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JURNAL ILMIAH LIVING LAW
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INDONESIA
JURNAL ILMIAH LIVING LAW
Published by Universitas Djuanda Bogor
ISSN : 20858078     EISSN : 25501208     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ilmiah Living Law (e-ISSN number 2550 1208) is an Open Journal System that managed by postgraduate school of Djuanda University, majoring of Law Studies. This journal is published twice a year. The Scopes are about: Bussiness Law, Property Law, Land Law, Tax Law, Islamic Economic Law, and etc.
Arjuna Subject : -
Articles 215 Documents
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POTENSI PERLINDUNGAN HAK ATAS MEREK BAGI PELAKU USAHA SEKTOR KULINER DI WILAYAH KOTA BOGOR Saepudin; Nurwati; J. Jopie Gilalo
JURNAL ILMIAH LIVING LAW Vol. 16 No. 2 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i2.10418

Abstract

The research aims to find out and analyze the potential of legal protection for brands for business actors as well as the obstacles and efforts to overcome them according to Law Number 20 of 2016 concerning Trademarks and Geographical Indications, so as to find out legal protection efforts for brands for culinary sector business actors in Bogor City. The research method used in this study is empirical juridical which is analyzed qualitatively. From the research results it can be seen that the potential of legal protection for brands for business actors of the culinary sector consists of preventive legal protection and repressive legal protection. Barriers to culinary sector business actors in Bogor City in obtaining protection for their trademarks include the lack of understanding of culinary sector business actors regarding brands and their registration procedures, lack of counseling and outreach, expensive mark registration fees, and limited budget and experts in the field of IPR. Efforts to protect the law, namely through various policies, such as collaborating between the Director General of IP at the Ministry of Law and Human Rights and the Ministry of Cooperatives and SMEs in providing incentives for financing the registration of creative economy brand registration, as well as registration of collective marks for the creative economy industry
TINJAUAN HUKUM PRINSIP SAFEGUARD DALAM PROTEKSI PRODUK PERTANIAN INDONESIA Ega , Raden Galihati Hasan Saputra; Ahmad Jaka Santos Adiwijaya; Edy Santoso
JURNAL ILMIAH LIVING LAW Vol. 16 No. 2 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i2.10484

Abstract

This journal discusses the principles of safeguards in protecting Indonesian agricultural products from surges in imports of agricultural products when it is expected to cause serious harm to the domestic industry in terms of International Trade Law and further elaboration in Indonesian National Law. This study uses a normative legal approach, namely using a literature study in the form of a review of the literature. The application of safeguards to Indonesian agricultural products can be done by setting the amount of import duty rates or setting import quota restrictions and setting time limits. The Indonesian government always seeks to harmonize domestic laws and regulations with international regulations for the protection of domestic farmers and industries in the context of food sovereignty, facilitating trade and increasing exports and preventing trade disputes in international forums.
ANALISIS HUKUM MENGENAI TATA KELOLA PAJAK BUMI DAN BANGUNAN PERKOTAAN DAN PERDESAAN DALAM RANGKA PEMBANGUNAN DAN KESEJAHTERAAN MASYARAKAT DESA Nanak , Nanak Sukron; Endeh Suhartini; Abraham Yazdi Martin; Asep Thobibudin Qolyubi
JURNAL ILMIAH LIVING LAW Vol. 16 No. 2 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i2.10490

Abstract

This study aims to learn about and analyze legal studies on rural and urban land governance and building tax in the context of development and well-being of rural communities and to know the role of information technology in the management of rural and urban areas of the United Nations in order to improve community obedience and discipline of the tax system. The method used is to make the field of legal science the foundation of its mother science, so the research used is normative legal research. The results showed that the Rural and Urban Property and Construction Tax (PBB-P2) should be collected on the basis of laws and regulations from the top to the implementing regulations, namely village regulations and information technology optimization, as it plays an important role in the management of the Rural and Urban Property and Real Estate Tax (PBB-P2). In terms of increased public obedience, information technology can be used to facilitate and speed up the tax payment process. For this reason, it is important to guide UN-P2 governance to village governments on the basis of fair and transparent legal principles, in order to foster the development and well-being of rural communities.
Private Participation in the Management of Water Resources According to Law Number 17 of 2019 concerning Water Resources Musthofa , Arafat Nasrulloh; Roestamy, Martin; Fulazzaky , Mohamad Ali
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.10492

