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Journal : Syntax Literate: Jurnal Ilmiah Indonesia

 1 
Penyelesaian Sengketa Penggunaan Nama Ormas yang Sama Melalui Pendekatan Yuridis Amirullah; Umar Aris; Papang Sapari
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i9.13549

Abstract

Community organizations are a means to channel opinions and thoughts for community members, and have a very important role in increasing active community participation in order to realize a life of society, nation, and state that is relevant to a society that is, devout, intelligent, just and prosperous. In the form of today's community order that is no longer "strict" in the pattern of hierarchical relations, among others, by strengthening the autonomy of government management, strengthening community independence. In practice in the field, there is the same name of the CSO, namely (Forkabi) whose dispute is resolved by the Jakarta PTUN Number: 168 / G / 2021 / PTUN. JKT. The research method used is the normative juridical method, which is research that prioritizes literature data, namely research on secondary data. The secondary data can be primary, secondary or tertiary legal material. This research includes research on positive legal provisions in force in Indonesia relating to dispute resolution using the same community organization name. Based on the results of the study, the author concludes that the dispute resolution mechanism for using the same name of CSOs is through the Court, in this case the State Administrative Court which is authorized to resolve disputes over the use of the name of the legal entity of the association where there are similarities in essence between one association and another, to ascertain whether there are similarities in the name of one association with the name of another association. What is meant by "similarity in essence" is the similarity caused by the presence of dominant elements between one Brand and another Brand so as to give the impression of similarity, both regarding the form, way of placement, way of writing or combination between elements, as well as the similarity of speech sounds, contained in the Brand.
Pertanggungjawaban Pidana terhadap Pelaku Tindak Pidana yang Diancam dengan Pasal 112 Ayat (1) Undang-Undang Nomor 35 Tahun 2009 tentang Narkotika Ikhwanul Dawam Sulawijaya; Papang Sapari; Gindo L Tobing
Syntax Literate Jurnal Ilmiah Indonesia
Publisher : Syntax Corporation

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.36418/syntax-literate.v8i9.13679

Abstract

A more crucial problem which is also the main topic of discussion in this research is the provisions of other articles whose impact may be to close the opportunity for medical rehabilitation for narcotics addicts and abusers, namely the provisions in Article 112 paragraph (1) of Law no. 35 of 2009. Example of the case of Central Jakarta District Court Decision Number 51/Pid.Sus/2022/PN Jkt.Pst, related to Article 112 paragraph (1). The research method used is the normative juridical method, namely research that prioritizes library data, namely research on secondary data. This secondary data can be in the form of primary, secondary or tertiary legal materials. This research includes research regarding the positive legal provisions in force in Indonesia relating to criminal liability for perpetrators of criminal acts which are threatened with Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics. Based on the research results, the author concludes that the rationale for the establishment of Article 112 paragraph (1) of Law Number 35 of 2009 concerning Narcotics, is not a denial of the principle of legality) in principle it is to realize justice for the defendant and the community. And if there is a conflict between justice and law enforcement, then the sense of justice must take priority. Meanwhile, the problems that arise from Article 112 paragraph (1) of Law Number 35 of 2009 include: a) It can criminalize drug addicts and abusers who should be given the right to rehabilitation. What is meant here is the vulnerability of this article being used to criminalize people who are not actually involved in criminal acts but whose cases are fabricated as if they were carrying or controlling narcotics.
Co-Authors Amirullah Delia Permata Sari Gindo L Tobing Ikhwanul Dawam Sulawijaya Risma Florida Suriyanto Suriyanto Tantri Kartika Umar Aris