aims to find out how copyright law protection can be done against song covers using deepfake voice. This research is a prespective normative legal research. The research approach uses statutory and conceptual approaches using primary legal materials, secondary legal materials, and tertiary legal materials. The technique of collecting legal materials uses literature study techniques. The technique of analyzing legal materials uses syllogism with a deductive mindset. Legal protection of copyright on song covers using deepfake voice uploaded on digital platforms can be done by providing protection of economic rights, moral rights, and sanctions. Therefore, to avoid copyright infringement, the perpetrators of song covers using deepfake voices uploaded on digital platforms need to pay attention to moral rights and economic rights regulated in Article 5 and Article 9 of the HC Law. The government is expected to make new regulations regarding the protection and supervision of deepfake voices in relation to the use of songs as well as adding digital platforms Article 3 paragraph (2) of PP No. 56 of 2021 concerning Management of Royalties for Copyright of Songs and/or Music

Keabsahan Jual Beli Mystery Box Perspektif Pasal 1320 KUH Perdata Ishakimuda Lawrensius Basaro; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.175

This article aims to find out the validity of a mystery box sale and purchase agreement from the perspective of article 1320 of the Civil Code. It is hoped that the results of this research can be used by parties, especially potential online loan recipients, in making an online loan agreement using a standard agreement system. The research methodology uses normative law, including primary and secondary legal documents, as well as data collection approaches such as literature reviews. A conceptual approach and a statutory approach were used in this research. The data analysis technique used was a deductive data analysis technique using the syllogism method. The validity of an agreement is assessed based on 4 main points of the validity of an agreement based on article 1320 of the Civil Code. Likewise, a sale and purchase agreement is considered valid according to law if it fulfills the 4 elements of the validity of an agreement

Keabsahan Smart Contract Dengan Teknologi Blockchain Menurut Kitab Undang-Undang Hukum Perdata Korintus Wilson Horas Hutapea; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.177

This article aims to find out the validity of the Civil Code smart contact. It is hoped that the results of this research can be used by parties, especially people who have started carrying out transaction and contract activities using blockchain technology in the form of smart contracts. This research method uses normative law, the use of legal materials includes primary and secondary legal materials, through data collection techniques in the form of literature studies. A conceptual approach and a statutory approach were used in this research. The data analysis technique used is a deductive data analysis technique using the syllogism method. The validity of an agreement is assessed based on an understanding of article 1313 and the main elements of the validity of an agreement based on article 1320 along with the principle of freedom of contract in article 1338 of the Civil Code. It is necessary to understand that smart contracts are required to fulfill the terms of the agreement in their implementation

Tanggung Jawab Hukum Aggregator Musik Terhadap Hak Cipta Musik Pencipta Lagu Muhammad Naufal Luthfi; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.180

This research aims to determine the position and role of music aggregators in the digital music industry and the legal liabilities of music aggregators towards the copyright of music creators. This is a normative legal research of a prescriptive nature with a statutory approach. The legal materials used are primary and secondary legal materials, through literature study, and the technical analysis of legal materials using syllogism with a deductive thinking pattern. Based on the research results and discussions, it can be seen that music aggregators have a position as partial copyright holders of music that has been entrusted to them and play a role as distributors and managers of music royalties that have been entrusted to them. Meanwhile, the legal liabilities of music aggregators as stipulated in the Copyright Law are the recording of licensing agreements, determination of royalties in accordance with prevailing industry practices and fairness, and other liabilities that arise along with licensing agreements.

Perlindungan Hukum Kekayaan Intelektual Komunal terhadap Obat Tradisional Jamu sebagai Pengetahuan Tradisional Nurul Fitriani; Adi Sulistiyono
Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora Vol. 1 No. 3 (2024): May : Aliansi: Jurnal Hukum, Pendidikan dan Sosial Humaniora
Publisher : Asosiasi Peneliti dan Pengajar Ilmu Hukum Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/aliansi.v1i3.226

The knowledge of medicine and treatment, also known as Jamu, is one of the most important areas of Traditional Knowledge. It is widespread among indigenous peoples and local communities, and is an integral part of the communal rights held by indigenous peoples. Almost all indigenous peoples have developed knowledge about plants for various purposes, especially for medicine. The use of biodiversity as an ingredient in medicinal herbs has been a common practice in Indonesia for centuries. The question that arises is whether the knowledge of Jamu has received adequate protection from the government againts the rights of indigenous peoples related to Traditional Knowledge. This is the focus of the author attention in this discussion. This research discusses the regulation of communal intellectual property in the legal framework used to protect the knowledge of traditional herbal medicine, and how the effectiveness of legal protection of communal intellectual property on traditional herbal medicine knowledge. The purposes of this study is to determine the legal protection of traditional knowledge and analyze the positive legal regulations. This research method used by researchers is the normative juridical approach method. The results of the research conducted by the author in this thesis can be concluded that Traditional Protection on Jamu needs to be protected in accordance with the concept of protection of Philipus M. Hadjon, namely by means of preventive protection and repressive protection.

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