JOURNAL of LEGAL RESEARCH
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.
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<![CDATA[Dissenting Opinion Hakim Pada Putusan Mahkamah Agung dalam Perkara Merek Terkenal Yumi Katsura dan Prada ]]>
<![CDATA[Afiyah Qurrota Ayun]]>;
<![CDATA[Asep Syarifuddin Hidayat]]>;
<![CDATA[Fitriyani Zein]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.13264
<![CDATA[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 ]]>
<![CDATA[Kedudukan Kepolisian Republik Indonesia Sebagai Pelaksana Tugas Gubernur Dalam Sistem Pemerintahan Di Indonesia ]]>
<![CDATA[Desy Purwaningsih]]>;
<![CDATA[A Salman Maggalatung]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.11905
<![CDATA[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]]>
<![CDATA[Mekanisme Penggunaan Tenaga Kerja Asing Di Indonesia Berdasarkan Peraturan Presiden Nomor 20 Tahun 2018 Tentang Penggunaan Tenaga Kerja Asing ]]>
<![CDATA[Karvin Fadila]]>;
<![CDATA[Abdullah Sulaiman]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.13274
<![CDATA[Abstract.The background of this research is based on the existence of mechanisms that are often violated and there are several articles in this presidential regulation that cause legal uncertainty. Not only that, many of them do not meet the terms and conditions that have been regulated by legislation, so that many foreign workers do not meet expectations. This study examines the laws and regulations especially Presidential Regulation Number 20 Year 2018 and relates cases that often occur to strengthen this research. The approach used is normative by using primary legal materials consisting of Law Number 13 of 2003 concerning Labor, Presidential Regulation Number 20 of 2018 concerning Use of Foreign Workers. The results showed that the Republican foreign labor mechanism based on Presidential Regulation Number 20 Year 2018 on the Use of Foreign Workers whose articles violated the rules above and caused legal uncertainty, causing violations in carrying out the mandate of the law and the need for a review of the regulations this president so that there are no articles that conflict with the rules above.Keywords: Foreign Workers, Presidential Regulation ]]>
<![CDATA[Eksistensi dan Kewenangan Kementerian Pemberdayaan Perempuan dan Perlindungan Anak Menurut Perpres Nomor 59 Tahun 2015 Tentang KPPPA Dalam Urgensi Pemberdayaan Perempuan dan Perlindungan Anak di Indonesia ]]>
<![CDATA[Quthub Al Faruqi]]>;
<![CDATA[Zaitunah Subhan]]>;
<![CDATA[Abdul Qodir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.12010
<![CDATA[AbstractThis study aims to explain the existence and authority as well as the effectiveness of the performance of the ministry of women empowerment and child protection and its urgency in empowering women and child protection in Indonesia. Researchers use normative research methods with a juridical approach. The results of this study indicate that Presidential Regulation No. 59 of 2015 Concerning the Ministry of Women's Empowerment and Child Protection is indicated to have minimal authority, thus causing ineffective tasks and functions of the Ministry of Women's Empowerment and Child Protection. As a result, many problems cannot be solved. In addition, the Ministry does not have a vertical or representative body in the region which causes the Ministry of Women's Empowerment and Child Protection to have difficulty in resolving technical issues related to women's empowerment and child protection on a national scale. Another problem, the lack of a budget that impacts the integration of central and regional commitments to solve various problems of women and children in Indonesia.Keywords: Women's Empowerment, Child Protection, KPPPA ]]>
<![CDATA[Pengelolaan dan Pengawasan Dana Desa Babakan Dayeuh, Cileungsi, Bogor ]]>
<![CDATA[Latipah Nasution]]>;
<![CDATA[Ahmad Tholabi Kharlie]]>;
<![CDATA[Irfan Khairul Umam]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.12824
<![CDATA[AbstractThis study aims to describe and analyze the management and utilization of village funds in Desa Dayeuh in terms of applicable laws and regulations. The aim is to find out what is the problem of ineffective village funds in Babakan Dayeuh Village. To achieve these objectives, researchers use legal research methods that are Normative and Empirical approaches. While the data collection techniques used in this study are field research and library research. Field research consists of observation, selection of information documents, and identification. Based on the results of this study indicate that the management and supervision of the Village Fund in Babakan Dayeuh Village has not been carried out according to applicable regulations, because village governments often ignore the rules that become a reference in managing Village funds such as; Regulation of the Minister of Disadvantaged Villages, Development and transmigration in the form of rules related to the Priority of Village Funds where the aim is that development in the village is directed according to the vision of the National Government.Keywords: Village Funds, Village Fund Management, Village Fund Supervision]]>
<![CDATA[Studi Analisis Disparitas Putusan Mahkamah Agung Atas Pembatalan Merek Terkenal Untuk Barang Tidak Sejenis; Perbandingan Kasus Merek SKYWORTH dengan Merek BMW ]]>
<![CDATA[Widya Novita]]>;
<![CDATA[Soefyanto Soefyanto]]>;
