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All Journal Jurnal Hukum tora: Hukum mengatur dan melindungi masyarakat Jurnal Hukum dan Keadilan
Tomson Situmeang
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Law, Crime, Criminology & Criminal Justice Social Sciences

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ANALISA YURIDIS SURROGATE MOTHER DARI ASPEK SAHNYA PERJANJIAN Tomson Situmeang
to-ra Vol. 3 No. 1 (2017): April
Publisher : Fakultas Hukum Universitas Kristen Indonesia

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Abstract

Humans are created in pairs for future descendants (grandchildren), but not all pairs of humans can have children/ offspring with various causes. It turns out to be overcome by In Vitro Fertilization, one of which is Surrogate Mother, which is a woman who is willing on the basis of an agreement to lease her uterus to contain the seeds of the spouses, give birth and give birth to a couple by receiving certain rewards. But it is hindered by the provisions of existing laws and applicable in Indonesia as well as contrary to decency. Kata Kunci: Sahnya Perjanjian, Surrogate Mother, Ibu Pengganti, Sewa Rahim
HAK ANGKET DPR VS KEBERADAAN KPK RI DALAM SISTEM KETATANEGARAAN INDONESIA Tomson Situmeang
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1153

Abstract

Abstract Indonesia is a country that is limited by the constitution, in accordance with the provisions of Article 1 paragraph (2) and (3) of the 1945 Constitution. What is carried out by the executive, legislative, and judicial institutions with different roles, functions and tasks that do not intervene with each other, but are interconnected and intersecting. For example, the DPR Questionnaire Rights to the KPK raises pros and cons, because there are those who think that the KPK cannot be submitted to a questionnaire, but there are those who think that the KPK can also be asked for a questionnaire by the DPR. Questionnaire rights are one of the rights owned by the DPR in carrying out the supervisory function by conducting an investigation of the implementation of a law and/or government policy relating to important, strategic, and broad impacts on the life of the community, nation and state that are allegedly contradictory with the law. KPK is a state institution formed based on the Law so that it is an Organ of Law, but that does not mean that the state institution has no legal or unconstitutional position. KPK is not explicitly mentioned in the 1945 Constitution, but both have constitutional importance in the constitutional system, and even the Constitutional Court states that the term state institution is not always mentioned in the 1945 Constitution, but also formed on the basis of orders from regulations under the constitution. Thus the existence of the KPK as an institution tasked with eradicating corruption is not outside the constitutional system, but instead is placed constitutionally and acknowledged its existence in the constitutional system as one of the state institutions. Keywords: DPR, Hak Angket, KPK
LEGALISASI PENCABUTAN HAK POLITIK TERPIDANA TINDAK PIDANA KORUPSI UNTUK SELAMANYA Tomson Situmeang
to-ra Vol. 3 No. 2 (2017): Agustus
Publisher : Fakultas Hukum Universitas Kristen Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33541/tora.v3i2.1158

Abstract

Abstract The country will progress if it successfully carries out the development of 2 (two) main factors, namely: “natural resources” and “human resources”. Indonesia, with its abundant natural resources, is not even among the 10 (ten) highest income countries in Asia. This is due to the corrupt behavior of officials (state) in Indonesia by abusing the position or position obtained, one of them through the political process. Such people are no longer fit to return to political office, so their political rights must be revoked. Revocation of political rights is indeed accepted and recognized in Indonesian law, namely in the provisions of Article 28J of the 1945 Constitution and Article 73 of the Human Rights Law which mandates limitations to the provisions of the law. In addition, there are provisions in Article 10 of the Criminal Code jo. Article 35 of the Criminal Code jo. Article 38 of the Criminal Code jo. Article 18 Corruption Law can be carried out by a judge’s decision. Therefore, revocation of the political rights of convicts of criminal acts of corruption can be done forever, provided that they are stipulated in the provisions of the law by including corruption in the category of disgraceful acts. Keywords: pencabutan hak politik, tindak pidana korupsi, perbuatan tercela
Synergy of Trademark Protection and Consumer Rights: A Legal Analysis on the Prevention of Product Counterfeiting Hulman Panjaitan; Andrew Bethlen; Paltiada Saragi; Tomson Situmeang
Jurnal Hukum dan Keadilan Vol. 2 No. 5 (2025): JHK-August
Publisher : PT. Hafasy Dwi Nawasena

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.61942/jhk.v2i5.420

Abstract

:  This study examines legal protection for consumers in cases of product counterfeiting through the perspectives of consumer protection law and trademark law. The phenomenon of product counterfeiting is increasingly prevalent in Indonesia, causing harm not only to original producers but also endangering consumers as the most vulnerable party. This research employs a normative juridical method with a statute approach and a conceptual approach. Data sources consist of primary legal materials in the form of relevant laws and regulations, as well as secondary legal materials such as literature, journals, and expert opinions. The analysis is conducted qualitatively, emphasizing legal interpretation of applicable norms. The findings indicate that consumers are highly vulnerable in cases of product counterfeiting due to limited access to information, knowledge asymmetry, and the difficulty of distinguishing between genuine and counterfeit products. Legal protection can be pursued through two pathways: prevention and enforcement. Preventive legal strategies include strengthening regulations, integrated supervision, and consumer education. Meanwhile, enforcement is carried out through both criminal and civil legal actions against counterfeiters. Furthermore, the synergy between trademark protection and consumer protection serves as a crucial pillar in preventing counterfeiting practices, as both complement each other in ensuring justice, legal certainty, and utility. This study underscores the importance of the involvement of all stakeholders government, producers, consumers, and law enforcement authorities in establishing a layered protection system. Thus, the ultimate goal of consumer protection is not only to provide legal certainty but also to foster a fair and healthy trading environment.
Co-Authors Andrew Bethlen Hulman Panjaitan Paltiada Saragi