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Supremasi Hukum: Jurnal Penelitian Hukum
Published by Universitas Bengkulu
ISSN : 1693766X     EISSN : 25794663     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice Social Sciences
Supremasi Hukum : Jurnal Penelitian Hukum [e-ISSN 2579-4663 dan p-ISSN 1693-766X] adalah nama baru sebagai pengganti "Jurnal Penelitian Hukum yang diterbitkan oleh Fakultas Hukum Universitas Bengkulu sejak Tahun 1995. Jurnal "Supremasi Hukum: Jurnal Penelitian Hukum" merupakan jurnal atau media informasi dan komunikasi di bidang hukum berisi artikel ilmiah hasil penelitian terkait bidang ilmu hukum yang meliputi Hukum Perdata, Hukum Ekonomi/Bisnis, Hukum Pidana, Hukum Administrasi Negara, Hukum Tata Negara, Hukum Konstitusi, Hukum Islam, Hukum Lingkungan, Hukum Adat, Hukum Kekayaan Intelektual, Hukum Perlindungan Perempuan dan Anak, Hukum Internasional dan sebagainya yang berhubungan dengan masalah-masalah hukum.
Arjuna Subject : -
Articles 6 Documents
 1 
Search results for , issue "Vol 33 No 1 (2024)" : 6 Documents clear
PERANAN PENDAMPING LOKAL DESA DALAM MENDORONG PARTISIPASI MASYARAKAT Syakirin, Risko; Nursyamsiah, Nursyamsiah; Guanti, Wiwin
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.23-34

Abstract

The lack of community participation in village planning and development is caused by the limited understanding of existing laws and regulations, as well as the low level of trust that the community has in the less transparent and accountable performance of the Village Government. Village facilitators, as professional support personnel, must be able to fulfill their roles in order to encourage and enhance community participation in village planning and development. This research employs an empirical juridical and empirical sociological approach, which involves studying a phenomenon and facts related to community behavior occurring in the field, and subsequently connecting them with legal regulations relevant to the research issues. To stimulate community participation, Village Facilitators provide guidance and reinforcement on the importance of community involvement in every stage of village development.
Consequences And Resolutions Of The Ms Glow Vs Ps Glow Trade Brand Dispute: Study Of Decision Number 2/Pdt.Sus.Hki/Merek/2022/Pn Niaga Sby Jo. MA Decision Number 161 K/Pdt.Sus-Hki/2023 Sifa, Sifa Fauziah
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.54-64

Abstract

Trademarks are in the form of images, logos, names, words, letters, numbers, color schemes, two and/or three dimensions, sounds, holograms, or a combination of them. The above factors are to distinguish goods and/or services produced by individuals or legal entities in order to trade goods and/or services. The existence of the trademark system aims to prevent the occurrence of trademark disputes between trademark owners. This study aims to explain the settlement of trademark disputes analyze the legal consequences of the decision number 2/Pdt.Sus.HKI/Merek/2022/PN Niaga Sby Jo. Supreme Court Decision Number 161 K/Pdt.sus-HKI/2023. The type of research used is normative juridical research and uses qualitative data analysis techniques to interpret research findings based on research data and implications obtained from relevant literature, laws and regulations, documents, books, and other library materials, as well as the author's research questions. In this research, the author explains that a mark can be said to have similarities in principle with other marks when the general public cannot be distinguished due to similarities in appearance, letters, numbers, colors, smell and pronunciation. Similarity of marks basically has a very close relationship with malice. Protect marks from inherently egalitarian and malicious business actors. The rise of trademark disputes in Indonesia, in the process of trademark registration, Indonesia applies the first to file principle, that is, trademark registration is only granted to businesses that first register their trademarks, and the state does not register/approve the registration of trademarks that are similar to the first registered trademark to others. On other similar products/services.
a Pengertian Istilah Dan Makna Dalam Hukum: (Studi Analisis Term Syari’ah Dan Qanun) Jauhari, Dwi Langgeng; Insan Labib, Muhammad Alfreda Daib
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.1-10

