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144 Documents
ANALISIS PENDAFTARAN MEREK DAGANG TERHADAP KELAS BARANG BAGI PELAKU USAHA KECIL
Ratu Ratna Karompot
Maleo Law Journal Vol. 2 No. 1 (2018): April 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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Brand registration to small business actors is very important to get protection and protection from the flood and the flood of famous products, which became the masal ah is when it has been registered to have the same class of goods with the famous brand class or that has been preceded to register the brand either the equation in essence or equality on the whole, this is what must be understood from the class of goods to the brand goods. Because generally small business actors when finding the problem do not want to be bothered and still do not want to change the trademark on the grounds because the brand of goods have many who know, and do not understand the flow of registration, because although not yet registered subject to class goods. And also the lack of understanding about the brand itself. This article examines whether the Law no. 15 of 2001 after being substituted into Law No. 20 of 2016 on Trademarks and Geographical Indications has provided protection to small business actors, especially in the Brand class. It is important to examine to provide justice and protection to both the owners of famous brands, as well as the brand new owners. Keyword : Class Goods, Brand Goods.
KETAATAN HUKUM KEPALA DESA TERHADAP REGULASI DESA (Studi di Kecamatan Telaga Biru Kabupaten Gorontalo)
Salahudin Pakaya;
Suslianto Suslianto
Maleo Law Journal Vol. 2 No. 1 (2018): April 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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In general the village head has to obey the existing village regulation, only sometimes they experienced pain points in the operational technical things, so to anticipate, village head consulting directly by confidently to local government especially on the dinas/technical agency dealing with the village government administration in this namely Dinas Community Empowerment Unit Gorontalo Regency. Consultation is effective steps to avoid the understanding of the regulation, so that protected also from kekelirua and error making policy decisions or in managing the village government program.The obedience of the village head to the rule because it was influenced by fears will be given the penalty for both the sanction administrative nature such as the reduction and/or temporary suspension of financial rights until the dismissal sanction with not distinguished from the office, especially if get the criminal sanction. In the sub-district Blue Pools there are already 2 (two) officials village heads who were dismissed because doing immoral, this has become the commitment of Gorontalo Regency Government that breach immoral is disgraceful act which is also a breach of the customs that are not necessarily done by the village head as the main figure indigenous peoples in the village as a citizen. Keyword : The obedience, Village Head, Village Rule
PROBLEMATIKA PENERAPAN PERINSIP SUSTAINABLE DEVELOPMENT DALAM PENGELOLAAN LINGKUNGAN HIDUP DAN IMPLIKASINYA TERHADAP PEMENUHAN HAM
Suardi Suardi
Maleo Law Journal Vol. 2 No. 1 (2018): April 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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The principle of Sustainable Development in the management of the environment is a principle born of the response to serious environmental damage and give effect to the survival of human life in Planet Earth, the more damaged the environment is the higher the threat to humanity itself. Therefore, development is a peroses fulfillment of human needs in rebound supported by the capability of the optimal environmental capacity to human needs. Thus throughout the environment choose the high carrying capacity so the stability of human life the better also the opposite also the higher the needs of humans in life must be supported with the carrying capacity of a good environment that can serve as a life suporting system. On the implementation of the principle of Sustainable Development has experienced complex problems in carrying out the balance of the needs of human life and the environment itself consequently the environmental damage becomes severe and as if not able to overcome, humans assume that the available natural resources are materials that must be exploited for the sake of fulfillment consumptive human needs.. Keyword : The Implementation of the Province of Sustainable Development, Human Rights.
REPOSISI KETETAPAN MAJELIS PERMUSYAWARATAN RAKYAT DALAM TATANAN PENYELENGGARAAN BEREGARA
Surahman Surahman
Maleo Law Journal Vol. 2 No. 1 (2018): April 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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State administration in the Unitary State of the Republic of Indonesia shall be implemented in accordance with the Constitution of the State of the Republic of Indonesia Year 1945. The 1945 Constitution has been amended four times. One of the fundamental changes is the change of Article 1 paragraph (2) which previously reads "Sovereignty is in the hands of rakayat and is fully implemented by the People's Consultative Assembly" which then turns into Sovereignty in the hands of the People and is implemented according to the Constitution " influencing the regulatory arrangement of laws in Indonesia as regulated in Article 7 aaaayat (1) of Law Number 10 Year 2004 concerning the procedure for the formulation of the Laws and Regulations, which does not place any MPR Decrees in the order of the Laws and Regulations. The decision of the MPR is one of the juridical instruments capable of bridging the norms of the Constitution which are general to the norms of the existing Law below, in addition the MPR Decree also plays a significant role in determining the state of the country. Keyword : Reposition of MPR Decree, State practice.
