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Elfrida Ratnawati Gultom
Magister Ilmu Hukum, Universitas Trisakti
Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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PEMBAHARUAN HUKUM TENTANG PENARIKKAN JAMINAN FIDUSIA YANG TIDAK SESUAI DENGAN UU NO.42 TAHUN 1999 Adinda Putri Elin; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1797

Abstract

Arrangements regarding fiduciary guarantees are contained in Law Number 42 of 1999. Fiduciary is a guarantee of trust in a relationship based on feelings between humans and other humans where they feel safe so they have the trust to give property as a place of debt. However, if circumstances state that the debtor has breached the contract, the creditor will execute or withdraw the fiduciary guarantee based on Article 15 of the Fiduciary Law, where the creditor has executorial power in unilaterally declaring a breach of contract against the debtor and then using the debt collector to withdraw the fiduciary guarantee. in withdrawing the guarantee, some debt collectors used violence. This is contrary to Article 28G paragraph (1) of the 1945 Constitution which explains that every person has the right to protection for itself, family, honor, dignity and property under ourselves control, and has the right to feel safe and protected from threats of fear to do or not doing something which is a human right The Constitutional Court issued a decision on review of laws and regulations, namely Law Number 42 of 1999 concerning Fiduciary Guarantees. First, in 2019, MK Decision No. 18/PUU-XVII/2019, then in 2021 No. 2/PUU-XIX/2021 in these two decisions there is no difference, only the same confirmation. The Constitutional Court's decision resulted in a statement of several phrases regarding Article 15 paragraph (2) and paragraph (3) of the Fiduciary Law, namely the first is the phrase “Parate Execution“ and "same as a court decision that has permanent legal force".
PENGARUH SISTEM HUKUM PERLINDUNGAN MEREK YANG ADA DI INDONESIA DENGAN NILAI EKONOMI MEREK Gufta Alvian Irsyada; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1882

Abstract

Trademark is a sign used in trade to differentiate goods and services on the market. Trademark have economic value which is indicated by how well the product with the trademark sells in the market. Trademark that sells well in the market have a good brand image. Trademark with a good brand image is prone to branding infringement practices therefore we need a legal system to protect the trademark form infringement practices. This makes the author interested in conducting research on the legal system that protects trademark and their effect on the economic value of trademark. The legal system that the writer wants to research is the legal system according to Friedman which consists of legal substance, legal structure and legal culture. The research method used by the author is a normative research method with secondary data. The secondary data are from primary legal sources, secondary legal sources and tertiary legal sources. The approach used is the statutory approach and the theoretical approach. Data is collected from literature study that will be used to describe the trademark protection legal system in Indonesia and its impact on the economic value of brands.Keywords: Economic value of trademark, Trademark Protection, Legal System.       
PENGAWASAN KEMITRAAN OLEH KPPU SEBAGAI UPAYA PENINGKATAN KESEJAHTERAAN UMKM Febriano Ramadhan; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1890

Abstract

Since the KPPU has carried out partnership supervision, what has happened in the field has not been in line with the expectations set forth in the spirit of establishing the a quo Law. In 2021 KPPU handled 15 cases of partnership supervision, 13 of which came from reports made by the community and the remaining 2 were initiatives from KPPU. This indicates that of the many ongoing partnerships in Indonesia there are still violations committed by large companies against their partners. This research uses a legal approach, which is a type of legal research that examines a legal approach as an approach to legislation and regulation, in this case related to Law No. 20 of 2008. The conceptual approach is the same. Based on reports submitted to KPPU, there are still many business actors who partner with other larger business actors experiencing problems. Based on the explanation above, it can be concluded that: In the development of the national economy, MSMEs play an important role behind it, so it is necessary to strengthen MSMEs in carrying out their partnership relations. KPPU is a state institution appointed through Law 20/2008 to carry out partnership supervision. It is the right institution to carry out partnership supervision because it has the capacity and experience to do this.Keywords: Supervision, KPPU, Welfare, UMKM. 
ANALISIS TINDAK PIDANA PENCUCIAN UANG DALAM PENGUNGKAPAN KASUS NARKOTIKA Dio Morrel Rae Sembiring Depari; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 2 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i4.1865

