Law, Development and Justice Review
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.
Articles
141 Documents
<![CDATA[Analisis Hambatan dan Solusi Perlindungan Hukum Konsumen dalam Jual Beli Tas Branded Via Tiktok Shop ]]>
<![CDATA[Adinda Putriani]]>;
<![CDATA[Hendro Saptono]]>;
<![CDATA[Rinitami Njatrijani]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.v6i1.18736
<![CDATA[Online buying and selling is carried out by consumers to facilitate the acquisition of goods, but there are obstacles in providing legal protection to consumers. This research analyzes legal protection barriers and solutions for branded bag consumers via TikTok Shop. The research uses empirical juridical approach methods and the analysis uses qualitative descriptive. The type of data is primary data, namely observation and interviews. The results showed that barriers to legal protection for branded bag consumers on TikTok Shop include; dishonesty of business actors regarding the products they sell; discrepancy between the products ordered and those received by consumers; consumer incomprehension regarding the details of the products purchased, causing misunderstandings between consumers and business actors; and the return complaint process is not easy and takes a long time. The solution are that business actors are required to provide detailed information about the conditions and guarantees of goods and / or services; provide an explanation of the use, repair, and maintenance of the goods; business actors are responsible for providing compensation for damage, pollution, and/or loss of their consumers if there is a complaint; consumers must read and understand the details of the product to be purchased; and consumers follow the terms and conditions regarding the steps to return goods, such as; attach photo proof, receipt number, and unboxing video.]]>
<![CDATA[Analisis Putusan No. 88/Pdt.G/2021/PN Jember Tentang Kewajiban Tergugat Terhadap Perbuatan Melawan Hukum Pada Penggunaan Tanah Bersertifikat Ganda ]]>
<![CDATA[Andhini Septiana]]>;
<![CDATA[Ery Agus Priyono]]>;
<![CDATA[Mira Novana Ardani]]>;
<![CDATA[islamiyati islamiyati]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.v6i1.18742
<![CDATA[Land dispute cases often occur in the community, one of which is the issuance of double land certificates, namely a state where a piece of land has been registered into two or more certificates by BPN Jambi, one of which occurred in the case in decision No. 88 / Pdt.G / 2021 / PN Jember. The research was conducted to determine and analyze the defendant's liability for unlawful acts against the use of double-certified land. The research was conducted using normative and doctrinal juridical methods with descriptive analysis. The results showed that the issuance of multiple land certificates caused losses to overlapping rights to a land so that it became a loss of certainty of the rights and freedoms of one of the aggrieved parties to exercise control and to all control over the land that actually belonged to him. For such losses, then in accordance with Article 1365 of the Civil Code, ordered the defendant to return all double certificates to the Jambi City Land Agency and return the land owned by the plaintiff by legally purchasing the land owned by the plaintiff.]]>
<![CDATA[Perlindungan Hukum Terhadap Konsumen Mengenai Peredaran Makanan Kadaluarsa Ditinjau Dari UU No. 8 Tahun 1999 Tentang Perlindungan Konsumen ]]>
<![CDATA[Putri Wandira]]>;
<![CDATA[Herni Widanarti]]>;
<![CDATA[Muhyidin Muhyidin]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.v6i1.18747
<![CDATA[Food or food products, which are daily human needs, can actually plunge consumers into losses. Not a few irresponsible and negligent business actors sell and distribute expired food products. The circulation of dangerous expired food raises questions about how legal protection is for consumers and what is the responsibility of business actors for losses received. The government as a supervisory body also underlies this question with Law Number 8 of 1999 concerning Consumer Protection. The purpose of this study is to determine legal protection for consumers regarding the distribution of expired food in terms of Law Number 8 of 1999 concerning Consumer Protection and to determine the responsibility of business actors for losses suffered by consumers. This study uses an empirical juridical approach. In this study, the respondents who were used as research data sources were the Palembang Food and Drug Administration (BPOM). The data collected is through primary data in the form of interviews and secondary data through writing, books, internet and laws. The analytical method used in this study was analyzed using qualitative methods, namely data consisting of a series of words. The results of the study show that the form of legal protection for consumers and the responsibility of business actors who harm consumers have been realized with the existence of Law Number 8 of 1999 concerning Consumer Protection and other related laws and with the assistance of the Center for Drug and Food Control (BPOM). as an institution that oversees the circulation of expired food.]]>
