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INDONESIA
UIR LAW REVIEW
Published by Universitas Islam Riau
ISSN : 25487671     EISSN : 2548768X     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
UIR Law Review edisi keempat Oktober 2018, menerbitkan artikel tentang Perlindungan Penyandang Disabilitas, Perlindungan Konsumen, Asuransi, Aplikasi Berbayar, Statuta Roma, Alternatif Penyelesaian Sengketa, Kontrak, Pengelolaan Air Limbah, Perkawinan, Pajak dan Restribusi.
Arjuna Subject : -
Articles 151 Documents
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Problematika Hak Kekayaan Intelektual Di Bidang Merek Bagi Pelaku Usaha Mikro Kecil Menegah Zulfikri Toguan
UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(2).7168

Abstract

Legal protection for a mark of a place or origin of MSMEs can be done by first registering the mark to obtain legal force. In this case the Office/Agency/Community Organization assists by facilitating MSMEs in terms of socialization and assistance for trademark registration. Law Number 20 of 2016 concerning Marks and Geographical Indications provides improvements to previous laws, especially regarding preventive protection measures, namely registration procedures and registration fees. Brands produced by Indonesian MSMEs can help increase competitiveness in the development of new products. This research is normative or library research method, namely legal research carried out by reviewing and researching library materials in the form of primary legal materials and secondary legal materials. This study concludes: First, the problems in the protection of intellectual property rights in the field of branding for MSME products are due to the understanding of MSME actors on brand rights is still low/shallow so that MSME actors do not register the brand of MSME products. Second, efforts to provide brand protection to the MSME industry are by registering MSME brands and the government makes it easy for MSME industry players to register trademarks.
Pelaksanaan Peran Kantor Wilayah Kementerian Hukum Dan Ham Sumatera Barat Dalam Rangka Harmonisasi Peraturan Daerah Provinsi Sumatera Barat Tahun 2019 Delfina Gusman; Alsyam Alsyam; Didi Nazmi
UIR Law Review Vol. 5 No. 2 (2021): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2021.vol5(2).7365

Abstract

The Regional Offices of the Ministry of Law and Human Rights in each region have an important role in the harmonization of regional regulations in accordance with the legal hierarchy. Harmonization of law is an effort to create a harmony, suitability and compatibility to balance the legal norms. One of the agencies that has this role is the Ministry of Law and Human Rights to each region. The results of the study show that in relation to the duties and functions of the Regional Office, basically the duties and functions of the Regional Office in preparing regional regulations are in line with the provisions of Law Number 12 of 2011 concerning the Establishment of Legislation. the invitation, but the involvement of the Regional Office of the Ministry of Law and Human Rights is limited and passive waiting for the local government and DPRD to participate. In an effort to increase the role of the Regional Office of the Ministry of Law and Human Rights in the process of drafting regional regulations, it is necessary to formulate a rule for implementation that regulates in detail the mechanism for the preparation of regional regulations involving the Regional Government, DPRD and Regional Office of the Ministry of Law and Human Rights. optimizing the preparation of quality regional regulations.
Pembatasan Hak Atas Informasi Publik Di Indonesia Gusman, Delfina
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).8892

Abstract

In principle any public information is open and accessible public information by each user , in addition to being excluded is the secret information in accordance with the act , propriety , and the public interest .Public information and the tight nature of being excluded limited. Restriction rights over the information in certain conditions can be justified , because the right to information not included in the right that cannot be reduced in the condition of anything ( non-derogable rights)
Asas Legalitas Dan Self Plagiarism: Antinomi Realitas Empiris Sebagai Proyeksi Pengaturan Tindak Pidana Khusus Di Bidang Hak Cipta Hardiago, David; Syafrinaldi
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).11689

