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PRINCIPLE OF EQUALITY BEFORE THE LAW AND DIVERSION ON CRIMINAL JUSTICE SYSTEM FOR CHILDREN IN INDONESIA SUPENO, BAMBANG JOYO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Restorative justice is the ultimate goal of Law Number 11 of 2012 concerning the Criminal Justice System for Children, so that children in conflict with the law must obtain Diversion. Article 7 paragraph (2) and Article 9 paragraph (2) the SPPA Law isdiscriminatory and unjust, both for perpetrators and victims of criminal acts, because there are restrictions, exceptions and disregard for Diversion provisions. In concretto, in 2014-2018 the use of Diversion (49.61%) was lower than formal justice (50.39%), the data showed that some children who were in conflict with the law did not get Diversion. Based on the analysis of concept the principle of equality before the law in ideal-norm thinking, it is necessary to reconstruct the provisions of Diversion in the SPPA Law, namely (a) The principle of equality before the law must be used as a determining indicator in the formulation and process of Diversion law enforcement. (b) Provisions on child-oriented Diversion as the subject of criminal acts will determine justice in the application of Diversion for every child in conflict with the law. (c) Diversion provisions which are oriented towards acts, sanctions and value of losses as a requirement for the application of Diversion, will cause discrimination in the application of Diversion.

CONTROLLING OF IMPORTED OR EXPORTED GOODS RELATED TO BRAND PROTECTION BY CUSTOMS MUCHTAR ANSHARY HAMID LABETUBUN; MARSELO VALENTINO GEOVANI PARIELA
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Customs regulations in Indonesia, there is also a legal mechanism to protect brands. Provisions in Chapter X of Law, Number 10 of 1995 concerning Customs as amended by Act Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, includes a prohibition on import or export restrictions and controls on the import and export of goods the results of infringement of Intellectual Property Rights including Trademark Rights. The role of Customs in the framework of protecting registered brands is as a traffic surveillance apparatus for goods entering or leaving Indonesian territory, the Directorate General of Customs and Excise (DJBC) is required to control the import-export of products resulting from violations in the field of trademark rights, and intellectual property rights and by court order can stop the entry and exit of goods infringing trademark rights. The implementation of the trips agreement in the laws and regulations on Indonesian customs can contribute to the protection of registered trademarks, especially in terms of being the front door in overcoming violations of trademark rights in Indonesia.

CONTROLLING OF IMPORTED OR EXPORTED GOODS RELATED TO BRAND PROTECTION BY CUSTOMS HAMID LABETUBUN, MUCHTAR ANSHARY; GEOVANI PARIELA, MARSELO VALENTINO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Customs regulations in Indonesia, there is also a legal mechanism to protect brands. Provisions in Chapter X of Law, Number 10 of 1995 concerning Customs as amended by Act Number 17 of 2006 concerning Amendments to Law Number 10 of 1995 concerning Customs, includes a prohibition on import or export restrictions and controls on the import and export of goods the results of infringement of Intellectual Property Rights including Trademark Rights. The role of Customs in the framework of protecting registered brands is as a traffic surveillance apparatus for goods entering or leaving Indonesian territory, the Directorate General of Customs and Excise (DJBC) is required to control the import-export of products resulting from violations in the field of trademark rights, and intellectual property rights and by court order can stop the entry and exit of goods infringing trademark rights. The implementation of the trips agreement in the laws and regulations on Indonesian customs can contribute to the protection of registered trademarks, especially in terms of being the front door in overcoming violations of trademark rights in Indonesia.

CHARACTERISTICS WANPRESTASI AND ONRECHTMATIGE DAADAND THE CONSEQUENCES OF THE LAW MARKUS SURYOUTOMO
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Onrechtmatigedaad and wanprestasi claims always rely on a contractual relationship between parties, giving birth to legal rights and obligations. Rights and obligations here are manifested by an achievement. When an achievement is not fulfilled or carried out in accordance with the contents of the agreement, it is called a default. While the act of violating the law the starting point of the lawsuit is the interests of certain parties who are harmed by the actions of other parties, even though between the parties there is nocontractual civil law relationship. In this case, the basis for the lawsuit is sufficient to prove whether the perpetrator's actions have actually harmed the other party. In other words, filing a lawsuit in violation of the law is solely oriented to the consequences caused by other parties experiencing losses. Petitum Lawsuit Defaults the plaintiff's demands in the form of: Granting the plaintiff's claim; Stating the Defendant has a Default, Punishing the Defendant to return the Principal, Interest and Profits to be obtained. In a Lawsuit for Violating the Plaintiff's Lawsuit; Stating the Defendant has committed an illegal act; Punish Defendant to pay compensation in the form of Material Compensation and Moriel Compensation. the merging of Unlawful Acts with default in one claim violates the procedural code of conduct because both must be resolved separately

