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INDONESIA
Jurnal Supremasi
Published by Universitas Islam Balitar Blitar
ISSN : 25273353     EISSN : 25273353     DOI : https://doi.org/10.30957/supremasi
Core Subject : Humanities, Social,
Humanities Law, Crime, Criminology & Criminal Justice Social Sciences
Jurnal Ilmiah Ilmu Hukum, dengan lingkup publikasi hasil Penelitian Hukum Empiris (Sosio Legal), Penelitian Hukum Normatif, gagasan konseptual, kajian, dan aplikasi teori dalam bidang Ilmu Hukum atau keilmuan yang berkaitan dengan bidang Ilmu Hukum
Arjuna Subject : Ilmu Sosial - Hukum
Articles 154 Documents
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An Inequality of Moral Rights in Apple Music Platform as A Digital Copyright Protection Infringement
Jurnal Supremasi Volume 12 Nomor 2 Tahun 2022
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v12i2.1971

Abstract

In the era of disruption, digitalization has replaced traditional culture due to technological developments. One form is distributing music or songs which was all on cassettes or CDs (compact discs) to digital music platforms. Currently, there are many digital music platforms such as Apple Music. One of the problems outlined in this paper is regarding the moral rights of songwriters on Apple Music, while moral rights are rights inherent in the Creator. This paper aims to: (1) find out the protection of the moral rights of songwriters in Indonesian positive Law; (2) discuss how to protect and fulfill the moral rights of songwriters on the Apple Music digital music platform. Through legal research with a normative juridical approach, research results that there is an imbalance in the moral rights of songwriters in Apple Music where their moral rights are not evenly accommodated for all songwriters and tend only to accommodate certain groups (singers, songs, songwriters, and/or big music labels only).
Relation Between The Awarenees of Culinary Msme Actors and Trademark Protection Lidia Kando Br Gea; Hari Sutra Disemadi
Jurnal Supremasi Volume 12 Nomor 2 Tahun 2022
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v12i2.1999

Abstract

MSME is business owned by individuals or business entities in which business actors produce their own products. These products need legal protection although there are still many MSME actors who have not registered their trademarks. According to the data, the number of MSME actors who have registered their trademark to Indonesian Directorate General of Intellectual Property (in Indonesia says DJKI) are still low, whereas a trademark is an immaterial wealth or economic asset for business actors. In addition, unregistered trademarks are also vulnerable to abuse by other parties. This will result in losses for the business actors themselves. Therefore, the trademark needs to be registered in DJKI in order to get legal protection. Based on these problems, this research uses non-doctrinal research methods to examine the regulation of trademark protection for MSME businesses in Indonesia and examine the relationship between the awareness of culinary MSME actors in Batam City and trademark protection. This research indicates that the regulation of trademark protection in Indonesia is contained in the Trademark & Geographical Indications Law. It was also found that there are still MSME actors who do not aware about the legal protection for their intellectual works so they had not registered them. For this reason, the government and all parties are expected to provide literacy on the importance of trademark protection. This will minimize the occurrence of intellectual property infringement and disputes. In addition, the existence of intellectual property protection in Indonesia provides a sense of security and legal certainty for trademark owners.
Implementasi Kebijakan Pemerintah tentang Migrasi Nomenklatur Perubahan Nama Program Studi di Universitas Tulungagung Surjanti Surjanti; Retno Sari Dewi; Anang Sugeng Cahyono; Erly Pangestuti
Jurnal Supremasi Volume 12 Nomor 2 Tahun 2022
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v12i2.2263

