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.
Articles
10 Documents
Search results for
, issue
"Vol 1, No 2 (2019)"
:
10 Documents
clear
<![CDATA[Legalitas Perjanjian Asuransi Melalui Telemarketing Ditinjau Dari Peraturan Otoritas Jasa Keuangan (Pojk) Nomor 1/Pojk.07/2013 Tentang Perlindungan Konsumen Sektor Jasa Keuangan; Studi Kasus: BNI Life ]]>
<![CDATA[Rahma Dwi Saputri]]>;
<![CDATA[M Nadratuzzaman Hosen]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.13874
<![CDATA[AbstractInsurance is a willingness to determine the loss as a substitute for large losses that are not yet certain. Along with technological advancement, the insurance industry has begun to develop and the marketing model has also transformed, initially marketing insurance products are only done face-to-face (conventional) method, but now the method was developed by using the telemarketing method. This study aims to determine how the legality of insurance agreements through telemarketing reviewed from Peraturan Otoritas Jasa Keuangan (POJK) Nomor 1/POJK.07/2013 and also to find out the suitability of the insurance agreement through telemarketing according to the principle of consensual in the agreement law at BNI Life. This research uses normative-empirical research and library research by conducting a study of the applicable laws and regulations that support the results of a study. The results of the study show that the insurance offers made by BNI Life were in accordance with those stipulated in POJK 1/2013. However, in practice, the insurance agreement made when making the offer cannot be a perfect agreement, because the insurance agreement through telemarketing by BNI Life does not fulfil the principle of consensual in the agreement law.Keywords: Agreement, Insurance, Telemarketing, Legality]]>
<![CDATA[Tanggung Jawab PT. Guntur Kharisma Perkasa Terhadap Pemutusan Hubungan Kerja; Studi Putusan Mahkamah Agung Nomor: 641K/Pdt.Sus-PHI/2018 ]]>
<![CDATA[Raines Indah Mutiara]]>;
<![CDATA[Muhammad Ali Hanafiah Selian]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i1.12180
<![CDATA[Abstract:Termination of Employment is the termination of employment due to a certain reason that results in the termination of rights and obligations between workers or laborers and employers. This can happen to business entities that are incorporated or not incorporated. Including happens to entities owned by individuals, belonging to associations, or other legal entities, both private and state owned. This includes social enterprises and other businesses that have management and employ others by paying wages or other forms of compensation. This study aims to find out the form of corporate responsibility after terminating employment, and the suitability of the arguments in the Supreme Court Decision Number 641 K / Pdt.Sus-PHI / 2018. This study uses a type of normative juridical research and library research by conducting an assessment of applicable laws and regulations that support the results of a study. The results showed that the Supreme Court Decision Number 641 K / Pdt.Sus-PHI / 2018 is not much different and gives legal power over the First Level Decision Number 37 / Pdt.Sus-PHI / 2017 / PN Smr. In Decision Number 641 K / Pdt.Sus-PHI / 2018 the Panel of Judges in its consideration was fair enough in providing legal protection for workers who were terminated, in order to fulfill compensation for workers' rights that should have been accepted in accordance with Law Number 13 2003 About Employment.Keywords: Termination of Employment, Workers, Companies, Employment Relations]]>
<![CDATA[Analisis Yuridis Terhadap Penyelesaian Sengketa Merek Gudang Garam Dan Gudang Baru (Studi Kasus Putusan Nomor 104 PK/Pid.Sus/2015) ]]>
<![CDATA[Muhamad Ikbal Hajizi]]>;
<![CDATA[Mohammad Ali Wafa]]>;
<![CDATA[Muhammad Yasir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.12007
<![CDATA[Abstract:Provisions regarding the resolution of trademark disputes in CHAPTER XV of Law Number 20 Year 2016 concerning Trademarks and Geographical Indications state that the procedure for resolving trademark disputes can be carried out in civil cases through the Commercial Court within the scope of General Courts/District Courts, Crimes through District Courts, Arbitration through Arbitration Institutions, and Other alternative dispute resolution in accordance with the agreement of the parties to the dispute. The existence of provisions regarding civil and criminal settlement in trademark problems sometimes causes polemic, because in the legal world the boundary between criminal law and civil law is very thin. Therefore, it is not uncommon in trademark disputes that should be resolved by civil law instead ends with criminal sanctions. The purpose of this study is to find out the procedure for resolving trademark disputes if resolved in a Civil and criminal manner, as well as the causes of Dissenting Opinion of the Supreme Court judges in examining the Review of the New Gudang brand in decision No. 104 PK/ Pid.Sus / 2015.Keywords: Brand Dispute Resolution, Dissenting Opinion]]>