Abstract

Shari'ah are the rules prescribed by Allah and the commands of His Prophet. Therefore, Shari'ah is a complete law that includes spiritual aspects related to God and social aspects related to the relationship between humans and the environment. Rigid and inflexible laws will create negative impacts and conflicts in society, so it is important to treat laws that are acceptable and adaptable to the environment. One of the ideas of modern Islamic law is qanun. The purpose of this study is to provide an understanding of shari'ah and qanun along with the taqnin of shari'ah, which is still a never-ending debate between groups that are against the existence of tannin Islamic law and groups that are against it. This research is library research. The type of research used in this paper is library research with a normative approach. The findings obtained from this research are; 1) shari'ah and qanun are different things but have interrelated relationships, 2) groups that support and do not support the existence of shari'ah tannin have their reasons.  
QUO VADIS REGULASI PEREDARAN OBAT BEBAS DAN OBAT BEBAS TERBATAS PADA SARANA NON-FARMASI Hanif, Muhammad
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.11-22

Abstract

The distribution of drugs, especially over-the-counter drugs and restricted over-the-counter drugs, currently seems not to be properly controlled as there is a discrepancy between regulations and techniques in monitoring the distribution of them on non-pharmaceutical facilities. In response to this, the Government made changes by issuing Law Number 17 of 2023 about Health replacing Law Number 36 of 2009. This research aims to confirm that with the publication of Law Number 17 of 2023 about Health, there are regulations that explicitly regulate the procedures for implementing pharmaceutical practice. The results of this research show that although it is not perfect, the government has fulfilled its obligation to protect the public in terms of drug distribution.
KONTRADIKSI PENGATURAN SITA ASET MILIK BUMD BERBENTUK PERSEROAN DAERAH Iswan, Muhammad; Sari, Novita; Ghafur, Jamaluddin
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.34.1.35-53

Abstract

This research aims to elaborate on the reasons for the contradictions in legal arrangements regarding confiscation of assets owned by regional companies and how the legal arrangements for confiscation of assets owned by regional companies should be. This research is a type of juridical-normative research. The primary legal materials used are the State Finance Law, the State Treasury Law and the Regional Government Law and PP BUMD. Coupled with Law no. 5 of 1962 concerning regional companies. The research was conducted by inventorying regulations relating to BUMD in the form of regional companies. Legal materials that have been inventoried are then analyzed using the prescription method. The results showed that the contradiction in the regulation of conflict of assets of regional companies boils down to the use of the term regional company in the State Finance Law. The conceptual reference to regional companies in Law No. 5 of 1962 is no longer in line with the form of regional companies that have been transformed into BUMD based on the Regional Government Law and PP BUMD. Thus, Article 50 of the State Treasury Law does not apply to assets that are separated and managed independently by regional companies. In addition, the regulation on configuration of assets of regional companies must begin with an amendment to the State Finance Law, followed by the State Treasury Law. Regulations on the confiscation of assets of regional companies must be carried out to provide justice for every legal entity and the wealth of private legal entities in Indonesia.  
Judge's Considerations in Imposing Replacement Prison Sentences in Corruption Crime Cases Sidebang, Ruth Novaulina; Simatupang, Benget Hasudungan; Sitepu, Sudirman
Supremasi Hukum: Jurnal Penelitian Hukum Vol 33 No 1 (2024)
Publisher : UNIB Press

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.33369/jsh.33.1.65-75

Abstract

Corruption causes financial losses to the state which results in crises in various fields. In order to suppress the growth of corruption in Indonesia, various efforts to prevent corruption are carried out. One of them is by providing an additional penalty in the form of payment of replacement money. In terms of convict does not have sufficient assets to pay replacement money, he will be punished with substitute prison whose length does not exceed a main penalty. The absence of guidelines regarding the length of substitute prison based on replacement money results in frequent disparities. This research uses empirical research methods with a non-doctrinal approach in the form of empirical studies to find theories regarding the process of occurrence and operation of law in society. The formulation of the problem in this research is how judges consider when imposing a prison sentence as a substitute for replacement money in cases of criminal acts of corruption and what policies can prevent disparity in decisions in imposing prison sentences as a substitute for Additional Crime of Substitute Money in Corruption Crime.  Based on the research results, it is known that there are no standard guidelines regarding determining the length of substitute imprisonment, while Article 8 of Perma Number 5 of 2014 concerning Additional Crime of Substitute Money in Corruption Crime only determines that the maximum imprisonment is 20 (twenty) years. So, in addition to imposing a decision, the judge must consider the juridical, philosophical and sociological aspects and be based on the judge's beliefs obtained from the beginning to the end of a case that occurred. Because there are no restrictions on the provision of imprisonment as a substitute for Additional Crime of Substitute Money, several policies are needed to reduce existing disparities.

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