Abstract

The issuance of Permendikbudristek concerning the naming of Study Programs (Prodi) which was followed up by the nomenclature of changing the name of Study Programs and /or form of Higher Education (PT) resulted in a major impact on PT. Based on a copy of the Decree of the Minister of Research, Technology and Higher Education Number 234/KPT/1/2019, Tulungagung University migrated 2 (two) study programs, namely the Legal Studies Study Program to the Law Study Program and the State Administration Science Study Program to the Public Administration Study Program. This study analyzes the implementation of the migration process policy of changing the name of the Study Program at Tulungagung University as well as identifying the impacts and constraints during the PD DIKTI data migration process. Through empirical legal research using a sociological juridical approach, research shows that the implementation of the migration process has been carried out following the mechanisms, stages, and coordination with the LLDIKTI Region 7 East Java, can be completed in two years, and the parties affected by the migration process include all academics and institutions. One of the biggest obstacles in the migration process is the incomplete data input on the reporting of the old study program feeder reporting where the migration requires the validity of the previous data.
Kepastian Hukum Undang-Undang Cipta Kerja Bidang Kesehatan Pasca Putusan Mahkamah Konstitusi Nomor 91/PUU-XVIII/2020 Weppy Susetiyo; Muhammad Zainul Ichwan; Anik Iftitah; Tasya Imelda Dievar
Jurnal Supremasi Volume 12 Nomor 2 Tahun 2022
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v12i2.2315

Abstract

The enactment of the extraordinary job creation law changes the legislation in the health sector. However, the status of the Job Creation Law became unconstitutional or conditionally unconstitutional after the decision of the Constitutional Court 91/PUU-XVIII/2020 which granted part of the formal review of the Job Creation Law. Through normative legal research, research is produced that; even though Law 13/2022 has been promulgated on the Formation of Legislation which accommodates the preparation of laws and regulations using the omnibus law method; implementation of the law on: simplification of the articles in the Health Law and Hospital Law, medical health services that are not subject to VAT, providing medical health services not only for health workers and assistants for health workers, and implementing hospital accreditation every three years; remain valid and for two (2) years there may be no other related (new) regulations, for the sake of realizing benefits, certainty, justice, and the greater interest of many.
Pertanggungjawaban Perusahaan PT. Garuda Indonesia yang Diduga Melakukan Praktik Diskriminasi Terkait Pemilihan Mitra Penjualan Tiket Umrah Amelia Ridha Rahman; Rani Apriani
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.1827

Abstract

This research is to determine the form of corporate responsibility PT. Garuda Indonesia, which is suspected of discriminating in the selection of partners for selling Umrah tickets, uses normative legal research methods, by examining literature that focuses on Law no. 5 of 1999. The results of this study are the accountability carried out by PT. Garuda Indonesia in resolving the case, by paying a fine or administrative sanction determined by the Indonesian Competition Commission (ICC), namely paying a fine of IDR 1,000,000,000.00. However, if the fine is late in payment, PT. Garuda Indonesia may be subject to a late fine of 2% per month of the specified fine, in accordance with Government Regulation Number 58 of 2020 concerning the Management of Non-Tax State Revenue.
Akibat Hukum Akta Jaminan Fidusia yang Dibuat di Bawah Tangan dalam Kredit Motor Fransiska Imelda; Arsin Lukman
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.1990

Abstract

Purchasing motorbikes on credit involves third parties, namely consumer finance as financing lenders (creditors), while the party receiving the financing loan is called the debtor. The parties who bind themselves in the fiduciary guarantee deed under the hand do not have legal certainty for the parties, it is different from the fiduciary guarantee deed based on Law Number 42 of 1999 concerning Fiduciary Guarantees that have legal certainty. Fiduciary guarantees are guarantees for rights to movable or immovable objects other than land and buildings which are not included in mortgage rights. Through normative juridical research, research has been produced that the legal consequences of a fiduciary guarantee deed made privately are the frequent executions of unilateral interests, namely the creditor when there is a breach of contract made by the debtor. It is urgent to make a fiduciary guarantee deed which is notarized and registered at the fiduciary guarantee registration office to obtain a fiduciary certificate that has legal force.
Analisis Yuridis Restrukturisasi Kredit Sindikasi Sebagai Akibat Hukum Terjadinya Corona Virus Disease 2019 (Covid-19) untuk Pembiayaan Pembangunan Jalan Tol Zulfi Diane Zaini; Katleya Puspa Nagari
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.2063

