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INDONESIA
JURNAL MERCATORIA
Published by Universitas Medan Area
ISSN : 19798652     EISSN : -     DOI : -
Core Subject : Education, Social,
Languange, Linguistic, Communication & Media Law, Crime, Criminology & Criminal Justice
Mercatoria is a Journal of Law for information and communication resources for academics, and observers of Business Law, International law, Criminal law, and Civil law. The published paper is the result of research, reflection, and criticism with respect to the themes of Business Law, International law, Criminal law, and Civil law. All papers are peer-reviewed by at least two referees. Published twice a year (June and December) and first published for print edition in June 2008.
Arjuna Subject : -
Articles 386 Documents
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Protecting Children Rights through the Juvenile Criminal Justice System in Indonesia: Issues and Challenges Susila, Muh Endriyo; Yonar, Bagaskara
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11122

Abstract

The Juvenile Criminal Justice System is established to uphold justice for children who engage in criminal proceedings, especially those who perpetrate criminal offense. The System sets up various measures in order to protect the rights of these children. This article aims at evaluating the operation of the Juvenile Criminal Justice System in Indonesia with special concern on the fulfilment of the rights of children who are in conflict with the law. The type of research is that of normative legal research which relies on secondary data in the form of primary and secondary legal material. This normative legal research employs statutory approach. It is found that the rights of children who are in conflict with the law is primary protected through the employment of diversion, the initial step for settling the criminal case outside the judicial system. The operation of the Juvenile Criminal Justice System comes across some obstacles in field, including with regard to the employment of diversion. Therefore, improvement in employing diversion seems to be necessary to achieve better quality of children rights protection.
Regulation of The Use of Marijuana for Medical Purposes: A Comparison of Civil Law and Common Law Legal Systems Kartika, Arie; Azwar, Tengku Keizerina Devi
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11136

Abstract

This study aims to determine the Regulation of the Use of Marijuana for Medical Purposes: Comparison of Civil Law and Common Law Legal Systems. This research uses normative juridical research methods using literature studies derived from Legislation, scientific journals, books related to medical cannabis discourse and analyzed qualitatively. Regulations related to Class I Narcotics in Indonesia are regulated in Law Number 35 of 2009 and Regulation of the Minister of Health of the Republic of Indonesia Number 30 of 2023. The use of cannabis as medicine is an urgent need. European countries are at the forefront of legalizing medical cannabis. Some European countries with a Civil Law legal system have different regulations in legalizing marijuana for medical purposes based on ownership restrictions. Meanwhile, countries with a Common Law legal system establish medical cannabis legalization policies based on the needs of patients, the quality of health provision, and the protection of patient rights. This study concludes that countries with a Common Law legal system have a pragmatic, case-based legal style that functions through logical reasoning while countries with a Civil Law legal system are more about practical implications.
Legal Basis for Deciding Cases of Criminal Acts of Sexual Violence against Minors Hariyanto, Hariyanto; Rokhim, Abdul; Isnaeni, Diyan
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11251

Abstract

This research aims to describe the legal basis for deciding cases of criminal acts of sexual violence against minors. This research uses normative legal research methods. Normative legal research methods are used to analyze and evaluate statutory regulations, legal documents, and other legal literature. This method aims to understand, interpret, and provide insight into applicable legal norms. The research results show that the legal basis for deciding cases of criminal acts of sexual violence against minors is as follows: 1) Law Number 35 of 2014 concerning Child Protection; 2) Law Number 23 of 2002 concerning Child Protection; 3) Law Number 17 of 2016 concerning the Determination of Government Regulations in place of Law Number 2 of 2016 concerning the Second Amendment to Law Number 23 of 2002 concerning Child Protection into Law; 4) Law Number 11 of 2012 concerning the Juvenile Criminal Justice System; 5) Law Number 21 of 2007 concerning Eradication of the Crime of Human Trafficking. Apart from this law, there are also government regulations, regional regulations, and other regulations which also regulate child protection and sexual violence against minors in Indonesia.
Analysis of Judge’s Decision on Registration of Trademark with The Same Naming (Study of Supreme Court Decision Number 640 K/Pdt.Sus-HKI/2020) Silaban, Kenjiro; Anggriany, Fivienrencya; Gunawan, Freddy
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11324

