Articles
209 Documents
<![CDATA[Contemporary Batik on The Verge of Risk: The Urgency of Copy Right Registration for Legal Protection ]]>
<![CDATA[Indrawati, Septi]]>;
<![CDATA[Nisrina, Wanda Athaya]]>;
<![CDATA[Rachmawati, Amalia Fadhila]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v8i2.23814
<![CDATA[Contemporary batik is characterised by motifs or patterns containing freedom of expression, not bound by tradition and patterns that tend to be more modern. In Purworejo Regency, there are 48 contemporary batik craftsmen, but only 6 craftsmen have copyright certificates for their contemporary batik motifs. While other craftsmen do not yet have a copyright certificate. Though copyright is a legal protection needed for a work, one of them contemporary batik. Copyright is an exclusive right granted to the copyright holder to use, reproduce or give permission for it on a work. This study aims to analyse the legal protection of contemporary batik through copyright registration. To achieve these goals, this research was conducted using normative sociological legal research methods. Normative sociological means that the research is conducted by examining existing legal materials, then analysing how its implementation in society in accordance with the problems faced. Legal materials collected will be reviewed comprehensively and analysed deductively with a systematic presentation. The results showed that copyright registration provides legal protection against contemporary batik motifs. Through this copyright registration, the creator will get a copyright certificate, where the certificate can be proof of legal ownership of batik motifs. Legal protection provided in the form of preventive protection, namely prevention so that no one else who imitates the contemporary batik motif. Furthermore, protection repressive, namely case settlement can be done through the path of litigation or non-litigation when there is a case related to batik motifs contemporary.]]>
<![CDATA[The Principle of Determining the Country’s Baseline Point That Shifts as An Impact of Climate Change ]]>
<![CDATA[Wita Setyaningrum]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum (Article in Press) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
<![CDATA[Based on natural conditions, the State Baseline measurement method for coastal areas is usually with a low water level mark, which differs between coastline areas in each country. This means that it is not possible to have permanent borders for a maritime country that can be used. Any movement or shift of the State Baseline is not regulated by the provisions of UNCLOS 1982. This condition is expected to give rise to international disputes, including with other maritime zones. With the phenomenon of climate change becoming more pronounced, there are gradual changes in coastlines, and there are no specific provisions regarding this in UNCLOS 1982. As such, the provisions contained in UNCLOS 1982 cannot respond effectively to the phenomena of shifts that occur in coastline, which will also influence the determination of sea baselines to determine the start of a country's territorial sea. So in conditions like this, the existence of UNCLOS cannot be said to be an international instrument capable of adapting to conditions occurring on earth. With this climate change phenomenon which has an impact on shifting the State Baseline, of course it gives rise to various kinds of new problems and challenges in the existing international legal structure regarding maritime law. Namely how the baselines are set in UNCLOS 1982 where the phenomenon of climate change and the consequences of sea level rise can cause changes in the determination of the baseline points that have been measured in terms of the Principle of State Sovereignty. This research to analyze international legal arrangements and discover new arguments in determining the principle of state sovereignty as a basis for shifting baselines due to climate change. This type of research is normative juridical research. The data collection method used is literature study. The tool used in this research is secondary data in the form of documents consisting of primary legal material, secondary legal material and non-legal material. The data was analyzed qualitatively and then presented descriptively.]]>
<![CDATA[Implaksi penetapan tarif cukai hasil tembakau terhadap rokok ilegal: pengaruh tarif pita cukai hasil tembakau terhadap rokok ilegal ]]>
<![CDATA[Warit Aziz]]>;
<![CDATA[Rr. Herini Siti Aisyah]]>;
<![CDATA[Radian Salman]]>;
<![CDATA[Indrawati]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum (Article in Press) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v9i1.22956
<![CDATA[Excise is state income that is not included in the tax bracket. Excise on tobacco products is part of excisable goods. Determination of excise rates for tobacco products is determined in Law No. 39 of 2007 in addition to further Minister Finance of Regulation 191/PMK.010/2022 governs this. When determining the excise rates tobacco on products, issues arise with respect to things like the steadily rising tax excise rates on tobacco products, the relationship between the vertical excise tax regulations on tobacco products and the effects of the steadily rising tobacco product excise rates on the emergence of illicit cigarettes. The purpose of this study is to investigate issues with tobacco product excise in order to reduce the spread of illicit cigarettes, which cause losses for the state. A conceptual, statutory, and normative legal approach are all combined in the study technique. The Ministry of Finance's examination of its fiscal strategy, which takes into account a number of criteria, is the basis for the causes driving up tax rates on tobacco goods. The legislation governing tobacco product excise tax rates and the guidelines set forth by the minister of finance are irreconcilable. There is no denying that the effects of tobacco product excise taxes contribute to the distribution of illicit cigarettes. Keywords: Excise rates of tobacco products; correlation of excise rates; Illegal Cigarettes;.]]>