Abstract

The policy arrangements for granting syndicated credit facilities to debtors and the process of implementing their restructuring as a legal consequence of the occurrence of Covid-19 for financing toll road construction are urgent to be researched. Through normative juridical research, it concluded that in policy arrangements for granting syndicated credit facilities to debtors, the bank providing the facility must be based on the bank's credit policy and must review it in advance so as not to exceed the Maximum Lending Limit (BPMK). The Bank applies a syndicated credit facility to minimize credit risk. The mechanism for implementing syndicated credit for toll road financing ended with the signing of an addendum credit agreement with related parties, including debtors, credit facility agents, and partner banks. Bank Lampung as Partner Bank conducts credit restructuring analysis and conducts pre-committee and committee meetings to make credit restructuring decisions.
Pertanggungjawaban Pelaku Tindak Pidana Turut Serta Melakukan Korupsi Bantuan Stimulan Perumahan Swadaya Zulfi Diane Zaini; Angga Alfiyan; Elsa Tri Antika
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.2070

Abstract

This research is to find out the basic considerations of judges in making decisions against perpetrators of criminal acts participating in corruption, stimulant assistance for self-help housing, and their criminal responsibility, using normative juridical research methods. The results of the study show that the basis for the judge's considerations in deciding against the perpetrators of the crime of participating in the corruption of self-supporting housing stimulant assistance is based on evidence, statements from witnesses, statements from experts, indictments and charges, the elements that meet in the indictment, as well as aggravating and mitigating circumstances and criminal responsibility for the perpetrators of corruption self-help housing stimulant assistance, namely imprisonment for 1 (one) year and a fine of Rp. 50,000,000., (fifty million rupiahs) ) provided that if the fine is not paid it is replaced by imprisonment for 3 (three) months.
Akibat Perbuatan Melawan Hukum dalam Pelelangan Objek Hak Tanggungan (Putusan Nomor 23/PDT.G/2020/PN.KLA) Veryantoyo Eka Yunanda; Arman Nefi
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.2080

Abstract

The auction for the execution of the mortgage right can be held by the creditor as the holder of the mortgage right for the defaulting debtor, but there are several important aspects in fulfilling a person who can be declared in default or not, this aims to avoid activities or conditions of illegal acts. This study discusses the consequences of an unlawful act in the auction of mortgage objects. In answering the problems in this research, a normative juridical approach is used with the type of analytical descriptive research and uses a qualitative data analysis method. The results of the analysis on the Kalianda District Court Decision No. 23/Pdt.G/2020/PN.Kla stated that there were circumstances that caused debts to be uncollectible immediately and all at once, paying attention to the unexpired term of the agreement is a determining aspect of whether a person can be declared in default and the value of the collateral that is greater than the debt causes the debtor to be in a position not yet eligible to be declared in default. An unlawful act is a determining aspect that can cancel the outcome of the execution of the mortgage due to violating the subjective rights of other people as the owner of the land object of the mortgage, because it violates the subjective rights of other people as the owner of the mortgage object land, causing losses to the debtor because the mortgage object is auctioned off or there is a causal relationship between the error and the loss suffered.
Pertanggungjawaban Pelaku Tindak Kekerasan Pada Hewan: Kajian Hukum Perspektif Hukum Pidana Verlina; Yudi Kornelis
Jurnal Supremasi Volume 13 Nomor 1 Tahun 2023
Publisher : Universitas Islam Balitar, Blitar

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.35457/supremasi.v13i1.2081

Abstract

The violence against animals in Indonesia is a problem in society that is prone to occur. As creatures of God, animals also have the right to live and their welfare is guaranteed. Many crimes that harm animals are committed by individuals who prioritize their own benefits and do not think about the feelings of the animals who are victims. As a rule of law, the law has a role in protecting all parties, including animals. The purpose of this research is to explore what kind of protection is given by the state to animals and to enforce sanctions against perpetrators of violence against animals. This study uses normative research methods with statutory approach methods. As a result, research shows that the problem of violence experienced by animals in Indonesia needs serious attention. Furthermore, the laws governing the protection of animals need to be updated because they are not in accordance with the current situation in terms of the protection that is regulated and the criminal sanctions that ensnare individuals are too light and it is necessary to evaluate their implementation in public life.

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