EFEKTIVITAS PELAKSANAAN DIVERSI TERHADAP ANAK YANG BERHADAPAN DENGAN HUKUM (Studi Kasus Di Wilayah Hukum Kepolisian Resort Donggala)
Muliadi Muliadi;
Imam Basofi Usman
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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Article 28 B paragraph (2) of the 1945 Constitution of the Republic of Indonesia (hereinafter abbreviated as the 1945 Constitution of the Republic of Indonesia) states that children have a strategic role and the state guarantees the rights of every child to survival, growth and development and protection from violence and discrimination . Contact with the criminal justice system is the starting point for children facing the law. The term criminal justice system describes a legal process that is applied to someone who commits a crime or violates the suitability of criminal law. The aim of the study was to determine the effectiveness of the diversion of children facing the law at the Donggala Resort Police as well as the obstacles faced in implementing diversion against children facing the law. The long-term goal to be achieved is the realization of the diversion of children facing the law at the Donggala Resort Police. The specific target to be achieved in this study is so that investigators, especially PPA investigators, Donggala Resort Police can be maximal in resolving cases of children facing the law. The research method used in this study is to use a type of normative-empirical research or also called sociological legal research (non-doctrinal). Keyword : Diversion, Effectiveness, Children
PERANAN INVESTASI DALAM MENUNJANG PEMBANGUNAN PEREKONOMIAN DI INDONESIA
Irmawaty Ambo
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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The legal role in the national development effort is expected to not only play a role as a legitimator of the implementation of development results but also as a direction in the implementation of national development. Investment policy is a tool to attract investors (investors) to invest their capital in Indonesia. The owner of the capital can come from within the country or can also come from abroad (foreign). However, the need for foreign investment is special, and therefore attracting foreign investment must be done in a special way, given the intense competition with other countries. So the legal, institutional and incentive system must be built as well as possible so that Indonesia becomes an attractive investment destination. practical, investment factors can be used as one of the main instruments or factors to spur and enhance economic growth. Furthermore, investment policies are expected to be a stimulant for increasing work for the community. So there is a linear and sustainable relationship between investment and economic growth and employment opportunities for the community. The most frequent complaint made by foreign investors so far is that there are so many types of licensing that must be obtained, which directly makes the initial cost to swell up before the company is inflated. operate.Kata Kunci : Investation. Development
PELAKSANAAN HAK REMISI BAGI WARGA BINAAN KASUS KORUPSI DALAM PRESPEKTIF HAK ASASI MANUSIA (Studi Pada Lembaga Pemasyarakatan Klas IIA Palu)
Moh Yusuf Hasmin;
Andi Nurul Isnawidiawinarti Achmad
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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The tightening of remissions to corruption-assisted citizens in the Palu Class IIA Penitentiary does not reflect the protection of human rights values, where the remission is actually a right for inmates if they have carried out the conditions stipulated by Law Number 5 of 1995 concerning Corrections, the State must give the remission rights to inmates including those fostered by corruption cases if this is not given then the State violates human rights. know the legal impact of tightening remissions for residents fostered by corruption cases at Class IIA correctional facilities. By using the research method is empirical juridical which means the type of legal research that functions see the law in reality. Kata Kunci : Guided People. Corruption Case. Remission
LEMBAGA KEPOLISIAN DALAM SISTEM PENYELENGGARAAN PEMERINTAHAN NEGARA INDONESIA
Moh Tamsil Tamrin
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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State government institutions are a component in the system of governance of the state. government agencies and instruments that are directly responsible for peace and order, namely the Police. The police force is a government institution that has an important role in the rule of law. In the rule of law, the legal life is very much determined by structural factors or legal institutions that carry out the functions of order and security so that the community can carry out their respective functions peacefully and safely. Keywords: Indonesian National Police, Government System
WEWENANG MAHKAMAH AGUNG BERKENAAN DALAM PEMBATALAN PERATURAN DAERAH
Hartono Hartono
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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Regional regulations are the lowest regulations in the hierarchy of laws and regulations that have the most content material and have a narrow level of flexibility because they must be in line with the laws and regulations above them. This can be understood from the perspective of the Stufenbau des Recht approach expressed by Hans Kelsen, that positive law (regulation) is constructed in stages and in layers, low regulations are sourced from and may not conflict with higher regulations, which we later recognize as the lex principle superior derogat legi inferiori. Judicial review is an impossible choice to correct for mistakes that might occur in a legal product. Even for many people, submitting a Material Test becomes an urgent need. The tendency in this direction can be seen from the desire of some community groups to submit applications and lawsuits in the judicial review which they consider to be controversial to the Supreme Court. Keyword : Supreme Court. Authority. Regional Regulations
HISTORIS DAN MEKANISME PEMBENTUKAN PERATURAN DAERAH DI INDONESIA
Ardin Ardin
Maleo Law Journal Vol. 2 No. 2 (2018): Oktober 2018
Publisher : Fakultas Hukum Universitas Muhammadiyah Palu
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Regional regulations in Indonesia are interesting to study because the development of regional regulations in Indonesia follows the ups and downs of the development of central government policies regarding governance in the regions. In the system of establishing regional regulations as a government regulation that can be used as a source of local revenue is arranged in such a way. The mechanism for the formation of regional regulations in Indonesia in the paradigm of governance that is decentralized should be the instrument for the formation of local regulations should be left entirely to the regional government. Thus, local governments can more freely regulate and manage their own domestic affairs. The implementation of regional government functions will be carried out optimally if the implementation of government affairs is followed by granting authority to grant licenses, especially trading business licenses as one of the sufficient recipient sources to the regions. Providing sufficient revenue sources to regions where the amount is adjusted and harmonized with the division of authority between the government and the regions. Keywords: Historical, mechanism, formation of local regulations in Indonesia