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Iuris Studia: Jurnal Kajian Hukum
Published by Bunda Media Grup
ISSN : 27458369     EISSN : 27458369     DOI : -
Core Subject : Social,
Law, Crime, Criminology & Criminal Justice
Iuris Studia: Jurnal Kajian Hukum published by BUNDA MEDIA GRUP which includes articles on the scientific research field of Law Sciences, includes the results of scientific research and reviews on selected disciplines within several branches of legal studies (sociology of law, history of law, comparative law, private law, criminal law, procedural law, economic and business law, constitutional law, administrative law, international law, etc). Iuris Studia: Jurnal Kajian Hukum published three times a year in February, June and October E-ISSN: 2745-8369
Arjuna Subject : Ilmu Sosial - Hukum
Articles 139 Documents
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Perlindungan Terhadap Nasabah Dalam Pengamanan Financial Technology Peer To Peer Lending Surtan Harista Muda Hasibuan; Bismar Nasution; Sunarmi Sunarmi; Mahmul Siregar
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.150

Abstract

Many problem undergone by fintech clients have encouraged the writer interested in doing the research with the title, “Protection for Clients in Securing Financial Technology Peer to Peer Lending. The research problem are as follow : 1)how about the regulation on financial technology of peer to peer lending in Indonesia, 2) whether the legislation in Indonesia related to it has provided security and protection for clients, and 3) whether the regulation on it has provided security and protection for clients. The research employs normative and descriptive analytic method. The legal theories used in the research are the theory of legal protection and the theory of legal certainty
Pemberian Remisi Bagi Narapidana Tindak Pidana Korupsi Di Lembaga Pemasyarakatan Kelas IIA Binjai Supian Natalis; Madiasa Ablisar; Mahmud Mulyadi; Syafruddin S. Hasibuan
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.151

Abstract

Corruption in Indonesia occurs systematically and spreads widely; it does not only injure the country financially but also violates the social and economic rights of the people. In order to eradicate corruption in Indonesia, the government has attempted to make various preventive and repressive strategies. The repressive strategy is aimed to give the sanction quickly and accurately imposed on those who have committed corruption. One of the attempts is the moratorium policy in giving remission to corrupt prisoners. However, Law No. 12/1995 on Penitentiary states that one of the prisoners’ rights is to obtain remission, including the rights of the corrupt prisoners.
Perlindungan Hukum Terhadap Merek Terkenal Dari Tindakan Pelanggaran Merek/Merek Tiruan Di Medan (Studi Undang-Undang No. 20 Tahun 2016 Tentang Merek Dan Indikasi Geografis) Siti Nur Suflah
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.185

Abstract

Legal protection is a protection given to the subject law in the form of legal instruments, both preventive and repressive nature, both written and unwritten. Many trademarks circulating in the national market have similarities between one brand and another, both in general and in general, and this is an act that is clearly detrimental to the State and the entrepreneur who holds the rights. the brand. The type of research method used in this research is normative juridical research, namely research on the applicable laws and regulations in this case is Law no. 20 of 2016 concerning Brands and Geographical Indications. . The nature of this research is descriptive analytical where this research seeks to describe, describe and analyze the problems that arise, then look for the correct answer as a solution to the problem. The results of the discussion of the issue of the presence of the 2016 trademark law are useful for improving protection for brand owners and also providing adjustments to the development of intellectual property in Indonesia. The application of legal protection for well-known marks in Indonesia is important to ensure legal certainty from well-known brand rights holders that have been recognized by the state, a little guarantee of legal protection for well-known marks is currently contained in Article 21 of Law number 20 of 2016 concerning Marks and Indications. Geographically along with the explanation, then in Article 84 of the Minister of Law and Human Rights number 67 of 2016 concerning Trademark Registration and finally in the Statute of the Supreme Court number 022/HKI/2012, legal protection can be implemented if there is awareness from the public regarding well-known marks and the creation of a legal culture of obedient Indonesian society ( obey the law)
Analisis Yuridis Keabsahan Akta Sewa Menyewa Yang Direnvoi Secara Sepihak (Studi Putusan Nomor 146/PDT/2018/PT.Bdg) Tri Wahyuni Limbong
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.173