<![CDATA[Kekuatan Eksitensi Bisnis Waralaba Sebagai Perjanjian Innominaat Di Indonesia ]]>
<![CDATA[Ferdinand Nicholas]]>;
<![CDATA[Urbanisasi -]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.82-93
<![CDATA[The Indonesian state system is a prosperous country where a safe, comfortable and peaceful society is the benchmark. Welfare development is supported by economic development in the business sector, one of which is the franchise business. Franchise is a business venture that provides benefits for the parties involved in the agreement. Franchise agreements are regulated in general in the Civil Code, Government Regulations and Minister of Commerce Regulations governing franchising. Franchise agreements are like agreements in general that are regulated in the Civil Code and are bound by the principles of the agreement. However, in reality there is often an imbalance or deviation from the principles committed by one of the parties. Therefore it is needed, a law that specifically regulates the existence of a franchise agreement. Legislation is made by the House of Representatives which must be drafted and ratified as soon as possible so as to create legal certainty and protection for the parties.]]>
<![CDATA[Jaminan Perlindungan Hukum Hak-Hak Guru Dengan Status Honorer Di Sekolah Negeri Kota Semarang ]]>
<![CDATA[Rizkya Indah Permata Safitri]]>;
<![CDATA[Sonhaji Sonhaji]]>;
<![CDATA[Suhartoyo Suhartoyo]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.51-65
<![CDATA[Teachers are professional teachers who are a determining factor for the quality of nation. However, there are still problems regarding teachers, such as cases of teachers being reported to the authorities when carrying out their job, cases related to the lack of wages received, or cases of schools lacking the number of teachers. The existence of cases of teachers facing the law proves that legal arrangements and protection are needed, especially for honorary teachers who until now have not received clarity regarding their employment status. The purpose of this study is to determine the arrangement of honorary teachers and forms of legal protection guarantees for teachers with honorary status in public schools in the city of Semarang. This study uses empirical juridical research methods so that gaps can be found between existing rules and their implementation in society. The results of this study indicate that the form of guarantee of legal protection for teachers with honorary status is regulated by a work agreement and the implementation of legal protection arrangements for teachers with honorary status in Semarang City has been partially implemented according to the normative provisions set by the central government.]]>
<![CDATA[Kebijakan Pelayanan Publik Dalam Penyelenggaraan Layanan Pertanahan Akhir Pekan (PELATARAN) ]]>
<![CDATA[Budi Arif Muslikan]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 1 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.66-81
<![CDATA[Pelataran is a form of public service at the land office which provides service priority counters and land service programs on weekends, namely giving the public the opportunity to apply for the issuance of land certificates, especially on Saturdays and Sundays. Applicants who receive Pelataran services are specifically intended for landowners without intermediaries or without power of attorney. The purpose of applying for a land certificate at the land office is to obtain strong evidence of land ownership and provide legal certainty for the owner. Therefore, the aim of this research is to analyze the role and quality of the Pelataran services provided by the Demak district land office. Descriptive analysis is used to see the relationship and linkages between theory and the results of analysis in the field. The research object is the Demak district land office with research subjects namely land office employees and the people who access the Pelataran program. The results of the study show that the Pelataran program is effective in providing outreach and easy access for the community on weekends in submitting land certificate applications. The role of the Pelataran program has helped minimize the occurrence of administrative defects and acts of administrative procedural irregularities, illegal levies, and provided time effectiveness in processing land titles to the people of Demak district. Then, the Demak district land office also provides public complaints regarding the Pelataran program so as to provide information disclosure and service improvement. The Pelataran registration counter is also a priority for people who come on Saturdays and Sundays and also apply digital services.]]>
<![CDATA[Penerapan Teknologi Watermark Sebagai Upaya Perlindungan Hak Cipta Film pada Platform Bioskoponline.com ]]>
<![CDATA[Irwansyah Dhiaulhaq Mahendra]]>;
<![CDATA[Rinitami Njatrijani]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 3 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.236-253