Abstract

This research was conducted with the aim of providing an overview of the analysis of money laundering crimes in disclosing narcotics cases. The research method used is qualitative research. The results of this study indicate that money laundering and narcotics crimes are closely related and cannot be separated. Because the crime of money laundering always begins with the disclosure of narcotics cases. Therefore synergy between law enforcers is needed, in order to create a good legal structure, legal culture, and legal substance.Keywords: law, narcotics, money laundering.
PENETAPAN PENGADILAN NIAGA TERHADAP PENGHAPUSAN HAK PATEN NON EXECUTABLE ATAS PUTUSAN NOMOR 44/PDT.SUS-PATEN/2020/PN.NIAGA.JKT.PST. Rizki Fauziah; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1813

Abstract

Penelitian ini membahas tentang studi kasus penghapusan suatu paten yang telah diberi paten berdasarkan putusan Pengadilan Niaga Jakarta Pusat namun eksekusinya tidak dapat dilakukan (non executable) karena terdapat kesalahan objek (error in object). Penelitian ini disusun dengan memakai metode penelitian hukum normatif yang berfokus kepada penelitian norma hukum di bidang paten khususnya Undang-Undang Paten. Adapun tujuan dari penelitian ini adalah untuk mengetahui dasar apa yang digunakan oleh hakim dalam penetapan putusan Pengadilan Niaga Jakarta Pusat Nomor 44/Pdt.Sus-Paten/2020/PN.Niaga.Jkt.Pst. yang menyebabkan tidak memiliki kekuatan eksekutorial (non executable) dengan mengkaji pertimbangan hakim dikaitkan dengan teori keadilan, teori kepastian hukum dan teori kemanfaatan.
TRANSFORMASI SISTEM KEAMANAN DATA MELALUI BIOMETRIK DI INDONESIA PERSPEKTIF TEKNOLOGI HUKUM Anjar Setiarma; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1799

Abstract

Technological advances have driven the growth of e-commerce in Indonesia, which has had an impact on the development of data security systems in the e-commerce sector, such as biometric technology which is the most practical mechanism for identifying and authenticating human individuals in a reliable and fast way through the unique characteristics of each individuals and has been used in many applications to identify humans using fingerprints, faces, iris patterns, facsimile signatures, facsimile signatures, fac Cases of crimes against personal data are still rife in Indonesia, indicating weaknesses in the country's data security framework. The study methodology employed is normative legal research utilizing secondary data, followed by an analytical approach and a deductive approach to legislation. The results of this study indicate that by type of biometric data can be divided into three types namely physical, physical, and behavioral. Legal technology that can be utilized in data security systems such as online dispute resolution features, board governance, cybersecurity, and data privacy compliance. In establishing the legal system, it is hoped that the government will not only focus on legal substance and legal structure, the government must elaborate on the legal culture by utilizing national biometric technology and legal technology in the data security system, thus the effectiveness and standardization of national personal data protection can be realized immediately.
REFORMASI HUKUM DIBIDANG KEKAYAAN INTELEKTUAL TERKAIT PENGATURAN PERCEPATAN LAYANAN PATEN SEDERHANA Andrewnov Marguratua; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1892

