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All Journal International Journal of Business, Law, and Education IBLAM Law Review
Habib, Yahya Abdul
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Economics, Econometrics & Finance Education Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice Neuroscience Social Sciences Other

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PENYELESAIAN DAN SANKSI ATAS TINDAK PIDANA KONSUMEN TERHADAP KEJAHATAN PELAKU USAHA Habib, Yahya Abdul; Gilalo, Jacobus Jopie
IBLAM LAW REVIEW Vol. 4 No. 2 (2024): IBLAM LAW REVIEW
Publisher : Lembaga Penelitian dan Pengabdian Kepada Masyarakat (LPPM IBLAM)

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.52249/ilr.v4i2.446

Abstract

Untuk melindungi konsumen, penyelesaian sengketa dengan pelaku usaha dapat dilakukan melalui penyelesaian litigasi dan non-litigasi, dari dua opsi penyelesaian yang tersedia, pendekatan pengadilan juga dikenal sebagai litigasi adalah yang paling sesuai dan menguntungkan bagi konsumen. Ini karena penyelesaian sengketa melalui pengadilan adalah metode yang paling sering digunakan untuk menyelesaikan sengketa, baik publik maupun privat. Jika ada laporan bahwa pelaku usaha melakukan tindak pidana konsumen, pelapor dapat mengadukan atau melaporkan terlapor kepada pihak kepolisian, menurut Pasal 8 ayat (1) huruf a dan c Undang-Undang Nomor 8 Tahun 1999 tentang Perlindungan Konsumen. Selain itu, pelaku usaha atau terlapor dapat mengadukan dan melaporkan tindak pidana yang terkait dengan perlindungan konsumen, seperti tindak pidana perdagangan (Undang-Undang Nomor 7 Tahun 2014 tentang Perdagangan) dan standarisasi dan penilaian kesesuaian (Undang-Undang Nomor 20 Tahun 2014 tentang Standarisasi dan Penilaian Kesesuaian) sedangkan sanksi hukum yang dapat diberikan kepada pelaku usaha atau terlapor adalah sanksi administratif
The Role of Mediators in Assisting in Settlement Civil Cases in Court Habib, Yahya Abdul; Supriyatna, Dadang
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.739

Abstract

The implementation of Mediation is regulated in Supreme Court Regulation Number 1 of 2016 concerning Mediation Procedures and has been carried out in accordance with applicable provisions starting from the pre-mediation stages, the mediation process, mediation reaching an agreement, mediation not reaching an agreement, and the end of the mediation. The mediator has a role as a neutral party who can perform a role according to his capacity with a number of skills, which are obtained from education, training and experience in resolving conflicts or disputes. Meanwhile, its function is to improve various communication weaknesses between the parties which usually have obstacles and psychological barriers, as well as encouraging the creation of a conducive atmosphere for starting negotiations, providing insight into the process and substance of ongoing negotiations, clarifying substantial issues and respective interests. each of the parties. The obstacle found in the mediation process was that the parties felt that their legal interests were not being met, as a result there was no meeting of mind and agreement to resolve the problem based on the principle of a win-win solution. The solution to overcome obstacles in mediation is Article 13 paragraph (1) PERMA No.1 In 2016, basically a Mediator is a person who is not a Judge who has received and obtained a Mediator certificate from an institution that has been accredited by the Supreme Court, however there are exceptions to this article which in the previous regulations,  namely PERMA No. 1 of 2008 Article 5 paragraph (2) is also regulated, which provides leeway if in a judicial environment there is no certified Mediator, then the Judge who is in that judicial environment based on the decision of the Chief of Court can become a Mediator
Legal Protection of Registered Marks given Law Number 20 of 2016 concerning Brands and Geographical Indications Habib, Yahya Abdul; Nurwati, Nurwati
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.754