<![CDATA[Legal Protection of Compost Fertilizer Technology Patent in Celincing Mangrove Forest Tourism ]]>
<![CDATA[Selvianti, Isye]]>;
<![CDATA[Marisa Nopriyanti]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum (Article in Press) ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v9i1.24131
<![CDATA[This study aims to determine and analyze the legal protection efforts of compost fertilizer inventors from mangrove waste in Suka Baru village, Ketapang Regency, West Kalimantan and to determine and analyze the patent registration system for compost fertilizer products from mangrove waste in Suka Baru village. The method used in this research is normative-empirical research using primary data, namely the results of interviews and secondary data containing primary and secondary legal materials. The results of the research show that compost fertilizer from mangrove waste in Suka Baru village has not received legal protection due to the lack of public understanding of the importance of Patentability, and the Patent registration system applied by Indonesia, namely the first to file system which recognizes the owner of the Patent Rights (Invention) who registers first. Therefore, if this problem is not followed up immediately, it will trigger various problems that will be caused such as claims from other parties and so on.]]>
<![CDATA[Urgency of Post-issuance Supervision of Environmental Approval for Risk Activities ]]>
<![CDATA[Tri Mulyani]]>;
<![CDATA[Dewi Tuti Muryati]]>;
<![CDATA[Dharu Triasih]]>;
<![CDATA[Advento Jeronimo]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v8i2.22467
<![CDATA[Every human being has the right to live in a healthy and clean and healthy environment. The state guarantees this right in the state constitution. Starting from this, the purpose of this research is to find out and analyze the urgency of post-issuance supervision of environmental approval for risky business activities in Semarang Regency. The research method used in this research is juridical sociological, with descriptive analysis specifications. The data used is primary data and supported by secondary data with qualitative data analysis method. The results show that there is an urgency for post-issuance supervision of environmental approvals for risky business activities in Semarang Regency, carried out by the Semarang Regency Regional Environmental Supervisory Officer in 2022, considering that 56 (fifty-six) out of 94 (ninety-four) responsible persons for businesses and/or activities have committed violations, namely developing business activities that do not adjust the permit. The bigger the business, the greater the impact of environmental pollution and damage, so supervision becomes very urgent to avoid greater risks.]]>
<![CDATA[The Principle of Determining the Country’s Baseline Point That Shifts as An Impact of Climate Change ]]>
<![CDATA[Wita Setyaningrum]]>;
<![CDATA[Muhammad Nur]]>;
<![CDATA[Chrisna Bagus Edhita Praja]]>;
<![CDATA[Hary Abdul Hakim]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v9i1.22742
<![CDATA[Based on natural conditions, the State Baseline measurement method for coastal areas is usually with a low water level mark, which differs between coastline areas in each country. This means that it is not possible to have permanent borders for a maritime country that can be used. Any movement or shift of the State Baseline is not regulated by the provisions of UNCLOS 1982. This condition is expected to give rise to international disputes, including with other maritime zones. With the phenomenon of climate change becoming more pronounced, there are gradual changes in coastlines, and there are no specific provisions regarding this in UNCLOS 1982. As such, the provisions contained in UNCLOS 1982 cannot respond effectively to the phenomena of shifts that occur in coastline, which will also influence the determination of sea baselines to determine the start of a country's territorial sea. So in conditions like this, the existence of UNCLOS cannot be said to be an international instrument capable of adapting to conditions occurring on earth. With this climate change phenomenon which has an impact on shifting the State Baseline, of course it gives rise to various kinds of new problems and challenges in the existing international legal structure regarding maritime law. Namely how the baselines are set in UNCLOS 1982 where the phenomenon of climate change and the consequences of sea level rise can cause changes in the determination of the baseline points that have been measured in terms of the Principle of State Sovereignty. This research to analyze international legal arrangements and discover new arguments in determining the principle of state sovereignty as a basis for shifting baselines due to climate change. This type of research is normative juridical research. The data collection method used is literature study. The tool used in this research is secondary data in the form of documents consisting of primary legal material, secondary legal material and non-legal material. The data was analyzed qualitatively and then presented descriptively.]]>
<![CDATA[Implaksi penetapan tarif cukai hasil tembakau terhadap rokok ilegal: pengaruh tarif pita cukai hasil tembakau terhadap rokok ilegal ]]>
<![CDATA[Warit Aziz]]>;
<![CDATA[Rr. Herini Siti Aisyah]]>;
<![CDATA[Radian Salman]]>;
<![CDATA[Indrawati]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 9 No 1 (2025): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v9i1.22956