Abstract

The presence of Law Number 11 of 2020 concerning job creation has caused pros and cons among legal experts. This is caused by the presence of this law, both from a formal perspective and in its composition, which is considered to have several problems. From a substantial perspective, it still causes problems in realizing the goals of the law. One of the most interesting substantial changes in terms of substantial changes to the provisions of Law Number 13 of 2016 concerning patents after the enactment of the Job Creation Law and its implications for accelerating simple patent registration services for determining the value of novelty To examine this matter, a study will be carried out on the formulation of the problem, namely, how is the law reform carried out related to the acceleration of simple patent registration? The formulation of this problem will use a normative research method. As for the conclusion, it is (1). There are several changes regarding simple patents in the work copyright law: (2) The changes that have taken place include simplifying the process for granting simple patents (3). Whereas the changes made to the work copyright law were formed in the context of accelerating public services, Whereas the changes that have been made must also be followed by the renewal of lower operational regulations such as government regulations or ministerial regulations Keywords: Simple Patent; Legal Reform ; Job Creation Law    
PERLINDUNGAN HUKUM KORBAN KEJAHATAN TRANSNASIONAL TERORGANISASI DI INDONESIA (Legal Protection for Transnational Organized Crime Victims in Indonesia) Hably Robbaany; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1806

Abstract

Transnational organized crime has become a serious threat in the current global context, especially for the security and stability of countries around the world. Indonesia, which is located at the crossroads of maritime routes and has a diversity of cultures, has the potential to be significantly affected by transnational organized crime. Apart from causing harm to the state, this transnational organized crime also harms individuals, especially for the victims who are the targets. Therefore, one important aspect in dealing with this crime is legal protection for victims. This study aims to analyze the legal protection given to victims of transnational organized crime in Indonesia. Through a normative legal approach and policy analysis, this study identifies existing legal frameworks and analyzes their effectiveness in protecting transnational organized crime victims. This research recommends several steps to increase legal protection transnational organized crime victims in Indonesia.
BELA DIRI DALAM KASUS PEMBEGALAN BERMOTOR YANG MENYEBABKAN MATINYA PELAKU Ronal Nelson; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 1 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i4.1815

Abstract

We often hear about murder both social media and in print media, namely the journey of the Amaq Sinta case that killed two robbers, becoming a suspect until finally released. Criminal Law contains about having to be done and is also prohibited from causing a sanction such as punishment. The formulation of the problem of criminal acts that can be categorized as forced defense and How the application of Article 49 paragraph 2 is seen in the case in Indonesia.
PENGELOLAAN ROYALTI LAGU DAN MUSIK PADA PLATFORM DIGITAL Nizar Fikri; Elfrida Ratnawati Gultom
Ensiklopedia of Journal Vol 5, No 4 (2023): Vol. 5 No. 4 Edisi 3 Juli 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v5i3.1889

Abstract

Copyright in addition to having moral rights to its creators also has economic rights in the form of royalty. The rules of implementation of the Law Number 28 of 2014 on the Copyright are the Government Regulations No. 56 Year 2021 On the Management of Copyright of Songs and/or Music. The purpose of  this Government Regulation is to provide protection and legal certainty to the creators and to optimize the management function of royalty in accordance with the provisions of Articles 87, Articles 89 and 90 of the Copyright Act, it is necessary to from a system of management system of the copyright royalties of songs and/or music implemented by the Collective Management Institute (LMK) and the National Collegiate Management Institute. (LMKN). The purpose of LMKN is to become a one-door royalty management service. This paper analyzes the authority and tasks of LMK and LMKN in managing the royalties of music or songs used on digital platforms such as streaming apps. From the results of the research, it was concluded that there are two different agencies with different authority in the management of royalties, namely LMK and LMKN. One of the differences is that the LMKN has the authority to regulate and set values that will have a difference with the LMK so as to give more legal certainty about the duties and authority of the LMK and the LNKN.Keywords: Copyright, Authority, LMK, LMKN, Royalty, Digital Platform.
Co-Authors Adinda Putri Elin Andrewnov Marguratua Anjar Setiarma Dio Morrel Rae Sembiring Depari Febriano Ramadhan Gufta Alvian Irsyada Hably Robbaany Natasha Marcella Geovanny Nizar Fikri Rizki Fauziah Ronal Nelson Stevanus Rionaldo