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INDONESIA
JOURNAL of LEGAL RESEARCH
Published by Universitas Islam Negeri Syarif Hidayatullah Jakarta
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
Core Subject : Religion, Humanities, Education, Social,
Religion Humanities Law, Crime, Criminology & Criminal Justice Social Sciences Other
Journal of Legal Research is a peer-reviewed journal on legal research published quarterly (February, May, August, November) since 2019 by Departemen Legal Studies Faculty of Sharia and Law Universitas Islam Negeri Syarif Hidayatullah Jakarta in cooperation with Center for the Study of Constitution and National Legislation (POSKO-LEGNAS). Journal of Legal Research aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. It aims primarily to facilitate scholarly and professional discussions over current developments on legal issues in Indonesia as well as to publish innovative legal researches concerning Indonesian laws and legal system. Published exclusively in English, the Review seeks to expand the boundaries of Indonesian legal discourses to access English-speaking contributors and readers all over the world. The Review, hence, welcomes contributions from international legal scholars and professionals as well as from representatives of courts, executive authorities, and agencies of development cooperation. The Review basically contains any topics concerning Indonesian laws and legal system. Novelty and recency of issues, however, is a priority in publishing. The range of contents covered by the Review spans from established legal scholarships and fields of law such as privacy laws and public laws which include constitutional and administrative law as well as criminal law, international laws concerning Indonesia, to various approaches to legal studies such as comparative law, law and economics, sociology of law and legal anthropology, and many others. Specialized legal studies concerning various aspects of life such as commercial and business laws, technology law, natural resources law and the like are also welcomed.
Arjuna Subject : Ilmu Sosial - Hukum
Articles 306 Documents
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Barrier To Entry Dalam Kebijakan Undang-Undang Nomor 33 Tahun 2014 Tentang Jaminan Produk Halal Menurut Putusan Dispute Settlement Body Nomor 484 Tentang Kasus Impor Daging Ayam Dan Olahan Daging Ayam Oleh Brazil Ahmad Farhan Hadad; Hasanudin Hasanudin; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.18204

Abstract

The main problem in this article is how the implementation of halal product guarantees creates a barrier to entry based on Law Number 33 of 2014 concerning Halal Product Guarantee according to the Dispute Settlement Body Decision number 484. The research method uses a juridical normative approach. Juridical normative research has two sources of law, namely primary and secondary sources of law. Primary sources of law refer to the Dispute Settlement Body Decision Number 484 and Law Number 33 of 2014 concerning Halal Product Guarantee. The secondary source of law refers to the book by Huala Adolf entitled International Trade Law. The results of the study indicate that the Dispute Settlement Body decision has binding power for the Indonesian state because Indonesia is part of the WTO. This decision also gave the impact of creating uncertainty in the law, especially regarding the Halal Product Guarantee. The efforts of the Indonesian state to protect the Halal Product Guarantee by making an appeal to the Dispute Settlement Body, although the results are still not in accordance with what Indonesia wants.
Tanggung Jawab Hukum Perusahaan Penyelenggara Ibadah Umrah Fadilatun Nisa; Supriyadi Ahmad; M. Nuzul Wibawa
JOURNAL of LEGAL RESEARCH Vol 1, No 3 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i3.13879

Abstract

Abstract.This paper examines First Travel's responsibilities in terms of civil, criminal, administrative law for the alleged crime. The results showed that First Travel had committed a crime of fraud, embezzlement, and money laundering with the Umrah mode. This study uses a normative legal research method using the law approach and case approach. The results showed that the number of victims reached thousands of prospective Umrah pilgrims, with losses of up to billions of rupiah. The owner of First Travel is subject to imprisonment of twenty years and eighteen years and a fine of ten billion rupiah.Keywords: Responsibility, PT. First Travel, Jamaat, Failed to Leave 
Pelanggaran Hak Cipta Karya Fotografi Di Media Daring Menurut Hak Kekayaan Intelektual Karina Putri; Nahrowi Nahrowi
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.16174

Abstract

This study aims to examine the legal protection of copyright creators of photographic works whose moral and economic rights are violated on the internet according to Law Number 28 of 2014 concerning Copyright. This research method uses a normative juridical research approach, namely research that refers to the legal norms that exist in statutory regulations, literature, expert opinion and papers. The results in this study indicate that photographic copyright infringement is still rife, referring to one of Aryono's cases, where photos on his personal Instagram were taken by online media for commercial purposes. In this case there was a violation of moral rights and economic rights. In the Copyright Law, it is explained in article 5 that moral rights are attached to the creator to maintain the creator's right which is valid for life and if used for commercial purposes, it is explained in Article 9 that the creator has economic rights, that is, everyone is required to obtain the author's permission to carry out commercial use of this protection. valid for 50 years.
Application of Civil Law Theory In the Termination of Custody of Adopted Children in Indonesia Annissa Rezki; RR Dewi Anggraeni; Nur Rohim Yunus
JOURNAL of LEGAL RESEARCH Vol 1, No 6 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i6.15301