CHARACTERISTICS WANPRESTASI AND ONRECHTMATIGE DAADAND THE CONSEQUENCES OF THE LAW SURYOUTOMO, MARKUS
UNTAG Law Review Vol 4, No 1 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Onrechtmatigedaad and wanprestasi claims always rely on a contractual relationship between parties, giving birth to legal rights and obligations. Rights and obligations here are manifested by an achievement. When an achievement is not fulfilled or carried out in accordance with the contents of the agreement, it is called a default. While the act of violating the law the starting point of the lawsuit is the interests of certain parties who are harmed by the actions of other parties, even though between the parties there is nocontractual civil law relationship. In this case, the basis for the lawsuit is sufficient to prove whether the perpetrator's actions have actually harmed the other party. In other words, filing a lawsuit in violation of the law is solely oriented to the consequences caused by other parties experiencing losses. Petitum Lawsuit Defaults the plaintiff's demands in the form of: Granting the plaintiff's claim; Stating the Defendant has a Default, Punishing the Defendant to return the Principal, Interest and Profits to be obtained. In a Lawsuit for Violating the Plaintiff's Lawsuit; Stating the Defendant has committed an illegal act; Punish Defendant to pay compensation in the form of Material Compensation and Moriel Compensation. the merging of Unlawful Acts with default in one claim violates the procedural code of conduct because both must be resolved separately

THE URGENCY OF HARMONIZING CONTRADICTORY REGIONAL REGULATIONS THAT HINDERS THE INVESTOR INTEREST ON INVESTMENT Adinda Destaloka Putri Permatasari
UNTAG Law Review Vol 5, No 1 (2021): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Indonesia as a developing country needs investors in developing natural resource potential and national development. The main source of national development funds in Indonesia can be domestic funds. However, the amount of available domestic funds is very limited, so the government uses funds from abroad. One source of funds from abroad that can be used to finance Indonesia's development is foreign investment or investment. Investors in investing have several wrong considerations. only one is the regulations that apply in that country. The existence of regional regulations that are contradictory to the central regulations in the investment sector has made foreign investors less interested in controlling Indonesia, therefore urging the government to take action in overcoming this problem by realizing harmonization between regional and central regulations.

THE VALUES OF ISLAMIC LAW IN JAVA TONDANO COMMUNITY DIVERSITY IN THE MIDDLE OF MINAHASA CHRISTIAN MAYORITY IN THE CONTEXT OF BHINNEKA (DIVERSITY) Fauzul Aliwarman
UNTAG Law Review Vol 4, No 2 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

The Javanese Tondano (Jaton) community is a different entity (with Muslim beliefs) compared to other Minahasa communities. This is formed from a piece of past history that brought them to the land of Minahasa. In an effort to maintain their identity there is a power relationship that is formed between the Minahasa Christians and the Jaton people. This study aims to see the application of Islamic law values in the diversity of the Jaton Society in Minahasa and the challenges of Javanese Tondano Muslim diversity in the perspective of diversity. The method used is through an empirical juridical approach with qualitative descriptive analysis. The results obtained indicate the value of the Jaton community's diversity as an ethnic identity with a very strong belief in holding Islamic law in interacting with local communities. Even though the early and later generations had mixed marriages with Minahasan people themselves and other ethnic groups, they still maintained their beauty and Javanese culture until now. They did not choose to become reformist Islam which has recently flourished in Indonesia. However, their existence is not considered to disturb or threaten the existence of the majority of Christian Minahasa people.