Abstract

This article aims to evaluate the judge's ruling about the namesake trademark. Two parties that registered the SAMGONG trademark through DJKI are at the focal point of the issue. This article's articulation of the problem serves as an argument for the Panel of Judges' discussion of the legal implications and considerations surrounding the decision rendered by the Supreme Court in Number 640 K/Pdt.Sus-HKI/2020. This article concludes that a trademark is an asset that is legally protected and has economic worth from a commercial standpoint. Indonesia uses a first-to-file system, meaning that as soon as a trademark is registered in its home country, its owners acquire the rights to it. The Panel of Judges noted in their ruling that the Plaintiff originally registered its trademark in its own nation in 2008. That the Defendant's trademark registration is suspected of being done in bad faith because the Plaintiff's trademark has been sold and promoted internationally, making it a well-known trademark. Additionally, the DJKI was ordered to remove the Defendant's trademark from the General Register of Trademarks due to similarities in the naming of the trademarks owned by both parties. As a guardian of intellectual property, DJKI needs to be more cautious when examining trademarks registrations to check for essential similarities, particularly in trademark names.
Design of Election Criminal Enforcement Through A Restorative Justice Approach in Nort Sumatra Lubis, Muhammad Ansori; Syaputra, Muhammad Yusrizal Adi
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.11989

Abstract

The large number of cases of suspected election crimes at every stage of the elections in Indonesia are not balanced with a fair law enforcement design and legal certainty. The establishment of the Integrated General Election Law Enforcement Center (Sentra Gakkumdu Pemilu) apparently did not have a significant impact in effectively prosecuting perpetrators of election crimes. This research aims to examine the design of law enforcement for election crimes and analyze the application of the concept of restorative justice as an approach to law enforcement for election crimes. The results of the research, firstly, are that the complexity of the law enforcement mechanism for election crimes causes the number of reports of election crimes submitted by the public to election supervisors to be meaningless. Second, that the current law enforcement design for election crimes still prioritizes punishment, even though law enforcement prioritizes the principle of ultimum remedium in its implementation. The absence of legal loopholes in prioritizing the concept of restorative justice in enforcing election criminal law is an obstacle for the Gakkumdu Center in enforcing election criminal law. The large number of cases of suspected election crimes that occur while the resolution time is relatively short makes it difficult for law enforcement to promote election crimes to promote justice and legal certainty. So there is a need to design technical regulations in implementing restorative justice in handling election crimes in the future.
Comparative Study of Law Enforcement Against Taxation Crimes in Indonesia and Malaysia Mohamed Saniff , Shereeza; Isnaini; Fithri, Beby Suryani; Iswari, S. Salini
JURNAL MERCATORIA Vol. 17 No. 1 (2024): JURNAL MERCATORIA JUNI
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i1.12068

Abstract

This research conducts a comparative study of law enforcement strategies aimed at combatting taxation crimes in Indonesia and Malaysia. The study examines the legal frameworks, enforcement mechanisms, and institutional capacities of tax authorities in both countries. Through an analysis of relevant laws, regulations, and enforcement practices, the research evaluates similarities and differences in approaches to tackling tax evasion, fraud, and non-compliance. Additionally, the study explores the role of collaboration between tax authorities and other government agencies, as well as international cooperation in addressing cross-border tax crimes. By identifying effective strategies and areas for improvement in law enforcement against taxation crimes, the research aims to contribute to the development of more robust and coordinated efforts to combat tax evasion and ensure compliance with tax laws in Indonesia and Malaysia.
Legal Protection of Public WiFi Users from Cyber Crime Amin, Muhammad Yusuf; Isnaeni, Diyan; Sri Utami, Nofi
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.12599

Abstract

This research explores the legal protection of public WiFi users from cybercrime, with a focus on public awareness, security standards, and law enforcement. The main findings show that the public's low awareness of public WiFi security risks is caused by a lack of education and information, wrong perceptions of security, and dependence on technology. Additionally, security standards implemented by public WiFi service providers vary and are often inadequate, influenced by a lack of strict regulation, implementation costs, and lack of technical knowledge. Law enforcement against cybercrime has also proven weak, with limited resources, lack of international cooperation, and inadequate regulations as the main causes. This research recommends increasing public education, strengthening security regulations, increasing law enforcement capacity, and better international cooperation. The implementation of these steps is expected to create a safer digital environment and increase legal protection for public WiFi users from the threat of cybercrime.
Legal Reform in Legal Responsibility for the Use of Public Roads for the Transportation of Mining Products (Case Study of Transportation of Mining Products in West Aceh Regency) Kurdi, Kurdi; Syafitri, Cut Zulfahnur
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.12921

