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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 14 Documents
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Search results for , issue "Vol 5, No 1 (2021): April" : 14 Documents clear
PERLINDUNGAN HUKUM TERHADAP HAK KEKAYAAN INTELEKTUAL (HKI) DI INDONESIA Suhaimi Suhaimi; Kurniawan Kurniawan; Roslaini Ramli; Enzus Tinianus; Dedy Yuliansyah
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3276

Abstract

In everyday life, whether we realize it or not, we will always come into contact with the use of Intellectual Property Rights (IPR) on the products we consume or use. In the current era of globalization, IPR has become a very important issue and has always received the attention of various parties, both national and international levels. IPR is the only right that is specifically granted to the inventor / creator, while other parties are prohibited from using the invention / creation. For this reason, IPRs need to be legally protected. The formulation of the problem in this research is what are the steps in providing legal protection for IPR in Indonesia and how is Indonesia's concern as a member of the WTO in providing legal protection for IPR. As a normative juridical research, to obtain data, literature research is carried out in order to obtain legal material, both primary, secondary and tertiary legal materials. The approach method used is the statutory approach, namely by examining the applicable legal provisions which are related to the issue of legal protection of IPR in Indonesia. In the legal protection of IPR, several routes can be taken, namely national, regional, European and international routes. As an effort to protect IPR, Indonesia has ratified several international conventions and harmonized several laws and regulations in the IPR sector. However, the legislation that has been produced should be supported in the form of law enforcement, so that it will have a positive impact on creators. Especially now that there are more and more practices of IPR violations, CD and VCD piracy, song or art piracy and so on. Likewise, violations in the field of brands that are rife with the development of online businesses such as Shopee, Lazada, Tokopedia, Bukalapak, JD.ID, OLX and others, both officially registered and unregistered.
UJI KONTEKS TERHADAP PENERAPAN TEKNIK UNDERCOVER BUY DALAM PROSTITUSI ONLINE DALAM PEMBERANTASAN TINDAK PIDANA PROSTITUSI DI INDONESIA Achmad Royani; Ayu Dian Ningtias
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.2614

Abstract

The regulation of legal certainty for the undercover buy investigation mechanism in online prostitution crimes in this study is to emphasize the validity of the Undercover Buy investigation technique in criminal acts of prostitution through online media, the Undercover Buy research technique is only regulated in narcotics crime, how is the validity of Undercover Buy in law enforcement of the crime of prostitution in this online media. To analyze the existing problems, this study uses a statutory approach, a case approach and a conceptual approach, the results of the Undercover Buy analysis are regulated in the Criminal Procedure Code as a special form of investigation technique, law enforcement of prostitution crime through undercover buy in the future, the investigation is carried out with a series of actions taken by investigators in terms and according to ways regulated by law to seek and collect evidence about criminal acts of prostitution online and to find the suspect.
ITSBAT NIKAH DAN AKIBAT HUKUMNYA (STUDI PENELITIAN DI KOTA LHOKSEUMAWE) Assy'ra Assy'ra; Faisal Faisal; Fauzah Nur Aksa; Dara Quthni Effida
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3571

Abstract

A marriage that is legal according to the law if the marriage is carried out according to each religion and belief and is recorded in accordance with the prevailing laws and regulations and is proven by a marriage certificate. However, some husband and wife only perform marriages that are legal according to religion and are not yet legally valid or carry out an underhand marriage so that it cannot be proven by a marriage certificate, so the couple can apply for Itsbat Nikah to the Syar'iyah Court by fulfilling predetermined conditions. This study aims to determine and understand the implementation of Itsbat Nikah in Lhokseumawe City, the legal consequences of unregistered marriages and recorded marriages. This study uses an empirical or juridical sociological method (sociological legal research) which is descriptive in the form of written or spoken words from people who are used as sources of information. The Itsbat Nikah was held in Lhokseumawe City by involving the APIK Legal Aid Institute which was energized with the government and the Syar'iyah Court in the Mobile Marriage program. The legal consequence of registering Marriage is to obtain legal certainty for married couples and children born in marriage. Itsbat Nikah can make it easier for the community to apply for a legal marriage but under the responsibility it becomes a legal marriage according to positive law and obtains a marriage book. The Lhokseumawe Government needs to socialize to the public about the importance of marriage registration, so that the community becomes more aware of the legal consequences and legal strength of marriage which is recorded in accordance with statutory regulations. Keywords: Itsbat Marriage, Legal Consequences.
EKSISTENSI BANK TANAH DALAM HUKUM AGRARIA DI INDONESIA Nila Trisna; Ilka Sandela
Ius Civile: Refleksi Penegakan Hukum dan Keadilan Vol 5, No 1 (2021): April
Publisher : Prodi Ilmu Hukum, Universitas Teuku Umar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35308/jic.v5i1.3564

Abstract

Development in Indonesia is increasing day by day, it’s resulting in an increasing need for land. However, the limited availability of land will hamper the development process. Based on these conditions, a solution is needed that can guarantee the availability of land. In Law Number 11 of 2020 concerning Job Creation provides a solution related to this, namely the formation of a land bank to ensure the availability of land that can be allocated for future use. This study aims to examine the philosophical and juridical foundations for the establishment of land bank institutions and the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, and the concept of implementing land bank institutions in Indonesia. The research method used is a normative juridical research method. The results show that the philosophical and juridical foundation for the establishment of a land bank is that the state has the state's obligation to create welfare and prosperity for all Indonesian people as stated in the opening mandate and Article 33 of the 1945 Constitution of the Republic of Indonesia. As for the regulation of land banks according to Law Number 11 of 2020 concerning Job Creation, which is contained in Chapter VIII concerning Land Acquisition, Part Four concerning Land in accordance with Articles 125-135. Then, the concept of implementing a land bank in Indonesia can be implemented through the land acquisition mechanism of existing community rights and government designation for state lands. In addition, land banks are not only for the development of public interests that are for profit, but also for the purpose of supporting non-profit Social Interest and agrarian reform programs.

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