Abstract

This research examines the legal protection of registered trademarks based on Law Number 20 of 2016 and handles registered trademark disputes in legal protection initiatives. Even though this research is descriptive and analytical, the author uses normative legal techniques. Article 35 of Law Number 20 of 2016 states that brand protection only applies to registered marks. Ten (10) years are allowed to protect a registered trademark upon receipt, and this period may be extended. The purpose of protecting a registered trademark is to give the owner of the trademark exclusive (special) rights and specific legal remedies that he can take. If there is substantial similarity or malicious intent behind the trademark issue,
Legal Protection Of Indonesian Migrant Workers In Malaysia From The International Labor Organization (ILO) Perspective Habib, Yahya Abdul; Roestamy, Martin; Suhartini, Endeh
International Journal of Business, Law, and Education Vol. 5 No. 2 (2024): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v5i2.956

Abstract

Work is the need for everyone to meet the needs of life for themselves and their families. Indonesian migrant workers have high hopes for improving their lives to achieve the welfare of themselves and their families, one of which is by working in Malaysia. This study uses an empirical juridical method with direct interview and observation methods in Malaysia and related parties to obtain accurate data. Some conditions and problems occur for Indonesian migrant workers working in Malaysia. In working in Malaysia as an Indonesian Migrant Worker, you must go through stages according to the provisions of the Law, and if violated, there are strict sanctions. The UN agency that handles Manpower issues, or the ILO, must provide strict supervision and guidance for Legal Protection and Legal Certainty for everyone who works abroad. Good coordination between the Central and Regional Governments, especially in Indonesia, is essential so that cases against Indonesian Migrant Workers can be appropriately handled.
Social Justice Theory in Indonesia Reviewed from the Philosophy of Law Habib, Yahya Abdul; Gilalo, Jacobus Jopie
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.995

Abstract

Social justice theory occupies an important position in forming and implementing legal policies in Indonesia. This concept underscores the importance of equitable distribution of resources, opportunities, and legal protection without discrimination. This article discusses the challenges and implementation of social justice from the perspective of legal philosophy, focusing on the role of Pancasila as the basic ideology of the state. In the Indonesian context, the implementation of social justice often faces obstacles such as corruption, inefficient bureaucracy, and lack of access to the justice system for vulnerable groups. This article uses a descriptive qualitative approach to explore potential solutions such as legal reform, bureaucratic digitalization, and strengthening legal aid mechanisms. This research emphasizes that social justice is not only related to economic aspects but also includes fundamental human rights in various fields, including education, health, and general welfare. The goal of social justice as a national ideal can be achieved through inclusive policies and fair implementation of laws.
Implementation of Legal Protection in the Field of Pharmacy in a Juridical Review of the Implementation of Law Number 30 of 2000 Concerning Trade Secrets Habib, Yahya Abdul; Erbiana, Nyi Mas Gianti Bingah
International Journal of Business, Law, and Education Vol. 6 No. 1 (2025): International Journal of Business, Law, and Education
Publisher : IJBLE Scientific Publications Community Inc.

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.56442/ijble.v6i1.1014

Abstract

The protection of trade secrets in the pharmaceutical sector is very important. Various trade secret crimes in the pharmaceutical sector, such as theft of drug prescriptions and counterfeiting of medicines, continue to increase. Another impact of trade secret crimes in the pharmaceutical sector is the medical risk of counterfeiting drugs consumed by the public. However, on the one hand, victims who have trade secret rights in the pharmaceutical sector are still few to report allegations related to trade secret violations. In addition, law enforcement has not been optimal in responding to every complaint from the public regarding the theft of drug prescriptions, counterfeiting of various pharmaceutical products, and complaints from trade secret rights owners. For this reason, the existence of Law Number 30 of 2000 concerning Trade Secrets should provide legal protection for every owner of trade secrets in the pharmaceutical sector and also the public who are victims of trade secret crimes in the pharmaceutical sector
Co-Authors Endeh Suhartini Nurwati Nurwati Nyi Mas Gianti Bingah Erbiana Roestamy, Martin SUPRIYATNA, DADANG