<![CDATA[Digitalization provides option for film-maker industry to penetrate their film release into digital mediums through film streaming platforms, one of which is Bioskop Online. Along with the ease of accessing film digitally, there is still a criminal loophole such as piracy or hijacking that goes alongside. The purpose of this reseacrh is to analyze copyrights protection on films that are released on film streaming platforms according to Law Number 28 of 2014 concerning Copyright, and also the implementation of watermark technology applied by Bioskop Online as an effort to protect the copyright of content in it. This research using normative juridicial research method through a statute approach, also using secondary data sources and another supporting data in the form of interviews with Head of Content in Bioskop Online platform. The results concluded that films that released in Bioskop Online streaming platform is legally protected by the Copyright Law. Furthermore, the watermark technology used by Bioskop Online is also protected by Copyright Law as a copyright management information, copyright electronic information, and a technological protection measures.]]>
<![CDATA[Kedudukan Karya Seni Digital dalam Sistem Non-Fungible Token (NFT) Terhadap Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta ]]>
<![CDATA[Gabriel Rhema Chrisnando]]>;
<![CDATA[Budi Santoso]]>;
<![CDATA[Bagus Rahmanda]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 3 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.219-235
<![CDATA[Non-fungible tokens (NFTs) make it easier for artists to utilize the moral and economic rights to their artworks in digital form. Unfortunately, the implementation of NFTs is still not accompanied by special regulations governing it. Law Number 28 of 2014 concerning Copyright can at least be a reference for its regulation because after all, one of the assets underlying the sale and purchase of NFTs is a work of art which is also protected by copyright. The purpose of this study is to analyze the position and legal protection of digital artworks in the NFT system from the perspective of Law Number 28 of 2014 concerning Copyright. This research uses a normative juridical approach method by taking secondary data sources and supporting data in the form of interviews with NFT creators which are then analyzed qualitatively. The results showed that digital artworks in the NFT system have the same position as works of art in general as they are also protected by copyright under Article 40 of Law Number 28 of 2014 concerning Copyright. However, there are several aspects in its implementation that are different from the Copyright Law, such as the royalty acquisition mechanism which is not based on a license agreement, but uses a smart contract which has become a default option offered in the NFT marketplace platform system. The NFT marketplace platform and the government exist as parties in charge of protecting copyright law.]]>
<![CDATA[Analisis Yuridis Rekomendasi Bawaslu Tentang Diskualifikasi Petahana (Studi Kasus Pilkada Kabupaten Tasikmalaya Tahun 2020) ]]>
<![CDATA[Nur Jani]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 3 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.200-218
<![CDATA[This research was motivated by the polemic on the recommendation of the General Election Supervisory Board (Bawaslu) of Tasikmalaya Regency regarding the disqualification of incumbent Tasikmalaya Regent Candidates who allegedly took advantage of government programs during the 2020 Tasikmalaya Regency Regional Head Election (Pilkada). Meanwhile, the General Election Commission (KPU), which did not implement the recommendations, was decided to have acted according to its authority. Demonstrations were rife everywhere which raised the precariousness of the Pilkada at that time. So, the author's research object is the disqualification recommendation documents which are formally and materially reviewed according to Law Number 10 of 2016 concerning the Election of Governors, Regents, Mayors with qualitative research of the type of retrospective case studies collecting recommendation documents disqualified from Bawaslu, KPU, DKPP, sources of legislation, interviews and the mass media. The results showed that the recommendation for disqualification violated authority in terms of time (onbevoegdheid ratione temporis), so that the Bawaslu was considered unprofessional.]]>
<![CDATA[Penyelesaian Sengketa Tanah Harta Pusako Tinggi Terhadap Ahli Waris Yang Punah Melalui Niniak Mamak Nan Salapan Di Nagari Ampalu Kabupaten Lima Puluh Kota ]]>
<![CDATA[Rahmi Sonanda]]>;
<![CDATA[Syuriani Syuriani]]>;
<![CDATA[Jazman Nazar]]>
<![CDATA[ Law, Development and Justice Review Vol 6, No 2 (2023): Law, Development & Justice Review ]]>
Publisher : <![CDATA[Faculty of Law, Diponegoro University ]]>
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DOI: 10.14710/ldjr.6.2023.147-165
<![CDATA[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.]]>