Abstract

Transportation plays an important role in supporting economic growth and regional connectivity, but the use of public roads for hauling activities by mining companies in West Aceh Regency has caused significant problems such as road damage, pollution, and accident risk. This condition is exacerbated by a legal vacuum at the local level that does not specifically regulate the use of public roads for the transportation of mining products, although national regulations such as the Mineral and Mineral Law and regulations related to reclamation already exist. This study uses normative juridical methods with legislative and conceptual approaches to analyze applicable legal provisions and identify legal gaps, as well as formulate legal reform solutions. The results of the study show the need for the preparation of clear regional regulations (Qanun), including the setting of operational schedules, quota systems, and real-time monitoring. In addition, the government's cooperation with business entities (PPP) to build special hauling roads through the DBOMFT scheme is proposed as a constructive solution to reduce the burden on public roads and increase regional revenue. Legal reform at the regional level is expected to provide legal certainty, protect the community, and minimize negative impacts on the environment and infrastructure.
A Decisional Study of Criminal Liability of Road-Based Mass Transportation Drivers in Special Bus Lanes Wardana Kusuma, Wisnu; Pardomuan Sibuea, Hotma; Dewi Sartika Saimima, Ika; Tri Indra Setiawan, Guntur
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.12925

Abstract

This research aims to make a decision study of criminal liability of road-based mass transport drivers in special bus lanes. The research method used is normative juridical. This result of the research shows that drivers of road-based mass transportation buses who enter special bus lanes should not be punished if someone breaks through the special bus lane which results in an accident and the victim dies. This is based on legal experience, namely on court decisions based on articles relating to road user negligence. The decision made by the judge in the case of death due to someone breaking into a special bus lane exampale in case Decision Number 1086 K/PID/2016 and others is not commensurate with the driver's fault because the incident occurred due to the fault of the perpetrator or the victim themselves. This decision also cannot apply to mass transit bus drivers because basically it is necessary to pay more in-depth attention to causal factors, as well as Victim Precipitation conditions which are the initial causes of accidents in special bus lanes. This research is a form of proposed change in Law No. 22 of 2009 concerning Traffic and Road Transportation.
Formulation of Secondary Meaning Evidence in Trademark Infringement Disputes in Indonesia (Comparative Study of the United States and Thailand) Safitri, Nadila; Suherman
JURNAL MERCATORIA Vol. 17 No. 2 (2024): JURNAL MERCATORIA DESEMBER
Publisher : Universitas Medan Area

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.31289/mercatoria.v17i2.13094

Abstract

This study aims to analyze the regulation of secondary meaning and the formulation of proving secondary meaning within the trademark legal regime in Indonesia. The research employs a normative juridical method, supported by statutes, conceptual, and comparative approaches. The data used in this study consist of legal instruments such as Law Number 20 of 2016 concerning Trademarks and Geographical Indications, the TRIPs Agreement, the US Lanham Act, and Trademark Law. The results of this study indicate that Indonesia has not yet accommodated the regulation of secondary meaning in Law Number 20 of 2016 concerning Trademarks and Geographical Indications. In practice, there is no clear standard to determine whether a descriptive mark has acquired secondary meaning, which leads to case-by-case proof. It contrasts countries such as the United States and Thailand, which are provisions for proving secondary meaning. The absence of a provision for proving secondary meaning creates a legal vacuum when trademark infringement disputes arise. Therefore, there is a need for legal reform to regulate the proof of secondary meaning in trademark cases. A formulation for proving secondary meaning could be incorporated into Article 76 of Law 20/2016, which addresses trademark cancellation, by providing an exception for trademarks that have established secondary meaning through consumer association. Alternatively, the proof of secondary meaning could be considered during the substantive examination of trademark registration.

Page 37 of 39 | Total Record : 386

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