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JURNAL HUKUM MEDIA JUSTITIA NUSANTARA

MJN
Website

Published by Universitas Islam Nusantara

ISSN : 20858884 EISSN : 28295889 DOI : https//doi.org/10.30999

Core Subject : Social,

Law, Crime, Criminology & Criminal Justice

Media Justitia Nusantara (MJN) is a journal that intends to publish most quality research papers in the fields of law or criminology and social justice studies. The journal is keen to present relative overview of law, system-wide trends and problems on law, crime and justice throughout the world. Journal provides a medium for social scientists to report research findings with respect to crime and justice through innovative and advanced methodologies. The Journal encourages in submission of articles, research notes, and commentaries and also invites papers based on empirical research, theoretical analysis and debate, and policy analysis and critique that centre on crime and broadly defined justice-related topics in an international perspective.

Arjuna Subject : Ilmu Sosial - Hukum

Articles 7 Documents

Search results for , issue "Vol 7, No 2 (2017): September 2017" : 7 Documents clear

Perlindungan Hukum Terhadap Rahasia Dagang Obat-Obatan Tradisional Atas Pemanfaatan Tanpa Hak dalam Sistem Hukum Hak Kekayaan Intelektual Indonesia Siti Hamidah
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Secret commerce Protection, be accepted by the community industry, but instead secret commerce protection is still not entirely accepted by traditional communities in which their relations are still based on traditional ties. Traditional medicines have long been "living" in a traditional society, is regarded as a valuable economic asset. Of an object that needs to be maintained became the object of economic value. Countries that feel has a wealth of cultural and natural resources began to see that the traditional medicine trade should be optimized in the competition at the international level. The topics that will be examined include, How is the Legal Protection of Traditional Medicine Trade Secrets for the use of without rights in the Indonesian Intellectual Property legal system? And how is the legal standing of the Trade Secret of Traditional Medicines in order to protect Indonesian Intellectual Property Rights. The method used in the study of law is normative, analytical descriptive. The study was conducted in one step, namely, library research to obtain secondary data in the form of primary legal materials and secondary law. Analysis of the data used is the juridical analysis of qualitative data is analyzed qualitative data obtained through literature searches and interviews of primary data, the data analysis is presented in the form of descriptions. The results of the study found that the Legal Protection of Intellectual Property Rights to the trade secrets of traditional medicines would not be able to be carried out either because it collided with the character of traditional knowledge that was mostly anonymous, communal (collective), did not contain novelty, was not written / documented and forever belongs to the community while the IPR system requires the opposite. Indonesia already has legislation in the field of intellectual property rights but its implementation is still questionable because various factors include law enforcement and the public who are unfamiliar with the legal aspects of protecting intellectual property rights.

Penegakan Hukum Pelaku Tindak Pidana Narkotika di Lingkungan TNI Berdasarkan UU No. 35 Tahun 2009 Tentang Narkotika Dan UU No. 31 Tahun 1997 Tentang Peradilan Militer Dian Irawan
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The danger of narcotics abuse is able to spread to all levels of society, including the Indonesian National Army (TNI). Considering that TNI is a tool of national defense, narcotics crimes committed by members of the TNI will refer to the Criminal Procedure Code and specifically be examined through Military Courts, therefore it is interesting to examine the prosecution of TNI members who commit narcotics crimes under Law Number 35 , 2009 concerning Narcotics Jo. Law No. 31 of 1997 concerning Military Courts and the effectiveness of the application of criminal penalties against law enforcement in the perspective of the objectives of narcotics crime in the TNI. These problems were examined by using research methods through Descriptive Analysis of research specifications and normative juridical approach methods, as well as through qualitative juridical data analysis methods, namely data analysis with concepts or theories without using formulas and numbers. Based on the results of the study, it was found that the process of prosecution of TNI members who committed criminal acts of narcotics was examined by applying Law No. 35 of 2009 concerning Narcotics and the Criminal Procedure Code, while in additional criminal cases the dismissal of military service was based on Article 26 KUHPM. The effectiveness of the application of criminal penalties in the form of dismissals from the military service can provide a deterrent effect in the context of realizing Narcotics-free TNI organizations, the enforcement of discipline and the order of life of TNI soldiers.