Abstract

This study aims to analyze and provide projections in order to answer the problem of self-plagiarism in relation to positive legal regulations in Indonesia which regulate copyright. As a normative legal research, this study uses several approaches including the statute approach, conceptual approach, and comparative approach. The results of the study conclude that the current act of self-plagiarism is completely unknown in positive law regulations in Indonesia, especially in regulations related to copyright. The absence of these regulations has an impact on the absence of sanctions for acts of self-plagiarism, both ethical sanctions and criminal sanctions. While it is known that self-plagiarism has a greater detrimental impact when compared to pragmatic plagiarism and is known in positive laws and regulations with ethical and criminal sanctions that can be applied. Thus, with the empirical reality of self-plagiarism it is projected that the act in question is regulated as a crime in the copyright regulations that will be formed in the future by providing and including criminal threats against acts of self-plagiarism in the form of a total reformulation of the current regulations.
Penyalahgunaan Posisi Dominan Oleh Pelaku Usaha Dominan Melalui Penggunaan Algoritma Harga Ria Setyawati; Rayhan Adhi Pradana
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).11750

Abstract

Advancement of technology resulted in a digitalized business world. Consequently, businesses start to use technology like algorithms to make business decisions, for example, introducing algorithms to set prices. Such algorithms are known as pricing algorithms. However, when these algorithms are utilized by a dominant firm, it exposes a risk of abuse. There is also a concern relating to available legal recourse by competition authorities in tackling this novel issue. Thus, this research aims to analyse the relationship between algorithmic pricing and abuse of dominant position, as well as providing solutions pertaining to available legal recourse that might be useful for competition authorities in facing this contemporary issue. To this end, this legal research employs statute, conceptual, case, and comparative approaches. Through these methodologies, this research analyses the usage of algorithmic pricing and abuse of dominant position in conformity to Indonesian law; and transforming the available legal recourse to be more accommodative in confronting the use of algorithmic pricing.The use of algorithmic pricing can entail an abuse of dominant position, considering the ability of algorithms to impose trade restrictions, hence excluding potential competitors and preventing consumers from attaining a fair price. Available legal recourse that can be considered by competition authorities are: increasing knowledge on algorithmic pricing, imposing regulations to support transparency and accountability, and using a structural approach. In terms of evidence, authorities should put more weigh on digital evidence, circumstantial evidence, and expert opinions.
Prinsip Restorative Justice Dengan Keseimbangan Orientasi Pada Penyelesaian Tindak Pidana Umar Dinata; Aksar; Saut Maruli Tua Manik
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).11865

Abstract

Settlement of criminal cases with a restorative approach has begun to be applied in Indonesia, but its implementation is only related to the settlement of juvenile criminal cases. In practice, a restorative justice approach is often applied to pay more attention to the perpetrators of crimes than to the victims of these crimes. Thus the reconstruction of the principles of restorative justice is currently not fully implemented. Investigators pay more attention to the interests of the perpetrator rather than the interests of the victim. Often victims feel dissatisfied or feel compelled to accept the decision. This was done by involving community leaders and traditional leaders, but the implementation still impressed the perpetrators and impressed that in the process the victims were forced to agree to the agreements that were made. The principle of restorative justice is known as a traditional case settlement model. The case settlement model with a restorative justice principle approach which is designed to resolve criminal cases in the context of modern criminal law, should be processed within the criminal justice system. Indonesia, and the Ministry of Law and Human Rights of the Republic of Indonesia have adopted the principle of restorative justice as a way of settling a criminal case so that conceptually it can produce provisions based on restorative justice.
Penegakan Hukum Dan Pengawasan Terhadap Kewajiban Korporasi Reklamasi Pasca Tambang: PENEGAKAN HUKUM DAN PENGAWASAN TERHADAP KEWAJIBAN KOORPORASI REKLAMASI PASCA TAMBANG Elviandri
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).12005

Abstract

This study aims to analyze law enforcement and supervision of corporate post-mining reclamation obligations as well as to find an effective model of law enforcement and supervision of corporations in post-mining reclamation implementation. The research method used is normative juridical research. The results of the study show that law enforcement for corporations that do not carry out post-mining reclamation starting from Administrative Law, Civil Law and Criminal Law as a form of legal consequences for not carrying out an obligation is a repressive effort on a problem, because sanctions are one of the legal consequences that coercive when an obligation that has been mandated by a regulation is not carried out. In relation to the implementation of post-mining land reclamation activities as part of the process of utilizing natural resources, the sanction that can be applied is the obligation to pay fines to community mining business actors if the post-mining land reclamation activities are not carried out as planned. Giving the obligation to pay fines to these business actors does not eliminate the obligation of smallholder mining businesses and local governments to restore post-mining environmental damage by providing the lack of funds needed by third parties. This aims to provide a deterrent effect to other smallholder mining business actors . Keywords: Reclamation, Monitoring, Environment.
Penerapan Sanksi Terhadap Importir Barang Yang Tidak Baru Di Kabupaten Indragiri Hilir Berdasarkan Undang-Undang Nomor 07 Tahun 2014 Tentang Perdagangan Muhammad Arif; Ardiansyah; Sudi Fahmi
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).12007