Abstract

Water is a primary human need that God has given to all His creatures. Water is a source of needs and fulfillment of many people's needs. The management of water resources is held by the government to be used for the welfare of citizens according to the mandate of the 1945 Constitution. The research objectives are as follows: 1. To find out and analyze the tasks of the central government in dividing the management of natural resources both for the community and for private companies. 2. To find out and analyze the role of the private sector in water resources according to Law no. 17/2019 concerning Water Resources. The method is normative juridical study with qualitative approach using primary and secondary data. The results of the research are that water resources management involves various parties which often conflict and cause conflict. Therefore, good coordination is needed to unite the interests of the community and the government to produce an effective and efficient formulation of water resources management. The government plays a very important role in managing water resources so that all people get clean water in a fair and equitable manner to meet their daily needs. Keywords : Private, Management, Water
Effectiveness Of Electronically Integrated Business Perizances Through Online Single Submission (OSS) In Bogor District Nugraha, Adhi; Adiwijaya , Achmad Jaka Santos; Nuradi
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.10493

Abstract

The government was trying to create an optimal service system to meet the needs of the community in managing permits, namely by implementing OSS. This system was built by implementing electronically integrated business licensing and enhanced by the implementation of the OSS Risk Based Approach (RBA) in 2021. The purpose of this study was to determine and analyze the effectiveness of electronically integrated business licensing through Online Single Submission ( OSS ) in Bogor Regency. This research used sociological juridical research methods, with data collection techniques through literature research and field research by conducting interviews. To measure the effectiveness of law enforcement using an approach according to Soerjono Soekanto which is determined by 5 ( five ) factors, namely: the legal factor itself; law enforcement factors; facilities factors; societal factors, and cultural factors. The results of the study found that OSS in Bogor Regency has been implemented since 2018. Such is the case with the RBA OSS which can be implemented in August 2021. The regulations needed in the implementation of OSS in Bogor Regency were quite available, the Human Resources were competent, the facilities were adequate, the community was open to electronic services, and the community's digital literacy culture was quite good. Based on the evaluation of 5 (five ) factors that affect law enforcement, it can be concluded that OSS can be implemented effectively in Bogor Regency. Responding to the development of civilization globally and towards a golden Indonesia in 2045, OSS was a bridge process in realizing it all. The researcher suggested that the weaknesses and shortcomings in the RBA OSS should be immediately responded to by the Ministry of Investment / BKPM. The local government immediately prepares an internet network so that there are no blank spot areas, socialization is further intensified, and the required bylaws and regulations are immediately issued.
Seize Of Life And Human Rights And Discrimination Against Asians And Black People In The United States From A Criminal Law Perspective International Indira Putri Elharisa Kirana; Hilda Husnul Khotimah; Muhammad Dhanu Fitransyah; Yesariza Nabila; Herli Antoni
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11018

Abstract

The author’s aim in taking the title of this research is to provide a general explanation regarding racism which include an international criminal law. However, implementation for certain racial groups has not been fully implemented. We can see this from the existence of racism carried out on citizens in the united states toward the African-American race and the Asian race. Justice for those with dark skin and Asians has not been realized until now, many of them have experienced injustice through racially motivated attacks, resulting in the death of individuals and groups. The application of legal rules and legal protection from the united nations for Asians and black people has not yet been fully paid attention to in the united states, this is proven by the case of George Floyd’s death.
Evidence of Suspicion in Civil Procedure Law: (Study analysis of the use of prejudice as a judge's consideration in decision NoMOR 10/PDT. G/2018/PN. END) Kartiko, Nafis Dwi; Soegiono, Samuel Putra; Tedjokusumo, Dave David; Siswanto, Carissa Amanda
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11066

Abstract

This study aims to dig deeper into the role of prejudice in the civil law system in Indonesia, by focusing on its definition, types, and impact on judges' decisions. This study specifically discusses the use of suspicion in Decision Number 10/Pdt.G/2018/PN. End, as a case that marks the importance of the role of allegations in resolving civil law disputes. Using normative juridical methods, this study elaborates and examines allegations based on provisions in Burgerlijk Wetboek and HIR, as well as paying attention to secondary legal materials to enrich discussion and analysis of related judicial practices. The findings of this study confirm that the allegation not only acts as prima facie evidence but also reverses the burden of proof that must be borne by those who deny it. This is evidenced by an analysis of the role of allegations in the case that is the focus of the study, showing that the judge has the flexibility to formulate allegations from the facts proven at trial. However, the allegation must meet the criteria set out in Article 173 HIR and Article 1922 of the Civil Code to be considered valid and adequate as evidence.
Optimization Of E-Litigation-Based Trial Implementation As A Strategy To Prevent Bribery And Gratification (Comparatory Study Of E-Litigation Implementation In Malaysia And Singapore) Yoesuf, Juliani Paramitha; Mulyono; Siti Nur Intihani; Efridani Lubis; Muhammad Fahruddin; Sinta Elviyanti
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11360

