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Law, Development and Justice Review
Published by Universitas Diponegoro
ISSN : 26551942     EISSN : 26551942     DOI : DOI: 10.14710/ldjr.v3i1.7349
Core Subject : Social,
aw, Development & Justice Review (e ISSN:2655-1942) diterbitkan Badan Konsultasi Hukum (BKH UNDIP), Fakultas Hukum, Universitas Diponegoro. Law, Development & Justice Review merupakan jurnal ilmiah sebagai wadah bagi dosen, konsultan hukum, dan Advokat dalam mengekspresikan hasil Pengabdian masyarakat (public service publications), hasil penelitian (research), hasil pembahasan kasus (case review), dan hasil pemeriksanaan dokumen (book review). Law, Development & Justice Review sebagai media dalam memenuhi salah satu kegiatan tri darma perguruan tinggi di Fakultas Hukum UNDIP. Selain itu, LDJR juga digunakan sebagai wahana mengembangkan dan atau kebaharuan ilmu hukum dalam menjawab dan menyelesaikan problem solving di bidang hukum mengekspresikan dalam bentuk tulisan ilmiah populer. BKH merupakan salah satu kegiatan yang memberikan pelayanan konsultasi di bidang hukum bagi masyarakat, mahasiswa dan akademisi Universitas Diponegoro Semarang. Maka dari itu, pertanggungjawaban pun disampaikan kepada Dekan Fakultas Hukum Universitas Diponegoro. Law, Development & Justice Review baru terindeks melalui Google Scholar saja dan belum masuk sebagai jurnal bereputasi. Tiada gading yang tak retak, mohon masukan, restu dan dukungan atas keberadaan Law, Development & Justice Review supaya tetap konsistensi agar dapat disejajarkan dengan jurnal ilmiah bereputasi di lingkungan UNDIP.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 6 Documents
Search results for , issue "Vol 6, No 2 (2023): Law, Development " : 6 Documents clear
Penyelesaian Sengketa Tanah Harta Pusako Tinggi Terhadap Ahli Waris Yang Punah Melalui Niniak Mamak Nan Salapan Di Nagari Ampalu Kabupaten Lima Puluh Kota Sonanda, Rahmi; Syuriani, Syuriani; Nazar, Jazman
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.147-165

Abstract

This study aims to find out how to resolve land disputes over the heirs who are extinct through Niniak Mamak Nan Salapan in Nagari Ampalu, Lima Puluh Kota District. In Minangkabau, it is not actually known that there are heirs who are extinct for inheritance, but what is meant here is when the principal or core offspring of a people is gone and the existing inheritance will be passed on to other people who are entitled to the inheritance. This research is descriptive with the type of Juridical Empirical legal research. The author conducts research sociologically, in a field manner where we will examine legal provisions regarding settlement of land disputes over the Pusako Tinggi property if the principal successor is no longer directly present in the life of the Minangkabau people in Jorong Mangunai Tinggi, Kenagarian Ampalu. The results of the research are in the form of a way of resolving legal community disputes in Jorong Mangunai Tinggi using customary regulations that prioritize deliberation so as to produce decisions that are in accordance with customary regulations in the customary law area of Jorong Mangunai Tinggi. In accordance with the field facts obtained by the author, the role of the Ninak Mamak Nan Salapan institution is part of KAN and the results of decisions issued by the Niniak Mamak Nan Salapan institution are submitted to KAN through a regulatory process so that the decision is considered in accordance with existing laws and regulations.
Penerapan Prinsip First to file Dalam Sengketa Merek Terkenal Tanjung, Damar Ramadhanna; Njatrijani, Rinitami; Rahmanda, Bagus
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/halal.v%vi%i.19020

Abstract

The “Superman” brand dispute between DC Comics and PT Marxing Fam Makmur was caused by the use of the first to file principle where the “Superman” brand owned by DC Comics could not be registered because the mark had already been registered by PT Marxing Fam Makmur. This study uses a normative juridical approach. The purpose of this study is to determine the legal protection for bad faith towards the well-known brand, namely "Superman" which is owned by DC Comics in accordance with Law No. 20 of 2016 concerning Marks and Geographical Indications and the application of the first to file principle in this trademark dispute. In the discussion, it is known that the legal protection for the "Superman" brand owned by DC Comics is in accordance with Law no. 20 of 2016 due to bad faith in the registration of the Superman brand owned by PT Marxing Fam Makmur. In this dispute the principle of first to file is used to determine who is entitled to the trademark "Superman". 
Penerapan Restorative Justice Sebagai Mekanisme Penyelesaian Kekerasan dalam Rumah Tangga Di Kejaksaan Negeri Bukittinggi Rahmatsyah, Ricky; Yustrisia, Lola; Munandar, Syaiful
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.166-179

