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INDONESIA
Ius Civile: Refleksi Penegakan Hukum dan Keadilan
Published by Universitas Teuku Umar
ISSN : 26145723     EISSN : 26206617     DOI : 10.35308
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Jurnal Ius Civile intents to publish issues on law studies and practices in Indonesia covering several topics related to International Law, Environmental Law, Criminal Law, Private Law, Islamic Law, Agrarian Law, Administrative Law, Criminal Procedural Law, Commercial Law, Constitutional Law, Human Rights Law, Civil Procedural Law and Adat Law.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 8 Documents
 1 
Search results for , issue "Vol 4, No 1 (2020): April" : 8 Documents clear
PERAN DAN KEWENANGAN OTORITAS JASA KEUANGAN (OJK) TERHADAP KEAMANAN TRANSAKSI DI PASAR MODAL Elvira Fitriyani Pakpahan; Eric Kurniawan; Kelfin Candra; Silvi Yanti
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1929

Abstract

The word "security" is the most popular word that is often asked back when someone is introduced for stock investment for the first time.The large number of crimes that have occurred in capital market activities since 2009 until now has certainly led to much speculation about the authority of the OJK body responsible for overseeing capital markets so this is a problem in this study. The problem is the role and authority of the government in mitigating Indonesian capital market crime and transaction security in the capital market. Keywords :security, OJK's role and authority.
TINJAUAN YURIDIS PENGGUNAAN MEREK SECARA TANPA HAK MENURUT UNDANG-UNDANG NOMOR 20 TAHUN 2016 TENTANG MEREK DAN INDIKASI GEOGRAFIS Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.2001

Abstract

Intellectual Property Rights (IPR) protection is a prerequisite for international sales arrangements, this also affects the regulation of IPR at the national level, Indonesia has ratified many international agreements on IPR and revised IPR laws in accordance with the times. History of Indonesian Trademarks Laws has been amended several times. Changes to the law are carried out to carry out legal order of famous brands and brands. The latest change to the trademark law is the issuance of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications.The use of trademarks without rights is often done by business actors because it is related to the function of the brand as the identity of a product or service that has a reputation and is also related to the function of the brand as a guarantee of the quality of the goods. This is because in the brand inherent economic advantages, especially famous brands. Famous brands are often the object of violation because they are related to the reputation of the famous brand. The concept of Legal Protection of Trademark Rights and the Legal Consequences of the Use of Trademarks Without Rights According to Law Number 20 Year 2016 Regarding Trademarks and Geographical Indications is a problem in this study.Keywords: trademark, legal consequences, use of trademarks without rights.
TINJAUAN YURIDIS PENETAPAN LOKASI PADA PENGADAAN TANAH DALAM SKALA KECIL Rachmatika Lestari; Safrida Safrida; Phoenna Ath Thariq; Yuhdi Fahrimal
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1930

Abstract

Land acquisition is a way to acquire land for development in the public interest. Land acquisition arrangements in Law Number 2 of 2012 concerning Land Procurement for Development in the Public Interest. Article 1 number 2 of the law stipulates that: "Land acquisition is an activity of providing by giving appropriate and fair compensation to the rightful parties”. With the spirit of efficiency and effectiveness, based on Article 53 paragraph (1) Regulation of the Head of BPN Number 5 of 2012 which states that for the procurement of land with an area of no more than 1 (one) hectare, it can be done directly by the Agency which requires land with the Rightful Party, by buying and selling or exchanging or other methods agreed by both parties then amended to 5 (five) hectares with the issuance of Regulation of the Minister of Agrarian Affairs and Spatial Planning / Head of the National Land Agency Number 6 Year 2015. Based on the description that has been stated, the formulation of the problem that will be discussed in this paper is whether there can be a consignment in small-scale land acquisition if there is no location determination? This research is a normative juridical research. This research is focused on examining the application of rules or norms in positive law. The data source used in this study is secondary data, which is done by examining library materials, or laws and regulations. The results showed that the location of land acquisition on a small scale can also be determined. This is because there is the word "can" in Article 121 paragraph (1) of Presidential Regulation No. 148 of 2015 which means that the determination of location can be done and may not be done in small-scale land acquisition. Therefore, in order for the consignment to be registered by the court, even in the small scale land acquisition, location determination can be made as one of the requirements for registration of the application to the court.Keywords: land acquisition, small scale land acquisition, consignment
TINJAUAN POLITIK HUKUM TERHADAP PEMBATASAN PERIODESASI JABATAN KEPALA DAERAH TINGKAT II DI ACEH Eza Aulia
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1932

Abstract

The system of limiting periodicals for second level regional heads of office in Aceh province contains norms that limit a maximum of two terms. Therefore a legal political review is needed by aligning existing regulations with the development of state administration. The purpose of this research is to analyze in the perspective of legal politics related to the limitation of the term of office and to determine the das sollen that is in line with current legal developments. The result of the research is that the norm which limits the two terms of office was born due to the consequences of the old order government where previously the term of office was not limited. The option of limiting the term of office of the second-level regional head currently being implemented is inappropriate because the limitation does not accommodate constituent and territorial binding elements.Keywords: limitation, periods, regional head position, Aceh
PERTANGGUNGJAWABAN PIDANA KORPORASI MENGEDARKAN MAKANAN OLAHAN TANPA IZIN EDAR Kartina Pakpahan; Leviyanti Leviyanti; Heni Widiyaani; Ferris Chandra
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1927