<![CDATA[Perilaku Kekerasaan Dalam Rumah Tangga Sebagai Pelanggaran Hak Asasi Manusia ]]>
<![CDATA[Ahmad Mukri Aji]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i6.14418
<![CDATA[Abstract:Domestic violence is a behavior that can be categorized as a violation of human rights. Because this behavior results in disruption of the social dimension of humanity, due to actions that do not humanize humans in general. Even in the context of domestic violence, the perpetrators who are supposed to protect even commit acts of violence, mistreatment, intimidation and even the loss of the victim's life. The research method uses the normative juridical method, using secondary data obtained through literature study and analyzed qualitatively. The results and discussion of this study are that there are aspects of human rights violations that occur in domestic violence behavior. So the government is obliged to take action in the form of legal protection for victims by ensnaring the perpetrators with laws and regulations. Both the Criminal Code and the Law on the Elimination of Domestic Violence.Keywords: Domestic Violence Behavior, Human Rights, Violence.]]>
<![CDATA[Kekuatan Eksekutorial Dalam Pelaksanaan Eksekusi Putusan Badan Arbitrase Nasional Indonesia; Studi Kasus Putusan Badan Arbitrase Nasional Indonesia Jakarta No.801/II/ARB-BANI/2016 ]]>
<![CDATA[Dara Fitryalita]]>;
<![CDATA[Asep Syarifuddin Hidayat]]>;
<![CDATA[Mufidah Mufidah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i1.12006
<![CDATA[Abstract:The presence of the Indonesian National Arbitration Board (BANI) provides new hope in effective and efficient dispute resolution efforts. Nevertheless, BANI has obstacles when carrying out the execution of the decision. This study uses normative juridical methods and literature studies. The results showed that the BANI decision No. 801 / II / ARB-BANI / 2016 had the power of execution because the BANI had registered an authentic copy of the arbitration award at the Registrar of the South Jakarta District Court, so that the decision could be carried out with court assistance or voluntarily by the respondent. However, the implementation encountered an obstacle namely the removal of the object of achievement because of public policy. Other potential obstacles include the applicant's execution and execution refusing because it is not in accordance with the ruling, other than because the ruling decision is considered unclear, the execution of movable property, the existence of resistance, and payment assets are difficult to find.Keywords: Executorial Strength, Arbitration, Decision of the Indonesian National Arbitration Board]]>
<![CDATA[Identity Politics' Issue In Indonesia Presidential Election 2019 ]]>
<![CDATA[Ida Susilowati]]>;
<![CDATA[Zahrotunnimah Zahrotunnimah]]>;
<![CDATA[Nur Rohim Yunus]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i5.14966
<![CDATA[AbstractPresidential Election in 2019 has become the most interesting executive election throughout Indonesia's political history. People likely separated, either Jokowi’s or Prabowo’s stronghold. Then it can be assumed, when someone, not a Jokowi’s stronghold he or she certainly within Prabowo’s stronghold. The issue that was brought up in the presidential election campaign, sensitively related to religion, communist ideology, China’s employer, and any other issues. On the other side, politics identity also enlivened the presidential election’s campaign in 2019. Normative Yuridis method used in this research, which was supported by primary and secondary data sourced from either literature and social phenomenon sources as well. The research analysis concluded that political identity has become a part of the political campaign in Indonesia as well as in other countries. The differences came as the inevitability that should not be avoided but should be faced wisely. Finally, it must be distinguished between political identity with the politicization of identity clearly.Keywords. Identity Politics, 2019 Presidential Election]]>
<![CDATA[Sanksi Hukum Terhadap Hakim Pelanggar Kode Etik Profesi Hakim ]]>
<![CDATA[Adis Suciawati]]>;
<![CDATA[Soefyanto Soefyanto]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.12975
<![CDATA[Abstract:This study aims to determine the legal sanctions against judges who violate the Code of Ethics and the Code of Conduct for Judges within the scope of the court, especially in the case of trying one's own siblings (cousins). The problem examined in this study regarding the Legal Sanctions Against Judges Violating the Professional Ethics Code of Judges at the Kupang District Court (Judge Rizet Benyamin Rafael Case Study). This research uses the normative method by conducting research using library legal materials by searching library materials or secondary data from primary legal materials, secondary legal materials, and tertiary legal materials. The method of approach is to use the Joint Supreme Court Regulatory approach with the Judicial Commission and the case approach. In data analysis using qualitative analysis, namely by analyzing the starting point on the documentation of various events, information in the form of cases, and written documentation.Keywords: Legal Sanctions Against Judges Violating the Professional Ethics Code of Judges]]>