Abstract

The E-Court system in Indonesia is an embodiment of the principles of simple, fast and low-cost justice, as well as technological transformation in the case administration system in court. The E-Court system has been running in all courts in Indonesia since 2018, then in 2019 the Supreme Court implemented the E-Litigation system, namely electronic-based trials and the arrangements continue to be refined, especially with the issuance of Supreme Court Regulation Number 7 of 2022 concerning Amendments to Supreme Court Regulation Number 1 2019 concerning Electronic Administration of Cases and Trials in Court. By implementing E-Litigation, apart from making trials easier and saving time, it will of course also reduce the intensity of meetings with the parties so that bribery and gratification do not occur in the judicial environment. Seeing that the implementation of the electronic trial system in Indonesia is still relatively new, it is necessary to compare with other countries such as Malaysia (2011) and Singapore (2015) which first implemented both E-Court and E-Litigation to see what things need to be optimized in implementation of an electronic trial system so that it can prevent the practice of bribery and gratification. The research methodology used in this research is normative-empirical legal research. The problems to be studied are: 1) What is the trial mechanism through the E-litigation system in Indonesia, Malaysia and Singapore? 2) How to optimize the implementation of e-litigation based trials in reducing bribery and gratification?
Legal Protection For Printing Workers Who Earn Wages Below The Regency Minimum Wage (Case Study In Telang Village, Bangkalan Regency) Makruf, Makruf; Hariri, Achmad
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11429

Abstract

This research contains harmonious industrial relations between two legal subjects, namely workers and entrepreneurs (employers), which involve the wage system, including work agreements and rights, as well as the obligations of the two legal subjects. In practice, workers often face unfair treatment in employment contracts due to a lack of attention and understanding of the law. Through a Governor's Decree, the provincial minimum wage and district/city minimum wage are determined as wage standards. However, there are still many printing entrepreneurs in Bangkalan Regency who do not meet the UMK requirements in terms of providing wages to workers. This has a negative impact on meeting workers' livelihood needs. It is important to focus on setting fair wages and legal protection for workers. Researchers use empirical legal research methods, which is a research method used to examine the legal bases that apply to actual situations in society. Samples were taken from several strategic printing points including Fix Print, ACC and KOPMA. Even though working time protection is in accordance with the Employment Law, the work agreements entered into by the three printers do not provide other legal protections such as wages, occupational safety and health and worker welfare. Regarding the decision factor to endure below standard wages, it is a personal decision that must be taken by each worker, including economic factors, comfort, security and uncertainty before making a decision.
Aanknopingspunten Between Civil Law and Islamic Law In The Utilization Of Wakf Land For The Interests Of Wakf Land Productivity Monaya, Nova; Asep Thobibudin Qolyubi
JURNAL ILMIAH LIVING LAW Vol. 16 No. 1 (2024): Jurnal Ilmiah Living Law
Publisher : Universitas Djuanda

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30997/jill.v16i1.11547

Abstract

The aim of this research is to find solutions to legal problems or conflicts that have never been resolved between productivity and users of waqf land, namely with new ideas about land obtained from building buildings on waqf land by conducting a comparative study in Saudi Arabia. The method used in writing is the library method, namely research used to collect information and data with the help of various materials available in the library, with data collection techniques by reviewing books, journals, literature, notes, and several reports related to the problem you want. solved. Data were analyzed and presented descriptively. The results of the research, namely Aanknopingspunten between civil law and Islamic law in the use of waqf land for the purposes of waqf land productivity, can provide a solution to the rigidity of waqf land which prohibits it from being sold, gifted or inherited and guaranteed, so that waqf land does not become abandoned land because it has been managed in an appropriate manner. fairness. Keywords : Aanknopingspunten, Islamic Law, Civil Law, Waqf Land

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