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All Journal Jurnal Ilmiah Hukum LEGALITY Jurnal Justitia : Jurnal Ilmu Hukum dan Humaniora Pena Justisia: Media Komunikasi dan Kajian Hukum Hukum Responsif : Jurnal Ilmiah Fakultas Hukum Universitas Swadaya Gunung Jati Cirebon Jurnal Ilmiah Wahana Pendidikan RIO LAW JURNAL COURT REVIEW: Jurnal Penelitian Hukum Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance POLICY, LAW, NOTARY AND REGULATORY ISSUES (POLRI) SENTRI: Jurnal Riset Ilmiah Jurnal Hukum Indonesia Journal of Constitutional Law Society (JCLS) JATIMAS : Jurnal Pertanian dan Pengabdian Masyarakat Law and Economics Journal of Law and Social Politics Civilia: Jurnal Kajian Hukum dan Pendidikan Kewarganegaraan Jurnal Asosiasi Pengajar Hukum Tata Negara Hukum Administrasi Negara
Cornelis, Vieta Imelda
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Religion Aerospace Engineering Agriculture, Biological Sciences & Forestry Humanities Computer Science & IT Decision Sciences, Operations Research & Management Economics, Econometrics & Finance Education Environmental Science Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Library & Information Science Social Sciences Other

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Journal : Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance

 1 
PENGATURAN HUKUM PENANGANAN ILLEGAL FISHING DI WILAYAH YURIDIKSI INDONESIA Herdiman, Herdiman; Sidarta, Dudi Djaja; Cornelis, Vieta Imelda; Soekorini, Noenik; Mannulusi, Andik
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.535

Abstract

This research analyzes the national legal policy in dealing with illegal fishing in Indonesian jurisdiction, particularly through the sinking of perpetrator vessels in accordance with the perspective of national and conventional law. Illegal fishing is an offense that not only harms the country's economy but also has a significant impact on the marine ecosystem. This research uses a descriptive-qualitative method with a normative legal approach to evaluate the effectiveness of the Ministry of Maritime Affairs and Fisheries' (MMAF) ship sinking policy. The results show that this policy, although controversial, has a strong legal basis, both in the Fisheries Law and the 1982 Convention on the Law of the Sea (UNCLOS). In addition, this policy is proven to reduce the number of illegal fishing cases in a certain period. This research also highlights the importance of preventive efforts and international diplomacy in reducing cross-border violations, so that this policy can run more effectively and sustainably. Strict law enforcement but still respecting the principle of justice is the main key to protecting Indonesia's marine resources. Keywords : Illegal Fishing, Ocean Sovereignty, Legal Policy, UNCLOS, Ship Sinking
PERLINDUNGAN HUKUM TERHADAP PEMUSNAHAN BARANG PRIBADI MILIK TERDAKWA BERUPA MATA UANG ASING (STUDI PUTUSAN NOMOR: 2804/PID.B/2022/PN.SBY) Ardiansyah, Rizal Firman; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 1 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i1.570

Abstract

Destruction of evidence usually occurs in drug cases such as narcotics, illegal drugs, traditional medicines without distribution permits, alcoholic drinks, and sharp weapons whose ingredients are very dangerous to the public. Legal findings which constitute injustice in the decision given to the defendant in the form of confiscation of assets. individuals in the form of foreign currency denominations that will be destroyed, which basically means the destruction of foreign currency denominations, and there is no legal product that regulates this matter. This research was designed using doctrinal legal research or normative law which analyzes library sources and secondary data. Includes legal approaches, conceptual approaches, and case study approaches which are useful for identifying legal products, legal principles, and legal concepts as the basis for answers to the legal problems faced. The findings of this research are that the judge issued a decision/decision against the defendant by only looking at it from a normative perspective without involving a sense of justice and applicable legal values. Therefore, the legal protection that can be carried out by the defendant and his legal representatives is appeal and cassation. So that the defendant's rights to his personal property can be restored.
PERLINDUNGAN TINDAK PIDANA PENYALAHGUNAAN NARKOTIKA OLEH ANGGOTA KEPOLISIAN (Studi Kasus Nomor: 50/PID/2022/PT.TJK) Ubayidillah, Moch. Rafli; Borman, Syahrul; Aribawa, Muhammad Yustino; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.730

Abstract

Drug abuse in Indonesia is a serious problem that not only affects public health but also threatens the legitimacy of law enforcement institutions. Cases involving members of the Indonesian National Police (Polri) who have been caught using narcotics are ironic because the very officials who are supposed to be at the forefront of eradication efforts have instead become perpetrators. The urgency of this study lies in the lack of research highlighting the integration of criminal and administrative accountability for Polri officials who commit narcotics crimes. The main questions asked are what forms of criminal and administrative accountability are imposed on members of the Indonesian National Police in cases of drug abuse, and to what extent are legal norms implemented consistently. This study uses a normative legal research design with a qualitative approach. Data was obtained through a literature study by examining primary legal materials in the form of laws and court decisions, as well as secondary legal materials in the form of literature and scientific journals. The analysis was conducted normatively and qualitatively using a legislative and case approach, supported by Satjipto Rahardjo's progressive legal theory and white collar crime theory. The results of the study show a discrepancy between legal norms and practice. The verdict against Tito Satria Perdana bin Supraptono only imposed criminal sanctions, without clarity on the administrative sanctions that should have been applied based on Government Regulation No. 2 of 2003. These findings reveal weak internal supervision within the Indonesian National Police, potential impunity, and declining public trust. In conclusion, narcotics abuse by Polri officers cannot be viewed solely as an individual violation, but rather as an institutional symptom that requires regulatory reform, strengthened supervision, and transparency. Further research is recommended to explore the role of external supervisory institutions in ensuring the accountability of law enforcement officials.
PENYELESAIAN SENGKETA MEREK “MARLIN” ANTARA ASTRA HONDA MOTOR (AHM) DAN TREK BICYCLE CORPORATION (STUDI KASUS PUTUSAN KASASI NO. 396 K/PDT.SUS/HKI/MEREK/2024) Tamaroh, Awik; Borman, Syahrul; Aribawa, Muhammad Yustino; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 5 No. 3 (2025): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v5i3.733