Abstract

One of the deed of agreement made by a Notary is a deed of lease agreement, namely: an agreement, whereby one party binds himself to provide enjoyment of an item to another party for a certain time, with payment of a price agreed by the latter party. This research is descriptive analysis. Descriptive means being able to provide a clear and systematic description of the problem to be studied. Analysis means analyzing carefully the problem based on the picture and facts so as to be able to answer the problems related to this research. The validity of the lease deed which is renvoied or changed unilaterally by the Notary causes losses to the parties as well as to other parties. Mistakes made by this Notary can result in a rental deed which is changed unilaterally to become null and void (van rechtswege nietig), can be canceled (vernietigbaar), or only has proving power as an underhand deed (onderhands act). The Notary's responsibility for the validity of the lease deed which is renvoied or changed unilaterally is referring to Article 65A UUJN, Article 1869 of the Civil Code and can also be held criminally responsible for the Notary, namely the Notary can be punished criminally, if it can be proven in court, that the Notary intentionally together with the parties/appearers to make a deed with the intent and purpose of benefiting only certain parties or appearers or harming other parties. The decision of the Panel of Judges on case number 146/PDT/2018/PT. It was felt that Bdg had not given justice to the Plaintiff because the violation of the regulations regarding changes to the contents of the deed or renvoi resulted in the deed only having evidentiary power as an underhand deed and could be used as an excuse for the parties to demand reimbursement of costs, compensation, and interest from a Notary
Perlindungan Hukum Terhadap Tanah Hak Milik Masyarakat Pasca Bencana Alam Erupsi Gunung Sinabung Fitriani Fitriani; Masitah Pohan; Ida Nadirah
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.162

Abstract

Indonesia is located in a natural disaster prone location where various types of natural disasters, including earthquakes and tsunamis, volcanoes, floods, landslides, droughts, forest and land fires, and other natural disasters still occur very frequently. Post natural disaster events also have a systemic impact on land issues, especially for areas that are most severely affected by natural disasters, where one of the impacts is the loss of land boundaries caused by changes in land surface due to natural disasters, mainly caused by the earthquake and tsunami.The problems raised in this study, namely how the rule of law against community land rights after the Mt. Sinabung eruption natural disaster, the position and status of community property rights after the Mt. Sinabung eruption natural disasters and legal protection of community land ownership after the eruption. Mount Sinabung.To find answers to these problems, this research uses descriptive analytical normative legal research, where this normative legal research uses secondary data as primary data and also uses primary data as complementary data using data collection techniques carried out by means of literature study, as well as Qualitative data analysis.The rule of law for community property rights after the natural disaster of the Mt. Sinabung eruption is broadly regulated in Article 27 of Law Number 5 of 1960 Concerning Basic Agrarian Regulations which states that one of the causes of the abolition of ownership rights is because the land was destroyed, however, this provision does not automatically mean that the community's community-owned land can be abolished. There are a number of activities that must be carried out until the community's community-owned land is removed. The position and status of community property rights after the natural disaster of the Mt. Sinabung eruption, which basically remains the property of victims of natural disasters and victims of disasters do not lose their property rights before the disaster belongs to disaster victims. The state cannot directly control the ex-disaster land even though the land owner has died. Land ownership should still be returned to the community, especially for areas that are still inhabited by indigenous peoples. Legal protection of community land rights after the occurrence of natural disaster of the Mt. Sinabung eruption is through legal protection of individual ownership holders and protection through land consolidation and relocation activities
Urgensi Penerapan Omnibus law Untuk Menyelesaikan Permasalahan Pembentukan Regulasi Di Indonesia Roman Situngkir
Iuris Studia: Jurnal Kajian Hukum Vol 3, No 1 (2022): Februari - Mei
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v3i1.193

