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All Journal MATICS : Jurnal Ilmu Komputer dan Teknologi Informasi (Journal of Computer Science and Information Technology) Jurnal Teknologi Informasi dan Ilmu Komputer Jurnal Akta Indonesian Journal of Artificial Intelligence and Data Mining Al-Jinayah: Jurnal Hukum Pidana Islam JURNAL CENDEKIA HUKUM Halu Oleo Law Review Nagari Law Review JSiI (Jurnal Sistem Informasi) Legal Standing : Jurnal Ilmu Hukum Unes Law Review INTEK: Jurnal Penelitian Systemic: Information System and Informatics Journal Jurnal EDUCATIO: Jurnal Pendidikan Indonesia Pagaruyuang Law Journal Santhet: (Jurnal Sejarah, Pendidikan Dan Humaniora) Jurnal Teknologi Dan Sistem Informasi Bisnis MUKADIMAH: Jurnal Pendidikan, Sejarah, dan Ilmu-ilmu Sosial JATI (Jurnal Mahasiswa Teknik Informatika) LEGAL BRIEF Jurnal Hukum Lex Generalis Law Development Journal Tameh : Journal of Civil Engineering Edu Society: Jurnal Pendidikan, Ilmu Sosial dan Pengabdian Kepada Masyarakat Jurnal Ilmu Hukum, Humaniora dan Politik (JIHHP) Jurnal Teknik Mesin Sinergi Journal of Law, Poliitic and Humanities Cessie : Jurnal Ilmiah Hukum Riwayat: Educational Journal of History and Humanities IIJSE Nomos : Jurnal Penelitian Ilmu Hukum Jurnal Mediasas : Media Ilmu Syari'ah dan Ahwal Al-Syakhsiyyah Hakamain: Journal of Sharia and Law Studies Jurnal Manajemen Informatika, Sistem Informasi dan Teknologi Komputer (JUMISTIK) Jurnal TAM (Technology Acceptance Model) Lex Stricta : Jurnal Ilmu Hukum
Khalid
Universitas Islam Negeri Sumatera Utara
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Journal : Law Development Journal

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Handling of IPR Violations at the Regional Office of the Ministry of Law and Human Rights of North Sumatra Lubis, Tiva Novianti; Khalid, Khalid
Law Development Journal Vol 5, No 3 (2023): September 2023
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.5.3.301-314

Abstract

Indonesia is the country with the largest population in the world. Of course, there are many cases and violations that occur, one of which is related to intellectual property, where everyone who creates a work certainly has the right to his work if it is registered. However, until now there are still many intellectual property owners who forget or even do not register their work. This is a major factor in the occurrence of intellectual property violations in Indonesia, especially due to the lack of understanding of the importance of registering intellectual property. This is what then attracts the author's attention to be able to examine and learn more about how the handling of IPR violations within the Regional Office of the Ministry of Law and Human Rights of North Sumatra. This research uses normative-empirical research methods using two approaches, namely the statute approach and the case approach. The conclusion obtained is that the law enforcement efforts carried out by the Regional Office of the Ministry of Law and Human Rights of North Sumatra are by conducting cooperation activities in the form of seminars, socialisation, and visits to every region in North Sumatra, in order to provide guarantees of legal certainty for owners of Intellectual Property Rights (IPR) and provide supervision of potential intellectual property violations in each region of North Sumatra.
Return of Sinamot Money from the Perspective of Al'adatu Muhakkamah (Analysis of the Decision of the Padangsidimpuan City Religious Court Number 129/Pdt.G/2015/PA.Psk) Baskoro, Bayu; Fatimah, Fatimah; Khalid, Khalid
Law Development Journal Vol 6, No 1 (2024): March 2024
Publisher : Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/ldj.6.1.1-17