Abstract

Cross-border trademark disputes are becoming increasingly complex with the rise of trade globalisation and the harmonisation of international legal standards. One notable case is the ‘Marlin’ trademark dispute between Astra Honda Motor (AHM) and Trek Bicycle Corporation, which was decided by the Supreme Court in Case No. 396 K/Pdt.Sus/HKI/Merek/2024. This dispute reflects legal issues regarding trademark registration based on the first-to-file principle, which conflicts with the principle of actual use (use requirement). This research is important to evaluate the implementation of Law No. 20 of 2016 concerning Trademarks and Geographical Indications, as well as to analyse the ratio decidendi of the judges in deciding the case. The main questions raised are how the trademark law provisions were applied in this case and how the judges' considerations formed a precedent in trademark legal protection. The research method used was normative juridical with a case approach. Data were obtained through a literature study of laws and regulations, court decisions, doctrines, and related scientific literature. The analysis was conducted descriptively and analytically by linking the applicable legal norms with the legal facts from the court decisions. The results of the study show that the Commercial Court rejected Trek Bicycle Corporation's lawsuit on formal grounds, while the Supreme Court accepted the lawsuit based on Article 74 of Law No. 20 of 2016, which stipulates that trademarks that have not been used for three consecutive years can be revoked. This decision affirms the principle of actual use as a condition for legal protection of trademarks while strengthening the position of the aggrieved party. The conclusion of this study states that the ratio decidendi of the judges in the ‘Marlin’ case contributed significantly to the development of the doctrine of trademark protection in Indonesia. The implications not only strengthen legal certainty but also encourage healthy business competition and harmonisation with international legal standards. Further research is recommended to explore the effectiveness of trademark cancellation in the context of comparative law across various jurisdictions.
TINJAUAN YURIDIS TERHADAP PUTUSAN TINDAK PIDANA PENIPUAN ONLINE TERHADAP LOWONGAN KERJA: Studi Kasus No. Perkara 1470/pid.B/2022/PN Sby Dirman, Martianus; Cornelis, Vieta Imelda
Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance Vol. 3 No. 3 (2023): Bureaucracy Journal : Indonesia Journal of Law and Social-Political Governance
Publisher : Gapenas Publisher

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53363/bureau.v3i3.351

Abstract

The rise of online fraud has now entered an alarming level. To solve this problem, it is necessary to know what are the factors that cause criminal acts of fraud and the efforts made by law enforcement officials in tackling criminal acts of fraud. This research method is Normative Juridical by using secondary and primary data. Factors causing the occurrence of Fraud are influenced by economic, environmental, socio-cultural factors, the ease of committing online fraud crimes, the minimal risk of being caught by the authorities. To prevent crime, preventive measures can be taken, namely carrying out counseling activities, increasing supervision of product sales, and providing appeals through the media. In addition, repressive efforts can be made in the form of prosecution efforts and the application of punishment for perpetrators as well as coaching efforts by correctional institutions. Other efforts that buyers can make are choosing a clear website, looking at pictures and prices carefully, paying attention to payment methods
Co-Authors Amauri, Varies Anam, Hoiril Anderson, Kevin Andik Mannulusi Ardiansyah, Rizal Firman Aribawa, Muhammad Yustino Augustinah, fedianty Bachtiar Borman, M. Syahrul Borman, Syahrul Dayana, Puspita Sandra Dirgantoro, Balok Dirman, Martianus Fathul Hamdani Fritz Edward Siregar Handayati, Nur Harianto, Deddik Hartoyo Hartoyo Herdiman, Herdiman Idrina, Mustika Indra , Silvester Novalino Kaewhanam, Phimlikid Koerniawan, Joenus Lazuardi, Irwan Mannulusi, Andik Mintarum, Ahadin Mulyosudarmo, Suviana Suwoto Munasir, Aco Ardi Andi P, Siti Marwiyah Putri, Yustiti Krisna Eka Rangga, Aldeo Zidane Rizal, Moh Saputri, Dita Ayu Sholichah, Sayidati Sidarta, Dudi Djaja Siti Marwiyah Soekorini, Noenik SRI ASTUTIK Susanto, Wahyu Sutopo Sutopo Tamaroh, Awik Thoif, Mokh. Ubayidillah, Moch. Rafli Wahyu Prawesthi, Wahyu Wahyudi, Mohammad Arif Walujo, Christian Rico