Abstract

Abstract:Today there are so many couples who have long been married, but have not been blessed with a child in married life. In Indonesia, so many believe that one of the efforts to get a child is by inducement, which is presenting a foster child to give a provocation to a couple who do not have children to be immediately given offspring. Most of them raised their own family, others lifted children from other people who are not family, and even raised children from orphanages whose origins are unclear. From this the legal protection of the adopted child is needed in order to obtain guarantees and a decent life. This study will discuss how legal protection, the criteria for terminating custody of adopted children, and inheritance rights will be obtained. This research uses descriptive qualitative method with a normative approach.Keywords: foster children, child protection, civil lawAbstrak:Zaman sekarang begitu banyaknya pasangan yang sudah lama menikah, namun belum dikaruniai seorang anak dalam kehidupan berumah tangga. Di Indonesia begitu banyak yang percaya bahwa salah satu upaya untuk mendapatkan seorang anak adalah dengan pancingan, yaitu menghadirkan seorang anak asuh untuk memberikan pancingan kepada pasangan yang belum memiliki anak agar segera diberikan keturunan. Sebagian besar ada yang mengangkat dari pihak keluarga sendiri, ada juga yang mengangkat anak dari orang lain yang bukan keluarga, bahkan mengangkat  anak dari panti asuhan yang tidak jelas asal usulnya. Dari hal tersebut diperlukan perlindungan hukum terhadap anak yang diangkat tersebut agar mendapat jaminan dan kehidupan yang layak. Dalam penelitian ini akan dibahas bagaimana perlindungan hukum, kriteria pemutusan hak asuh anak angkat, dan hak waris yang akan didapatkan. Penelitian ini menggunakan metode kualitatif deskriptif dengan pendekatan normatif.Kata kunci : anak asuh, perlindungan anak, hukum perdata
Dissenting Opinion Hakim Pada Putusan Mahkamah Agung dalam Perkara Merek Terkenal Yumi Katsura dan Prada Afiyah Qurrota Ayun; Asep Syarifuddin Hidayat; Fitriyani Zein
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i1.13264

Abstract

Abstract:The problem examined in this study is related to the Dissenting Opinion of Judges in the Supreme Court's Decision in the Famous Brand Case of Yumi Katsura and PRADA. Problems related to the judges' consideration that stated dissenting opinions in famous trademark cases at the cassation level were seen from the Trademark Law, the Law on Judicial Power and the implications of the dissenting opinion on the famous brand case of Yumi Katsura and PRADA. This study uses qualitative research that is the type of data and analysis that is used is narrative, in the form of statements that use reasoning. The results of the study showed that the judges' consideration that stated dissenting opinion was more correct and correct, in the decision No. 310 K/Pdt. Sus-HKI/2013 based on the Law on Trademarks and facts at the hearing, while in the decision Number 164 K/Pdt . SUS-HKI/2016 besides based on the Trademark Law, also based on the Supreme Court Jurisprudence Number 2279/PK/Pdt/1992 and Number 1596 K/Pdt/1983. Then the implication of the judge's dissenting opinion on the case of a famous brand can provide knowledge about the interpretation of the phrase equality in essence and the interpretation of the criteria of a well-known brand as well as to the verdict handed down while still taking the most votes.Keywords: Dissenting Opinion, Famous Brand, Yumi Katsura and PRADA 
Kebijakan Pemberlakuan Satu Harga BBM PT. Pertamina (Persero) Ditinjau Undang-Undang Nomor 19 Tahun 2003 Tentang Badan Usaha Milik Negara Moslem Briliant Ath Thoriq; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 1, No 6 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i2.12187

Abstract

AbstractPT. Pertamina (Persero) is based on two laws and regulations that have strong legal legality. This is the main problem in this research. The data collection technique used is the study of literature, namely research conducted by finding references to support research material through literature such as books, lecture materials, articles, journals, theses, laws, and the results of documents and interviews from the Downstream Oil Regulatory Agency and gas. The results obtained are the policy implications of the application of one fuel price to PT. Pertamina (Persero) which is not in accordance with the aims and objectives of establishing the Persero in Act Number 19 of 2003 concerning State Owned Enterprises, in practice that PT. Pertamina (Persero) has violated Article 12 of Law Number 19 of 2003 concerning State-Owned Enterprises, which is pursuing profits to increase the value of the company, but PT. Pertamina (Persero) suffered a loss in carrying out the One Fuel Price Enforcement Policy.Keywords: SOE, One Fuel Price Policy, PT. Pertamina (Persero)
Regulasi Fraud Order Transportasi Online Dalam Kode Etik Perusahaan Dan Peraturan Perundang-Undangan Di Indonesia; Studi Pada Pt Grab Indonesia Ahmad Boby Permana; Indra Rahmatullah
JOURNAL of LEGAL RESEARCH Vol 1, No 5 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i5.13912