Sita Jaminan (Conservatoir Beslag) Menurut Herziene Indonesisch Reglement (HIR) Dalam Praktik Dikaitkan Dengan Kepastian Hukum dan Perlindungan Hukum Agus Surachman
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Not all Agreements will proceed according to what is promised, often we find that the agreement is not implemented or only partially done, and will make new legal problems, commonly called wanprestasi. Default means to break the promise (not keeping promises), or the absence of an achievement. The settlement of the default case can be done in 2 ways, ie through non-litigation (litigation) or litigation (legal process) process, the default lawsuit accompanied by the confiscation petition (conservatoir beslag) filed by the plaintiff to the Court is often not in accordance with what is expected by Plaintiffs because the rulings are less clear and the consequences of the judgment can not be executed (non-executable). Based on the above description, the author will write a scientific paper in the form of this thesis with the title: "Sita Jaminan (conservatoir beslag) According to Herziene Indonesisch Reglement (HIR) in Practice Associated With Legal Certainty and Legal Protection", the main issues that will be The study can be identified as follows: How does Sita Penjaminan (Conservatoir Beslag) in Practice be associated with Legal Certainty and Legal Protection? and How is the concept of Sita Penjaminan (Conservatoir Beslag) that is non-executable for the realization of Legal Certainty and Legal Protection? The research method used in this research is analytical descriptive method with normative juridical approach method. Data collection techniques used are document studies through library research to obtain secondary data, supported by interviewing through field research. The data analysis, is a juridical-qualitative analysis. Based on the results of research that has been done, the authors can take conclusions, namely as follows: Sita Collateral (Conservatoir Beslag) in practice associated with Legal Certainty and Legal Protection has not been fully implemented because of the often unclear verdict so that the confiscation of confiscation (conservatoir beslag) Petitioned by the plaintiff or creditor to be useless (illusoir), and as a result of his law the plaintiff has no legal protection and legal certainty. The concept of Sita Jaminan (Conservatoir Beslag) which is non-executive for the realization of Legal Certainty and Legal Protection is to be relevant between Posita Lawsuit, Petition Lawsuit, Legal Consideration in Decision and in Judgment of the panel of judges themselves, so Sita Jaminan (Conservatoir Beslag) will Is performed in accordance with the expectations of the Plaintiff and is justified by law in accordance with applicable legislation.

Kepastian Hukum Terhadap Perlindungan Tenaga Kerja Alih Daya (Outsourcing) Dikaitkan Dengan Habis Masa Kontrak Kerja Pasca Putusan Mahkamah Konstitusi No.27/PUU-IX/2011 dan Putusan No.7/PUU-XII/2014 Rokhana Rokhana
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

Legalization of outsourcing based on Law Number 13 of 2003 concerning Manpower caused controversy. Parties who disagree, especially Labor and Trade Unions, consider the outsourcing system to be a form of modern capitalism. The concept of outsourcing in the employment system in Indonesia is a policy of labor market flexibility that will improve the investment climate, open the expansion of employment opportunities in the formal sector and reduce poverty. The author will examine how legal certainty for the protection of outsourcing workers after the contract period ends and how forms of legal protection for outsourcing workers when the contract period ends. The research method is descriptive analytical, which describes various applicable laws and regulations related to legal theories and the practice of implementing positive laws related to the problems to be studied. The approach method used is normative juridical (doctrinal), which is a law that is conceptualized as what is written in legislation. The research was conducted through a single stage of library research and the techniques used in data collection, namely research on documents relating to the problem being studied. Secondary data in analytical descriptive research with normative juridical approach were analyzed qualitatively.The study found that legal certainty regarding the protection of outsourcing workers after the Constitutional Court's decision regarding the expiration of the contract period was given a guarantee of welfare and workers' rights in accordance with Law No. 13 of 2003. Legal Protection for Workers in the PKWT work system and outsourcing whose contract expires is a guarantee of Legal Protection, namely the appointment of permanent employees or PKWTT system work agreements.