<![CDATA[Peran Komisi Yudisial Dalam Menegakkan Keluhuran Martabat Hakim ]]>
<![CDATA[Indah Radiawati]]>;
<![CDATA[Burhanuddin Burhanuddin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.13025
<![CDATA[AbstractThis study aims to determine the role of the Judicial Commission in supervising judges. The authority of the Judicial Commission in overseeing the behavior of judges in the context of upholding honor and dignity as well as maintaining the behavior of judges and also the position and implementation of the supervisory function for judges in order to realize an independent judicial function to uphold law and justice for all Indonesian people. In addition, so that each judge can behave properly and fairly in dealing with a clean judiciary and in accordance with what has been regulated in the legislation. The research method used is normative juridical, namely research that focuses on studying the application of a norm or rule of law. The results showed that the Judicial Commission is an independent judicial body, where the Judicial Commission has the authority to supervise judges and maintain and uphold the honor, nobleness, and behavior of judges. Community elements can also be involved in monitoring, so that politicization of Supreme Court judges can be reduced.Keywords: Oversight, Judicial Commission, Judge]]>
<![CDATA[Klausula Baku Dalam Perjanjian Kredit Tanpa Agunan Di Bank Permata; Studi Penerapan Undang-Undang Nomor 8 Tahun 1999 Tentang Perlindungan Konsumen ]]>
<![CDATA[Muhammad Fachri Akbar]]>;
<![CDATA[Nurhasanah Nurhasanah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.13872
<![CDATA[AbstractThis study aims to analyze the standard clauses in loan agreements without collateral in terms of consumer protection laws using the principles of the law approach and the theory of legal effectiveness. In addition, it aims to determine the response of credit users without collateral for the standard clause. The method used in this study is the Normative Law Research method. Normative Legal Research is a literature study using a statutory approach and a conceptual approach. This type of qualitative research requires a sample interview with several informants (credit users). The results of this study outline state that the standard clauses contained in the agreement to apply for Unsecured Loans at Permata Bank there are several points that violate the provisions regarding the standard clauses that have been stipulated in Law Number 8 of 1999 Concerning Consumer Protection and Article 14 of the Regulations Bank Indonesia Number 16/1 / PBI / 2014 Regarding Consumer Protection for Payment System Services.Keywords: Standard Clause, Unsecured Loans, Agreements, Contracts ]]>
<![CDATA[Keterlambatan Laporan Akuisisi Saham PT. Citra Asri Property Oleh PT. Plaza Indonesia Realty Tbk Menurut Undang-Undang Nomor 5 Tahun 1999 ]]>
<![CDATA[Muhammad Yasser Kahfie]]>;
<![CDATA[Euis Amalia]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 2 (2019) ]]>
Publisher : <![CDATA[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.v1i2.13873
<![CDATA[Abstract.The Business Competition Supervisory Commission is an independent state institution that functions as a supervisor, fact-seeker as well as a decision maker regarding violations of the law in the field of business competition. After considering several KPPU decisions related to the delay in the share acquisition report, a discrepancy was found between the sound legal considerations of KPPU Decision Number 02 / KPPU-M / 2017 with Article 29 of Law Number 5 of 1999 and Article 6 of Government Regulation Number 57 of 2010, where The Commission Council only included Article 47 of Law Number 5 Year 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition in which explaining administrative sanctions in the form of fines of as low as one billion rupiahs and as high as twenty-five billion rupiahs and not yet explained in full the articles contained in the implementing regulations regarding the imposition of financial penalties for each day of delay. The imposition of administrative sanctions in the KPPU Decision Number 02 / KPPU-M / 2017 does not comply with the provisions of Article 29 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition and Article 6 of Government Regulation Number 57 of 1999 Concerning Merger or Consolidation Business Entities and Corporate Share Acquisitions That Can Result in Monopolistic Practices and Unfair Business Competition.Keywords: Business Actors, Stock Acquisition Report, KPPU, Business Competition ]]>