Abstract

Abstract.The act of fraud committed by the driver's partner is considered a weakness in the field of electronic transaction services. Handling the system and code of ethics carried out by PT Grab Indonesia for fraud perpetrators by preventing and minimizing fraud that can harm the company. The implementation of code of conduct sanctions is a result of defaults that have been carried out by driver partners. This research uses qualitative research with a normative approach. The method used is library research by reviewing the laws and regulations. The conclusion from the results of the study that the code of ethics owned by PT. Grab as a guideline and a form of security from fraud through internal and external supervision involving the community.Keywords: Regulation, fraud order, code of ethics, transportation, online 
Penerapan Uji Tuntas HAM dalam Korporasi Pada Perkebunan Kelapa Sawit Di Indonesia Muhamad Aljabar Putra; Alfitra Alfitra
JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i4.13904

Abstract

AbstractThe process of implementing the Human Rights Due Diligence carried out by Corporations in the Oil Palm Sector in Sumatra and Kalimantan has a number of problems. Analysis and criticism of the Minister of Agriculture Regulation No. 1 of 2015 concerning Indonesian Sustainable Palm Oil which is considered to have failed in regulating and regulating the principles of human rights due diligence, so that the impact of the implementation of human rights due diligence is ineffective. The form of weakness in the a quo regulation is evidenced by the existence of excess strength from the ISPO Commission which causes no checks and balances related to the implementation of Due Diligence. The type of research used is qualitative, with a normative-doctrinal research approach, in which there are elements of the statutory approach and conceptual approach used to find out the ideal mechanism for implementing the Human Rights Due Diligence on Corporations in the palm oil sector. This research proves that the implementation of human rights due diligence at this time still needs to be done various improvements because the current mechanism does not accommodate the principle of transparency, the existence of super power authority from the ISPO Commission, the creation of depedency practices within the ISPO internally. Absolutism of authority by the ISPO commission can disrupt the neutrality and professionalism of the implementation of human rights due diligence. This has caused many corporations to disobey Due Diligence and is directly proportional to the increase in the number of human rights violations by corporations.Keywords: Human Rights Due Diligence, Corporations, Indonesian Sustainable Palm Oil
Kedudukan Kepolisian Republik Indonesia Sebagai Pelaksana Tugas Gubernur Dalam Sistem Pemerintahan Di Indonesia Desy Purwaningsih; A Salman Maggalatung
JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v1i1.11905

Abstract

Abstract:The Minister of Home Affairs involves an active police officer to occupy a position in the government, without retiring or quitting his position in the police. Security in West Java when the 2018 regional election was the reason for the Ministry of Home Affairs to appoint M Iriawan as Acting. Governor. In addition, as a police officer, he should maintain his neutrality as a tool of national security and defense in accordance with Article 28 Paragraph (1) of Law Number 2 Year 2002 concerning the National Police of the Republic of Indonesia. Active police officers who occupy positions in government make the public and legal experts worry and doubt their neutrality as state officials. Polri which is responsible for policy and neutrality from practical political activities, for state security does not have to go directly into the government, because every element of the institution in Indonesia must have their respective duties and authorities that must be in accordance with the procedureKeyword: Acting Governor. Active Police Officer
Efektivitas Pengawasan Badan Penyelesaian Sengketa Konsumen pada Pencantuman Klausul Baku di Provinsi Dki Jakarta Rizky Darmawan; Mustolih Mustolih
JOURNAL of LEGAL RESEARCH Vol 2, No 1 (2020)
Publisher : Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.15408/jlr.v2i1.14572

Abstract

This thesis aims to determine the effectiveness of BPSK supervision on the inclusion of standard clauses in DKI Jakarta Province, and how the regulations related to the supervision of standard clauses are regulated in the Decree of the Minister of Industry and Trade No. 350 / MPP / Kep / 12/2001 regarding the implementation of duties and authorities of the Settlement Body. Consumer Disputes. The type of research used in this research is empirical juridical. Juridical empirical is an approach taken to analyze the extent to which a regulation or statute or law is currently in effect. The results of this thesis research indicate that the DKI Jakarta BPSK has not been able to play an active role in supervising the inclusion of standard clauses according to their duties and authorities because there are no regulations related to technical rules regarding standard clause supervision in the consumer protection law. Even though it has not been optimal in monitoring standard clauses, in this case the DKI Jakarta Provincial BPSK assemblies can only interpret their authority as stated in the consumer protection law regarding the supervision of the inclusion of standard clauses. Although it is still in the stage of groping and learning from cases that have been disputed by consumers in carrying out standard clause supervision.

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