<![CDATA[Excise is state income that is not included in the tax bracket. Excise on tobacco products is part of excisable goods. Determination of excise rates for tobacco products is determined in Law No. 39 of 2007 in addition to further Minister Finance of Regulation 191/PMK.010/2022 governs this. When determining the excise rates tobacco on products, issues arise with respect to things like the steadily rising tax excise rates on tobacco products, the relationship between the vertical excise tax regulations on tobacco products and the effects of the steadily rising tobacco product excise rates on the emergence of illicit cigarettes. The purpose of this study is to investigate issues with tobacco product excise in order to reduce the spread of illicit cigarettes, which cause losses for the state. A conceptual, statutory, and normative legal approach are all combined in the study technique. The Ministry of Finance's examination of its fiscal strategy, which takes into account a number of criteria, is the basis for the causes driving up tax rates on tobacco goods. The legislation governing tobacco product excise tax rates and the guidelines set forth by the minister of finance are irreconcilable. There is no denying that the effects of tobacco product excise taxes contribute to the distribution of illicit cigarettes.]]>
<![CDATA[Structure, Conduct, Performance (SCP) Approach & Fairness Principle in Business Competition Law in The Era of Digital Platforms ]]>
<![CDATA[Jusmadi, Rhido]]>;
<![CDATA[Aru Armando]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v8i2.23074
<![CDATA[The emergence of digital platforms has led to disruptions that affect not only technological and economic aspects, but also legal aspects, particularly business competition law. The discourse surrounding the development of digital platforms within the context of business competition has been influenced by two major schools of thought: the Chicago School, which adopts an effeiciency approach (also known as the consumer welfare approach) , and the Harvard School, which employs the structure, conduct, and performance (SCP) approach. This article aims to scrutinize the shortcomings of the efficiency approach advocated by the Chicago School in addressing the issues related to business competition in the digital platform market. Additionally, it seeks to demonstrate how the principle of fairness, based on the competitive process approach and market strcture, can serve as a more comprehensive analytical tool for evaluating the health of competition in the market. The results show that the efficiency approach is inadequate in addressing concerns of fairness in the digital market. Responding to the context, global business competition authorities have begun to promote a fairness approach to bolster SCP approach which serves as a moral underpinning for upholding the principles of healthy business competition in the digital platform era. This article applied normative legal research methods with a conceptual approach for analysis.]]>
<![CDATA[Analysis of The Role of Bhabinkamtibmas To Maintain Security and Order In Sumbersari Village Sleman ]]>
<![CDATA[Isnawan, Fuadi]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v8i2.23708
<![CDATA[Ensuring security and order requires both police efforts and community participation. In Tiwir Village, Sumbersari, Moyudan, Sleman, a person with a mental illness caused disturbances by stealing items and entering homes. The purpose of this study is to analyze the role of Bhabinkamtibmas in Sumbersari Village in maintaining community security and order amidst disturbances caused by individuals with mental disorders (ODGJ). The study focuses on identifying the efforts made by Bhabinkamtibmas to address these disturbances and the factors that hinder their effectiveness. The method used in this research is the empirical juridical method.The approach used in this research is a legal sociology approach. The result is Bhabinkamtibmas as the frontline of village policing, they ensure a constant presence, conduct monitoring, and engage persuasively with the community.. However, challenges arise from a lack of legal awareness among families of individuals with mental illness. This gap in legal knowledge impedes their ability to manage disruptive behaviors and exacerbates community tolerance of such disturbances. The resulting reluctance to address these issues effectively hinders Bhabinkamtibmas efforts in maintaining security and fostering community cooperation.]]>
<![CDATA[Asas-Asas Penyelesaian Perkara melalui Peradilan Adat Aceh ]]>
<![CDATA[Muhammad Rudi Syahputra]]>;
<![CDATA[Muksalmina]]>;
<![CDATA[Sari Yulis]]>
<![CDATA[ JUSTITIA JURNAL HUKUM Vol 8 No 2 (2024): Justitia Jurnal Hukum ]]>
Publisher : <![CDATA[Universitas Muhammadiyah Surabaya ]]>
Show Abstract
|
Download Original
|
Original Source
|
Check in Google Scholar
|
DOI: 10.30651/justitia.v8i2.23750
<![CDATA[Aceh customary courts have principles for resolving cases in reducing customary civil and criminal cases that occur in society, especially disputes that are not included in the formal justice system. This research aims to examine the principles underlying the resolution of cases through customary courts in Aceh, as well as how these principles are applied in the practice of resolving customary cases. By using a normative legal method, the resolution of customary cases in Aceh has its own principles that reflect the characteristics of customary law lives in Acehnese community (ureung Aceh). The principles of resolving cases through Aceh customary justice are principle of peace, justice, musyawarah and mufakat (mediation and negotiation), sincerity and willingness, fast, easy and cheap, openness, kinship, equality before the law, and guidance. The application of the principles of case resolution in the Acehnese customary justice process is a necessity. Acehnese community want cases to be resolved peacefully because this method has been a tradition passed down from generation to generation. The term for peaceful resolution of cases called suloh. Customary law does not distinguish between acts that are violations of civil law and violations of criminal law so that civil cases and criminal cases are decided simultaneously in a trial that is not separate. The use of the principle of musyawarah and mufakat in the implementation of customary justice has a very important role and determine whether or not the trial can be held.]]>