Tindakan Preventif dan Represif Non-Yustisial Penegakan Hukum Administrasi Oleh Eksekutif Syahrul Machmud
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

This study aims to determine the effectiveness of administrative environmental law enforcement by the executive. As it is known, enforcement of environmental law can be done through administrative law, civil law and criminal law. Administrative law is considered to have a strategic value that functions as an instrument of control, prevention and prevention of environmental pollution and / or damage. And administrative sanctions are intended so that violations can be stopped. Thus administrative sanctions become a juridical instrument that is both preventive (preventive) and at the same time repressive non-judicial (administrative sanctions imposed by the executive). This study uses a normative juridical method, and data collection is done through literature studies and document studies. From mass media, it can be seen that environmental pollution and / or destruction continues, this shows that the enforcement of administrative law by the executive has not run optimally. The Environment Supervisor (acting as a preventive measure) who is the spearhead of executive administrative law enforcement is very inadequate, this has an impact on the lack of repressive non-judicial actions (giving sanctions without going through a court). There are still too many weaknesses in the implementation level, so that the enforcement of administrative law by the executive must get serious improvement.

Analisis Permasalahan Hukum E-Commerce dan Pengaturannya di Indonesia Tansah Rahmatullah
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

E-commerce has a unique characteristic where transactions can be done anywhere, anytime, in a flexible way and carried out online, but can cause legal certainty, namely whether the trade transaction is lawful, fulfilling the elements of validity, jurisdiction, and legal protection. whether it is related to buying and selling transactions or related to the use of personal data (collecting). This study uses a normative juridical research method by reviewing and analyzing secondary data in the form of primary legal materials, secondary and tertiary legal materials. The specification of this study is descriptive analytical research to describe and analyze e-commerce problems through the library research approach which will be presented descriptively. This normative legal research uses secondary data types because it focuses more on library research. Based on research, in addition to the existing positive laws related to civilization, namely the Civil Code, Indonesia has the ITE Law and the Trade Law as well as the Government Regulation on the Implementation of Electronic Transactions and Systems which is the legal umbrella of e-commerce transactions, however harmonization is needed for activities e-commerce has legal certainty and guarantees protection. In fact, given its unique characteristics of e-commerce activities, a selfregulation (Sui Generis) is needed, like the Personal Data Protection Act.

Perspektif Yuridis Kedudukan Perbankan Sebagai Pengelola Dana Kartu Uang Elektronik (Electronic Money) Terkait Dengan Perlindungan Konsumen Fontian Munzil
Jurnal Media Justitia Nusantara Vol 7, No 2 (2017): September 2017
Publisher : Program Studi Magister Ilmu Hukum Universitas Islam Nusantara

The development of information technology, especially in the business world is growing rapidly including payment innovation has changed from physical cash to non-physical electronics that are very dynamic. Electronic money also called e-money is a product that has shifted the role of cash in trading. Financial Industry has a large role as an issuer of electronic money cards and consumers are card users including the role of the National Banking Authority. The problem that will be examined by the writer is what is the legal standing of the Bank as the manager of public funds for the ownership of funds in electronic money card? and how far the laws reaches legal protection for the Bank's consumers on the ownership of electronic money? This study uses a normative juridical approach that is used to analyze the research data including also examining vertical and horizontal synchronization of the relevant laws and regulations. Research specifications are descriptive analysis to provide data that is as accurate as possible and actual. The stages of library research collect data obtained from secondary data using primary, secondary and tertiary legal materials. The results of the study found, first, the legal standing of the Bank as a manager of third party fund sourced from electronic money has been clearly regulated by laws in the banking sector except the treatment of the status of customer fund electronic money which recorded at the Bank unlike treatment of third party fund that are guaranteed by LPS, secondly, laws cannot reach maximum legal protection against electronic money card holder losses, balance in standard clause agreements, guarantee funds for electronic money by LPS, and in particular ownership of unregistered electronic money cards based on cardholders.

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Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA

Abstract

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Abstract

Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Sukendar

Contact Email spsilmuhukum@uninus.ac.id

Phone +628122416324

Journal Mail Official sukendarsps@uninus.ac.id

Editorial Address Jl. Soekarno - Hatta No. 530, Bandung

Location Kota bandung, Jawa barat INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Sukendar

Contact Email
spsilmuhukum@uninus.ac.id

Phone
+628122416324

Journal Mail Official
sukendarsps@uninus.ac.id

Editorial Address
Jl. Soekarno - Hatta No. 530, Bandung

Location
Kota bandung,

Jawa barat

INDONESIA