Abstract

Trade is the main engine for the development of the national economy. Trading activities increase production, increase exports which increase foreign exchange, create jobs, distribute income, and strengthen the competitiveness of domestic products. The purpose of this study is to analyze how sanctions are applied to importers of non-new goods in Indragiri Hilir district based on Law Number 07 of 2014 concerning trade, and to analyze constraints and efforts in applying sanctions to importers of non-new goods in the district. Indragiri Hilir. The results in this study are imported used clothing is an item that is considered illegal in Indonesia. The meaning here is illegal, namely something that is not in accordance with applicable laws or regulations. What are the obstacles, namely Non-Juridical and Juridical Constraints, in the Non-Juridical constraints "the smuggling of used clothes in Inhil is a very serious problem besides causing losses to state finances it also has an impact on the health of users of used clothes because it is indicated there are several bacteria that can endanger human health. Seeing these problems, of course there are efforts made by local stakeholders, namely from non-juridical efforts of stakeholders to work together synergistically. In juridical constraints, it is found that efforts of stakeholders provide advice and input to legislators so that incidents in the field can be resolved by basic rules that strong. Keywords: Sanctions, Goods Importers, Trade.
Penerapan Larangan Berpoligami Bagi Anggota Polri Berdasarkan Peraturan Kepolisian Negara Republik Indonesia Nomor 6 Tahun 2018 Sudiyanto; Eddy Asnawi; Bahrun Azmi
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).12011

Abstract

The disciplinary regulations for Polri members are a series of norms to foster, uphold discipline and maintain order in the life of Polri members. It is necessary to instill in every member of the Police the awareness that discipline is honor. Discipline of members of the Police is an honor as a member of the Police that shows credibility and commitment as a member of the Police. While the legal consequences if a police officer who carries out a polygamous marriage without permission is caught either by his wife or another party and reported to his superiors, the police officer will be subject to sanctions in accordance with the rules that apply to each member of the police as outlined in the police code of ethics. The purpose of this study is to analyze the Implementation of the Prohibition of Polygamy for Members of the Indonesian National Police Based on the Regulation of the Chief of Police Number 6 of 2018, and to analyze the Obstacles and Efforts in Implementing the Prohibition of Polygamy f Keywords: Application, Polygamy, Police
Pembaharuan Dan Pembangunan Hukum Transportasi Di Era Disrupsi Melalui E-Governance R.Desril
UIR Law Review Vol. 6 No. 2 (2022): UIR Law Review
Publisher : UIR Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.25299/uirlrev.2022.vol6(2).12058

Abstract

This study aims to analyze Describing the Renewal and Development of Transportation Law in the Disruption Era and Discovering the Concept of Transportation E-Governance in the Disruption Era. This research is based on normative juridical research methods, which include research on positive law inventory, research on legal principles and research on law in concreto. Secondary data in this normative legal research are in the form of primary legal materials, secondary legal materials and tertiary legal materials. The results of this study are that transportation policies and regulations in the era of disruption require integrated and comprehensive regulations, it is necessary to realize E-governance of transportation law in the era of disruption. The Ministry of Transportation's policy to provide comprehensive transportation can be seen in the 2020-2024 National Transportation Master Plan. However, in the Master Plan there are no policies that lead to E-Governance as a response to the development of transportation in the era of disruption. So to perfect this Policy, Renewal and Development of Transportation Law in the Era of Disruption through E-Governance is needed. This is where the urgency of research with the title Transportation E-Governance: Design of Transportation Law Regulatory Models in the Disruption Era to find the Renewal and Development of Transportation Law in the Disruption Era and Formulate the Concept of Transportation E-Governance. Keywords: E-Governance, Transportation, Model, Regulation, Disruption.

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