THE TERMS OF ACQUIRING EIGENDOM RIGHT ON LAND THROUGH STATUTE OF LIMITATION (DALUWARSA) Hartini Atikasari
UNTAG Law Review Vol 5, No 1 (2021): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

This paper contains about how to apply the law of transfer of right on land as well as the requirements for acquiring eigendom right on land through statute of limitation(daluwarsa), both before the enactment of the Law Number 5 of 1960 concerning Basic Agrarian Law (hereinafter referred as BAL) and after the enactment of the BAL. Furthermore, the prerequisites for obtaining eigendom right on land will be analysed based on the provisions of the principle of good faith, also describe the reasons for property rights to be nullified and become state land according to the applicable law. There is also in this paper the author uses normative legal research methods by utilizing legal literatures and legal dictionaries. This research resulted in unexpected conclusions because based on literature studies, legal facts were produced if there were differences in the rules for acquiring land right through statute of limitation between the Civil Code and the BAL, so that it had implications for the land law system in Indonesia.

COMPARISON OF LEGAL PROTECTION GUARANTEE IN TRADEMARK RIGHTS IN USA AND IN INDONESIA Prasasti Dyah Nugraheni
UNTAG Law Review Vol 4, No 2 (2020): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Trademarks in trade activities have uses as promotional tool, guarantor for quality and quantity of services and goods produced, and tool to show the origin of services and goods produced. United States of America uses registration system in process of protecting trademark rights, which guarantees legal protection of every person and every company whose trademark rights meet requirements of trading activities. Whereas Indonesia uses constitutive system in process of protecting trademark rights, which guarantees legal protection to first person and first company to register their trademark rights. In this journal, author uses a normative and juridical research method, meaning that legal writing is carried out through analysing secondary legal materials or library materials to find solutions to legal problems that arise and using a problem approach based on the law or general legal rules about protection of trademark rights that apply to present and approach to problems based on a conceptual basis. Results of writing show that United States of America uses process of fulfilling requirements for intention to carry out trade activities or use process so that its Trademark Rights are protected, whereas, Indonesia uses process of registering Trademark Rights so that its Trademark Rights are protected.

JUSTICE IN PARTNED IN THE LEGAL SYSTEM OF PANCASILA AS THE PARENT OF STRENGTHENING THE VALUE OF UNITY AND UNITY Nunung Nugroho
UNTAG Law Review Vol 5, No 1 (2021): UNTAG LAW REVIEW (ULREV)
Publisher : Faculty of Law Universitas 17 Agustus 1945 Semarang

Pancasila as the source of all sources of law in Indonesia. Especially is the side of the value of justice itself which reflects on justice with dignity as a characteristic of justice for the Indonesian nation. The theory of justice which is based on the values of Pancasila, especially the second principle, namely the principle of humanity that is just and civilized and is supported by the first principle of God Almighty. The terms fair and civilized as meant in the second principle of Pancasila, are interpreted by Notonagoro as a sense of humanity that is fair to oneself, to fellow humans, and toGod (causa prima). Based on this fair and civilized humanitarian principle, legal justice that is owned by the Indonesian nation is justice that humanizes humans. According to Teguh Prasetyo, justice that humanizes humans is called a dignified theory of justice. In the sense that even though someone has been legally guilty, that person must still be treated as a human being in accordance with their inherentrights. So that justice with dignity is justice that balances rights and obligations. The value of unity and integrity is based on and imbued with the first sila (divinity), the second principle (just and civilized humanity) and underlies and animates the fourth principle (democracy led by wisdom in deliberation / representation) and the fifth principle (social justice for all Indonesian people). Thus, the value of unity and integrity in question is unity and unity that is godly, humane, human, and just, which are the characteristics of the Pancasila legal system.

Home Page

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Reviewer

Google Scholar

Contact Name
Anggraeni Endah Kusumaningrum

Contact Email
anggraeniwijayanto@yahoo.com

Phone
+62248446280

Journal Mail Official
untagsmglawreview@gmail.com

Editorial Address
Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
Kota semarang,

Jawa tengah

INDONESIA

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Home Page

OAI Link

Editorial Team

Contact

Reviewer

Google Scholar

Contact Name Anggraeni Endah Kusumaningrum

Contact Email anggraeniwijayanto@yahoo.com

Phone +62248446280

Journal Mail Official untagsmglawreview@gmail.com

Editorial Address Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location Kota semarang, Jawa tengah INDONESIA

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Abstract

Contact Name
Anggraeni Endah Kusumaningrum

Contact Email
anggraeniwijayanto@yahoo.com

Phone
+62248446280

Journal Mail Official
untagsmglawreview@gmail.com

Editorial Address
Jalan Pawiyatan Luhur, Bendan Dhuwur, Kota Semarang, Central Java

Location
Kota semarang,

Jawa tengah

INDONESIA