Abstract

This paper is a study on the return of sinamot money in the decision of the Religious Court by examining based on the perspective of the fiqh rule Al'adatu Muhakkamah, which examines the reality that the lawsuit for the return of sinamot money submitted to the Padangsidimpuan City Religious Court, by the Panel of Judges was partially returned, with considerations that contain justice, certainty and legal benefits and cannot be separated from the consideration that custom is the law "al-adatu muhakkamah". Marriage dowry in Mandailing and Batak customs is generally known as Sinamot/Tuhor, referred to as Sinamot or Marhata Sinamot because it is a sale and purchase between the male party (paranak) and the female party (parboru) or it can also be said to be a dowry. Marhata Sinamot is one of the traditional events at the wedding and aims to explore the extent of the burden that can be shouldered by both parties, namely the male and female parties, so that the marriage can be carried out. In the Compilation of Islamic Law, Article 1 letter d states that dowry is a gift from the prospective groom to the prospective bride, whether in the form of goods, money or services that are not contrary to Islamic law, in line with this in chapter V of the Compilation of Islamic Law from Article 30 to Article 38 all discuss dowry with the provision that the dowry belongs to the wife after being given by the husband, but interestingly Article 35 paragraph 1 regulates that a husband who divorces his wife qobla al dukhul is obliged to pay half the dowry determined in the marriage contract. However, the reality in the decision of case 129/Pdt.G/2015/PA.Psk in the case of a divorce suit with a counterclaim for a full return of the dowry, but the Panel of Judges partially granted it with the consideration that after the marriage the Plaintiff and the Defendant had never had conjugal relations and the Plaintiff's status was still a girl, so the judge did istinbath law using the qiyas method of Article 35 paragraph (1) of the Compilation of Islamic Law for the case of a divorce suit. In addition, the judge's consideration also prioritizes customary law in the Mandailing indigenous community. In the customs of the mandailing community, if the marriage does not take place but the sinamot money has been given, and the cause is from the prospective husband, the sinamot money is considered forfeited, but if the cause is from the woman, she is obliged to return the sinamot money in full or larger. The decision of the Religious Court has provided justice, certainty, and legal benefits for the parties by deciding to grant in part, because part of the sinamot money has been used for the benefit of the party. with this decision, it is very wrong to say that customary law and positive law intersect, because in various conditions customary law and positive law work hand in hand to realize legal objectives in the frame of court decisions. Exploring the law that lives in the midst of the community where the parties are litigating is important, considering that society and custom are two things that cannot be separated. Society has lived with customary law even long before positive law existed, so the correlation between the two is a requirement for a quality decision from the perspective of sociological considerations. This research is expected to be an academic study among legal practitioners and academics, that customary law, positive law and Islamic law can work together to realize legal goals.
Co-Authors Adam Malik, Mohammad Ahmad Yusuf Akbar, Muhammad Faris Akmaluddin Syahputra Alfanzar, Alif Iffan Alim, Ahmad Amin, Faris Muslihul Amirul Mukhtar, Ahmad Wildan Armaini, Elza Azmi, Muhammad Nurul Azzahra, Destia Baskoro, Bayu Bintang, Ahdian Syahputra Chansa Damanik, Syabrina Yolanda Damanik, Irfan Mauliandi Dini, Aliefya Dwi Rolliawati Eriska , Reda Fahri, Sutan Farhan Akbar, Muhammad fatimah Fatimah Fatimah Zahara Hadi Firmansyah, Ryan Hafif Pasaribu, Kurniawan Hakim Harahap, Akmal Harahap, Aulia Khairani Harahap, Syakirah Alda Hasibuan, Wahyu Ardiansyah Indri Sudanawati Rozas Izzah, Khoirul Izzuddin, Andik Khairunnisa Khairunnisa khoirinnisa', nurul Khunaefi, Anang Lestari, Intan Mustika Lubis, Rifkha Azqiyah Lubis, Tiva Novianti Matondang, Maulidya Mora Moch Arif Bijaksana Mohammad Fauzi Muhammad Amar Adly, Muhammad Amar Mujib Ridwan Munawir1,, Munawir Mushlihul Amin, Faris Nasution, Inez Echa Aurel Nasution, Khairani Fitriah Nawar, Royyandana Ramadani Niken Niken Pratama, Dhendy Setiawan Pratama, Muhammad Hisyam Purba, Gita Rahmayani Putra, MZidane Andhika Putri, Gustina Tri Lestari Rambe, Dewiyanti Rambe, Noni Reza, M Fahmi Rifki Wijaya Roliawati, Dwi Rolliawati, Dwi Rosyadi, Muhammad Zaidan Sabrina, Sarah Salam, Fadil Muhammad Sani, Muhammad Saragih, Chantika Andini Siregar, Rahmat Insani Sopian sopian Sriwindari, Henny Suti, Muhammad Zulfikri Syaharuddin Rasyid Syahputra, Akmaluddin Tabita, Kanaya Ulumiyyah, Ikrimatul Uswat Hasnan, A. Wahyudi, Noor Yunita Ardilla Zuhri, Rasyid Ahmad