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Syuryani Syuryani
Fakultas Hukum, Universitas Muhammadiyah Sumatera Barat
Arts Humanities Computer Science & IT Law, Crime, Criminology & Criminal Justice Social Sciences

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FAKTOR YANG MENYEBABKAN DIKABULKANNYA GUGATAN CLASS ACTION TERHADAP PERBUATAN MELAWAN HUKUM OLEH PEMERINTAH KOTA PAYAKUMBUH DALAM KERUGIAN TEMPAT PEMBUANGAN AKHIR (TPA) Ade Wahyuni; Benny Rusli; Syuryani Syuryani
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1913

Abstract

It is true that for every aspect of negligence committed by a legal subject which then harms other legal subjects and impacts the environment, it is clear that there must be concrete action to obtain this justice. The strategy used by this community uses a class action lawsuit strategy and can produce very satisfying results. The nature of the research used is descriptive, namely research that aims to provide data that is as precise as possible about the circumstances that are the object of research. Then the problem approach used is a sociological juridical approach, namely by searching for data by interviewing informants. Sources of data and legal materials used are secondary data, namely data obtained through interviews with several related parties and also includes books, supporting literature on the subject matter discussed and statutory regulations. The results of this study are the legal consequences in the lawsuit of compensation from the defendant to the plaintiff and the winning factor is the class action strategy to win the dispute.
FAKTOR-FAKTOR PENOLAKAN MEREK COKLAT CHACHA OLEH KEMENKUMHAM BERDASARKAN UNDANG-UNDANG NOMOR 20 TAHUN 2016 Arif Rahman; Syuryani Syuryani; Jasman Nazar
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 1 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1915

Abstract

The author conducted this research motivated by the author's curiosity about the factors of rejection of the chacha chocolate brand by the Ministry of Law and Human Rights based on law number 20 of 2016. This research is a type of normative juridical legal research that is descriptive in nature. The types of data used are primary data and secondary data. The data sources used are primary data sources and secondary data sources. The data collection technique used was literature study, in which case the library materials used were books, laws and regulations and law magazines. Based on the results of the research and analysis obtained, it can be concluded that the settlement of the case against the rejection of the chacha brand by the Ministry of Law and Human Rights is to reject the Delfi chacha brand because it has similarities in principle to the chacha brand that was circulating in 2012. It was also stated that Delfi chacha could not prove the argument for the lawsuit if the brand was a common word both from witnesses and experts. And this is the reason why Delfi Chacha does not get legal protection because his brand has similarities in principle to other parties' brands and there is no element of difference.
EKSEKUSI SENGKETA PERDATA YANG TELAH BERKEKUATAN HUKUM TETAP (INKRACHT VAN GEWIJSDE) PADA PENGADILAN NEGERI PAYAKUMBUH Rika Yeni Martasari; Syuryani Syuryani
Ensiklopedia of Journal Vol 6, No 1 (2023): Vol. 6 No. 1 Edisi 2 Oktober 2023
Publisher : Lembaga Penelitian dan Penerbitan Hasil Penelitian Ensiklopedia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33559/eoj.v6i1.1996

Abstract

Execution can be said to be the process or effort to implement a court decision that has permanent legal force, also known as res judicata or inkracht van gewijsde. Decisions that have permanent legal force are District Court decisions that are accepted by both parties to the dispute, settlement decisions, verstek decisions against which no verzet or appeal has been filed; decision of the High Court which was accepted by both parties and no cassation was requested; and the decision of the Supreme Court in terms of cassation. This study aims to find out how the execution is carried out and the problems encountered in executing civil disputes that have permanent legal force (inkracht van gewijsde) at the Payakumbuh District Court. This study used a sociological juridical (empirical) method using primary data and secondary data as the data source. From the results of the study it was found that there were still applications for the execution of civil disputes that were in arrears for quite a long time in the data register for requests for execution at the Payakumbuh District Court. These problems arose due to several factors, including the entry of civil cases of rebuttal or judicial review efforts to restrain the execution and the inability of the applicant for execution to deposit the execution down payment.
Co-Authors Ade Wahyuni Arif Rahman Benny Rusli Jasman Nazar Rika Yeni Martasari