Abstract

The role of the state is important in realizing the availability regulation for the fulfillment of safe, quality, nutritious food. This study aims to find out the positive law regarding criminal liability to perpetrators who circulate food without permission and crime prevention efforts. Using library research, normative juridical methods, analyzing qualitative approach data. Packaged, circulated food must have a marketing authorization. Corporations may be liable to include organs from corporations if they have errors as regulated in Article 91. The act of distributing certain processed domestic and foreign processed food products that are marketed in secure packaging without permission with a criminal fine is regulated in Article 142 of the Food Law. Mitigation efforts are carried out through both penal and non-penal policies. Keywords: criminal liability, corporation, food without permission
PEMENUHAN HAK ATAS INFORMASI PUBLIK DAN PERUBAHAN SOSIAL (STUDI TERHADAP PELAKSANAAN UNDANG-UNDANG NOMOR 14 TAHUN 2008 TENTANG KETERBUKAAN INFORMASI PUBLIK) Afrizal Tjoetra; Phoenna Ath Thariq; Arfriani Maifizar
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1992

Abstract

The fulfillment of the right to public information has not taken place after 10 years of the implementation of Law Number 14 of 2008 concerning Public Information Openness (UU KIP). The research objective is to determine the obstacles and challenges of public agencies in carrying out their obligations and to find out social changes that apply after the implementation of the Public Information Openness Law. This research is qualitative research with a descriptive approach. Data collection relies on various literature related to research topics. The results of the study describe public agencies that have not carried out their obligations due to 4 (four) things, namely the unavailability of data in public agencies, not optimal information management and documentation officials in providing information services, the reluctance of public agencies to be open to the general public and the application of sanctions as a complaint offense. However, the implementation of the Public Information Openness Law has encouraged a social change in society through changes in behavior in public agencies and community.Keywords: Public Information, Public Agency, and Social Change.
TINJAUAN YURIDIS KEWENANGAN PENGELOLAAN DAN PENGEMBANGAN PELABUHAN PENYEBERANGAN BALOHAN SABANG Rachmatika Lestari; Apri Rotin Djusfi; Phoenna Ath Thariq
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.1928

Abstract

In the context of developing the Sabang Free Trade Zone and Free Port, it is necessary to revitalize the development of the Balohan Crossing Port of Sabang City. However, based on Article 11 PP Number 69 of 2001 concerning Ports, it is stated that the management of national, international ports and hub ports is left to BUMN, in this case PT. Indonesian Port (Pelindo). Whereas on the other hand, Law No. 32 of 2004 and Law No. 34 of 1999 indicates the transfer of authority from the central government to regional governments, including in terms of port management. The same is true in the context of Aceh's autonomy, based on Law No. 11 of 2006 concerning the Government of Aceh states that there is a surrender of wider authority to the regions to manage their own household affairs. The problem in this research is how is the authority to operate a port based on positive law in Indonesia? What is the authority for managing regional feeder ports in the context of Aceh's special autonomy? And what are the procedures for the utilization and management of the Balohan crossing port? The method used in this study is a nominative juridical research method. The results of the study showed that the authority to operate the port was technically regulated in Government Regulation No. 61 of 2009 concerning Ports. In the context of Aceh's special autonomy, Law No. 11 of 2006 concerning Aceh Government and PP No. 23 of 2015 concerning National Government Authority in Aceh in the context of Aceh's special autonomy, wasn’t mentioned in detail regarding port management according to the type of hierarchy, but only mentioned regarding port management (in general) managed by BUMN in which the management is managed with the Aceh Government and / or Regency / City Government. Even though the Act and PP aren’t mentioned in detail, the procedures for the utilization and management of the Balohan crossing port can be seen in the Minister of Transportation Decree Number KP. 432 of 2017 concerning the Establishment of a National Port Master Plan. The Ministry of Transportation stated that the Port of Balohan Sabang occupied the PL (Local Feed Port) hierarchy. This means that the Regency / City Government in Prov. Aceh has the authority to manage the Balohan Port in Sabang legally justified and allowed by law.Keywords: authority, management and development, balohan port
IMPLEMENTASI UNDANG-UNDANG NOMOR 35 TAHUN 2014 TENTANG PERLINDUNGAN ANAK (Studi Kasus Penanganan Anak Korban Tindak Kekerasan di Kabupaten Nagan Raya) Nila Trisna; Ida Zulbaidah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 4, No 1 (2020): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v4i1.2000

Abstract

In Law Number 35 Year 2014 concerning Child Protection Article 1 Paragraph (1) explains that a child is someone who is not yet 18 (eighteen) years old. Forms of violence against children are classified into physical, psychological, sexual and social violence. The violence can occur due to several factors including family vulnerability, economic factors, educational factors, socio-cultural factors, and environmental factors. The number of cases of violence against children requires comprehensive treatment. Handling given not only to victims but also to perpetrators, this study uses normative juridical methods and Empirical Juridical This study uses normative legal research methods, therefore the study is prescriptive The approach used in this study, namely the legislative approach state approach, and conceptual approach, the research material is analyzed with a qualitative approach, with the aim to understand the meaning of the legal material that has been collected, which is then interpreted normatively, logically and systematically using inductive methods. Keywords: Implementation, Children, Violence

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