Abstract

The use of omnibus law as a mechanism to overcome regulatory obstacles due to too many (hyper regulation) and overlapping (overlapping) existing regulations. This mechanism is essentially something new and can act as a breakthrough for the reformulation of the preparation of laws and regulations in Indonesia. This research is a normative legal research, so according to the type and nature of the research, the data sources used are secondary data consisting of primary legal materials and secondary legal materials consisting of books, scientific journals, scientific works, and articles that can provide explanations about the law. primary material. The nature of this research is descriptive analytical. As for what is meant by descriptive analytical research is a research that can describe in detail and systematically about the object under study. Primary legal materials are legal materials that bind or make the public understandable, including legal products that are the subject of study and legal products as tools for forming critical law. Secondary legal materials include explanations of primary legal materials in the form of expert doctrine found in books, journals, and websites. The results show that the main characteristic of omnibus law in the United States is that it helps parliamentarians to form consensus. This is because every member of parliament has the right to attach his draft law to the omnibus law. So the application of omnibus law is more of a political style or motive to smooth the passage of a bill into law, while the main characteristic of omnibus law in Turkey is a political motive or style to speed up and shorten the legislative process by using other auxiliary methods. There is no difference in the legislative process between those proposed by the government and those proposed by members of parliament as in Turkey. Then it goes into the extent to which the urgency of implementing the omnibus law in solving the problems of the formation of regulations in Indonesia can be seen that so far there are several problems such as: a) hyper regulation, b) inharmonious regulation and overlapping.
Hambatan Pengajuan Klaim Asuransi Jiwa Disebabkan Kelalaian Pihak Pemegang Polis Terkait Dengan Kewajiban Pemberitahuan Riwayat Kesehatan (Studi Putusan Badan Penyelesaian Sengketa Konsumen Nomor : 005/BPSK-TT/KEP/IV/2016) Nanda Lucya Gultom; Hasim Purba; Sunarmi Sunarmi; Dedi Harianto
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.181

Abstract

Honest information from the Insured is one of the conditions that must be met before an insurance agreement is known as the "principle of good faith". One form of violation of this principle is hiding facts about the Insured's personal health by dishonestly conveying information contained in the Consumer Dispute Settlement Arbitration/Mediation Decision Number: 005/BPSK-TT/KEP/IV/2016 issued on April 14,2016 which is the discussion in this study. The formulation of the problem in this study are: how is the regulation regarding the obligation to notify health history in life insurance, what are the obstacles that will occur in submitting a life insurance claim if the policyholder commits negligence related to the obligation to notify health history and how is the analysis of BPSK legal considerations on the cancellation of the letter. rejection of claims made by the Insurance Company against the submission of a death claim (Study of the Decision of the Consumer Dispute Settlement Agency Number: 005/BPSK-TT/KEP/IV/2016). This research method uses a descriptive normative juridical approach. The data used are primary data, namely secondary data collected by library research and interview results. All data were analyzed by qualitative data analysis method. Based on the research, the regulation regarding the Obligation of Notification in Insurance is stated in Article 52 of the Financial Services Authority Regulation Number: 23/POJK.05/2015 concerning Insurance Products and Marketing of Insurance Products and in Article 251 of the Commercial Code (KUHD). Obstacles that occur in the filing of a Life Insurance Claim Due to the Negligence of the Policyholder Regarding the Obligation of Health History Notification is the non-disbursement of the sum insured or called Claim Rejection. Analysis BPSK's legal considerations regarding the cancellation of the claim rejection letter made by the insurance company against the submission of a death claim in the decision are that there are several things that are wrong in the BPSK judge's analysis in the form of discrepancies between legal facts and the chronology of the case
Affirmative Action HAM dalam Pemberdayaan Perempuan di Papua Elmas Yuliantri; Faisal Akbar Nasution; Mirza Nasution; Sutiarnoto Sutiarnoto
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.168

Abstract

Article 28H, paragraph 2 of the 1945 Institution states that “Every person shall have the right to receive facilitation and special treatment to have the same opportunity and benegit in order to achieve equality and fairness.” Therefore, affirmative action can be used for a certain group of peopke that needs special treatment and facility.Law No.21/2001 on Special Autonomu for Papua is the Indonesian commitment to give new perspective in handling any probnlem in Papua by changing problem solving approach from security/stability approach to social/welfare approach. The realization of affirmative action can be seen from the establishment MRP (Papua People’s Assembly) as the culture representation of native Papua. It is the only State’s institution in Indonesia.Law on Special Autonomy gives the opportunity for Papua women to develop their self and position them as equal partners of men. Women’s active role in MRP is needed beacause in Papua women are still challenging against the social system and structure in the development so that they represent education and healt and Papua women empowerment fractions to realize the increase in the access ti and active role in development
Analisis Ratio Decidendi Penjatuhan Pidana Mati Terhadap Pelaku Tindak Pidana Narkotika Yang Rumusan Pasalnya Tidak Ada Ancaman Pidana Mati (Studi Putusan No. 241/Pid.Sus/2019/Pn.Tjb) Antonius Bangun Silitonga; Alvi Syahrin; Mahmud Mulyadi; M. Eka Putra
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.155