<![CDATA[Andi Syafrani]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.13275
<![CDATA[AbstractThis study aims to determine the disparity in the Supreme Court's decision on the cancellation of famous brands for non-similar goods in the SKYWORTH Brand case with the BMW Brand. The problems related to disparity in cancellation of trademark registration applied by the Supreme Court as outlined in the Supreme Court decision Number: 32 PK / Pdt.Sus-HKI / 2018 and the Supreme Court decision Number: 29 PK / Pdt.Sus-HKI / 2016 related to the protection of famous brands for non-identical types of goods, as well as about how the legal protection of famous brands for non-similar kind of goods This research method uses a normative juridical approach by analyzing decisions and relating to laws and regulations in the field of Trademark Law. The results of this study indicate that the factors considered by the Judges in deciding the cancellation of trademark registration that cause disparities are, the guidance of some judges in Article 6 Paragraph (2) of Law Number 15 Year 2001 Concerning Trademarks and partly guided by Article 16 Paragraph (3) TRIPs Agreement.Keywords: Disparity, cancellation of trademark registration, famous trademark, Non-identical goods, Supreme Court. ]]>
<![CDATA[Penegakan Hukum Kelembagaan Ketenagakerjaan Terhadap Pengawasan Tenaga Kerja Asing Di Kota Tangerang Selatan ]]>
<![CDATA[Alvan Ridwan]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.12005
<![CDATA[Abstract:This study aims to explain the Law Enforcement of Supervision of Foreign Workers by the Tangerang Regional Supervision Agency 2 Based on Law No. 13 of 2003 concerning Labor in the City of South Tangerang. This study uses qualitative research using an empirical normative research approach. This study conducted a review of the laws and regulations, books, and journals (library research) that are directly related to this research. The researcher also conducts direct field research by observing and interviewing relevant parties, namely the Tangerang Regional Supervision Region 2. The results of the study indicate that there are still foreign workers who violate the applicable provisions stipulated in Article 42 to Article 49 concerning the Use of Foreign Workers Act Number 13 of 2003 concerning Manpower and the insufficient number of supervisors of the Tangerang 2 Regional Supervision Agency to supervise companies in the City of South Tangerang to carry out supervision in accordance with Law Number 13 of 2003 concerning Manpower.Keywords: Law Enforcement, Supervision, Foreign Workers]]>
<![CDATA[Book Journal of Legal Research Vol 1 No 1 (2019) ]]>
<![CDATA[Journal, Book]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019): Journal of Legal Research ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.12966
<![CDATA[Book Journal of Legal Research Vol 1 No 1 (2019)]]>
<![CDATA[Tindak Pidana Ujaran Kebencian Memakai Akun Palsu (Fake Account) Di Media Sosial ]]>
<![CDATA[Ajeng Kartika Ayu]]>;
<![CDATA[Alfitra Alfitra]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.11995
<![CDATA[Abstract:The presence of the Law on Information and Electronic Transactions in Indonesia, is a tangible form of action taken by the government to deal with the development of technology and information development. This study explains the legal basis and application of law for hate speech perpetrators on social media through fake accounts in a positive legal perspective in Indonesia as well as what are the factors that cause perpetrators to use fake accounts to commit criminal acts of hate speech on social media. The approach used in this research is juridical normative through library research with qualitative research methods. The results of this study indicate that in addition to environmental factors, technological and information development factors also trigger offenders to commit crimes. The application of law that can be implemented in cases like this is through the law (court) or alternative dispute resolution through mediation of the law.Keywords: Hate Speech (Hate Speech), Fake Accounts, Social Media]]>
<![CDATA[Tinjauan Undang-Undang Nomor 2 Tahun 2014 Terhadap Praktik Penerapan Honorarium Notaris ]]>
<![CDATA[Abdul Manan]]>;
<![CDATA[Abu Tamrin]]>;
<![CDATA[Muhamad Nuzul Wibawa]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 1 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i1.11907
<![CDATA[Abstract The practice of applying a Notary honorarium that is not in accordance with Law Number 2 of 2014 concerning Amendments to Law Number 30 of 2004 concerning Notary Position, that a Notary has set a tariff below the standard. This study uses empirical normative methods, literature studies and case approaches. The results of the sutdy show that the practice of applying Notary honorariums tha are not in accordance with Law Number 2 of 2014 concerning Amendments to Law Number 2004 concerning Notary Position, in practice that Notaries have violated the provisions of Article 13 Paragraph (3), Article 4 Paragraph (9), and Article 4 Paragraph (10) Notary Code of Ethics, and sanctions that can be imposed on Notaries who do not apply honorarium according to Law Number 2 Year 2014 concerning Amendments to Law Number 30 Year 2004 concerning Notary Position stipulated in Article 6 Notary Code of Ethics.Keywords: Notary, Honorarium, Notary Supervisory Board]]>