Abstract

The purpose of this study was to find out the implementation, constraints and efforts to resolve the crime of domestic violence at the Bukittinggi State Prosecutor's Office in accordance with the Bukittinggi Police report letter No.Lp/B/254/X/2022/SPKT/Bukittinggi Police/Polda West Sumatra. The research method used is the empirical juridical method and the type of research that the authors conducted was qualitative research. The primary data in this study was data collection through interviews, where in this data collection the authors conducted question and answer directly to the informants. Secondary data in this research is by collecting data through document studies from both books and journals. In essence, restorative justice is regulated in Law No. 23 of 2004, Attorney General Regulation No. 15 of 2020 and Law No. 11 of 2021. In Attorney General Regulation No. 15 of 2020 it is explained that the conditions for restorative justice to occur are that the suspect has committed a crime for the first time, has an amicable note, criminal acts in prison cannot be more than 5 years, losses incurred are no more than Rp. 2.5 Million. In the research that the authors conducted, the results of this study showed that there were no peaceful efforts from the defendant or the victim, so that the defendant was processed by law with a verdict that the defendant was given a prison sentence of 1 month and 8 days. 
Analisa Yuridis Tentang Perjanjian Sewa Menyewa Tanpa Batas Waktu Darmawan, Marchelo Ivan; Suryawati, Nany
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.180-199

Abstract

Land is one of the primary human needs that is needed in various human activities in carrying out their lives, but land is a limited natural resource that cannot increase in number. Population growth is increasing but the supply of natural resources in the form of land cannot increase, this makes land a scarce resource and increasingly difficult to obtain because the price increases every year so that the community has another option, namely by taking legal action in the form of leasing land and / or buildings. The Civil Code and the Law of Treaties in Indonesia do not contain rules regarding time limits in leases, so the author is interested in conducting a juridical analysis  of indefinite lease agreements and how to regulate the termination of indefinite lease agreements in Indonesia. This article uses a normative juridical approach method with  a legislative approach and a conceptual approach, the legal materials used are primary and secondary materials. The result of the analysis is that an indefinite land lease agreement can be made because in the Civil Code, Law Number 5 of 1960 concerning Basic Regulations of Agrarian Principles there is no specific regulation regarding the time limit of the lease agreement, then the indefinite lease agreement can be terminated with the agreement of both parties and must notify the tenant in advance if they want to stop the lease.
Upaya Kejaksaan Negeri Tanah Datar Dalam Mengembalikan Kerugian Negara Berupa Pembayaran Uang Pengganti Amelia, Yusra; Sukmareni, Sukmareni; Munandar, Syaiful
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.129-146

Abstract

The purpose of this research is to understand, know and analyze efforts, obstacles faced and how to overcome obstacles in the way of returning state losses in the form of reimbursement payments based on Decision Number: 42/Pid.Sus-TPK/2022/PN Pdg. The research method used is by using empirical juridical methods. explained that the amount of compensation money is not only the amount of state losses incurred but the amount of property obtained or enjoyed from criminal acts of corruption. In essence, in payment of replacement money there are three stages, namely the stage investigation, prosecution and after the issuance of a decision. If the convict does not pay off the replacement money, there will be an additional penalty in the form of imprisonment.
Tinjauan Yuridis Perjanjian Waralaba Menurut Hukum Positif di Indonesia claudia, jean; Urbanisasi, Urbanisasi
Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review
Publisher : Faculty of Law, Diponegoro University

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.14710/ldjr.6.2023.94-110

Abstract

A franchise is a form of business partnership between two parties known as the franchisor and the franchisee. During the partnership period, the franchisee has the right to use the franchise's trademarks, business systems, technical assistance, and training, as well as other important aspects related to the business. In fact, a franchise agreement has a fairly high level of complexity because it involves many aspects and certain details that must be considered by both parties. The relationship between franchising and default is very close because the implementation of the contract is difficult when there is disagreement about the rights and obligations of each party in the franchise cooperation. If there is a violation on the part of the franchisor, the franchisor has the potential to take legal action. Such violations may include non-compliance with or violation of established procedures in promoting and disseminating the franchise mark, as well as non-compliance with the rules set by the franchisor in managing the business. By conducting this review, it is hoped that it will provide a firmer and more thorough understanding of franchise contracts from the perspective of positive law in Indonesia, so that all parties involved in the agreement can understand their rights and responsibilities and avoid possible legal problems in the future.

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