Abstract

In the preamble to letter c of Law Number 35 of 2009 concerning Narcotics, it is stated that narcotics on the one hand are drugs or substances that are useful in the field of medicine or health services and development of science and on the other hand can also cause dependency which is very detrimental if misused or used without control. And close and careful supervision. In Law No.35 of 2009 on Narcotics, there are several articles that use the death penalty, including: Article 113 paragraph (2), Article 114 paragraph (2), Article 116 paragraph (2), Article 118 paragraph (2), Article 119 paragraph (2), Article 121 paragraph (2), Article 133 paragraph (2) of Law No.35 of 2009 on Narcotics, states that perpetrators of criminal acts can be sentenced to death or imprisonment. This research includes normative legal research. Data analysis data processing basically depends on the type of data, for normative legal research that only recognizes secondary data, which consists of primary, secondary and tertiary legal materials. The secondary data includes research on positive legal inventories, legal principles, clinical legal research, systematics of statutory regulations, court decisions, legal history and comparative law. The defendant charged with the Primair indictment is Article 114 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009, while the Subsidiary indictment is Article 112 paragraph (2) in conjunction with Article 132 paragraph (1) of Law No. 35 of 2009 concerning Narcotics, however the Judge’s Verdict is a subsidies charge with the death penalty, whereas the Article in the Subsidair Indictment has a maximum sentence of 20 (twenty) years in prison. The Panel of Judges can be deemed incompetent in carrying out their duties, because they ignore the value of legal certainty in their decisions, so that what arises is injustice for both the perpetrator and the community, besides that in accordance with the provisions of Article 197 paragraph (2) of the Criminal Procedure Code, the decision is declared null and void because it is not in accordance with the content of Article 197 paragraph (1) letter c of the Criminal Procedure Code and the Decision of the Supreme Court of the Republic of Indonesia number: 321 K / Pid / 1983 dated 26 May 1984 and the Decision of the Supreme Court of the Republic of Indonesia Number 694 K / Pid / 1984 dated 15 May 1994 resulted in the decision null and void.
Analisis Hukum Terhadap Urgensi Pendaftaran Merek Bagi Pelaku Usaha Mikro, Kecil, Dan Menengah (UMKM) (STUDI PUTUSAN NOMOR 646 K/Pst.Sus-HKI/2021) T Fairuz Jasmine
Iuris Studia: Jurnal Kajian Hukum Vol 2, No 3 (2021): Oktober 2021 - Januari 2022
Publisher : Iuris Studia: Jurnal Kajian Hukum

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55357/is.v2i3.186

Abstract

Trademark registration is an important thing that must be done in business, especially micro, small and medium enterprises (MSMEs). One of the reasons is because trademark registration provides legal protection for business actors so that their trademarks are not used by other parties, so that they can anticipate the occurrence of trademark disputes in the future. The urgency of trademark registration for MSME actors is due to the many cases of trademark dispute lawsuits that occur in MSME actors. One example is the case of the “Bodyguard” brand lawsuit. Problems: 1) How is the application of the principle of good faith related to the element of brand passing-off? 2) What is the urgency of trademark registration for Micro, Small and Medium Enterprises (MSMEs)? 3) What are the legal considerations for the judge in the decision regarding the "Bodyguard" brand dispute number 646 K/Pst.Sus-HKI/2021 involving Micro, Small and Medium Enterprises (MSMEs)? The research method is normative juridical, which is descriptive analytical with data collection techniques from library research. Data analysis was carried out using a qualitative normative method, where this research was classified as normative which was complemented by a comparison of secondary data research. The results of the study, namely the urgency of trademark registration for Micro, Small and Medium Enterprises (MSMEs) are still very low due to lack of awareness of the impact of losses that may occur. Legal protection for trademarks from passing off acts in the Indonesian legal constitution has not been specifically regulated in the trademark laws and regulations in Indonesia, but there are several articles that imply their inclusion in Law no. 20 of 2016. Legal considerations for judges in the decision regarding the dispute over the "Bodyguard" brand number 646 K/Pst.Sus-HKI/2021 involving Micro, Small and Medium Enterprises (MSMEs), in legal considerations in favor of the defendant/cassation petitioner in the dispute case The "Bodyguard" brand is correct and in accordance with the legal system in force in Indonesia, which adheres to a constitutive system (first to file), where trademark rights are obtained through registration

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