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Contact Name
Muhammad Ishar Helmi
Contact Email
jlruinjkt@gmail.com
Phone
+6281291179663
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jlruinjkt@gmail.com
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Jl. Ir. H. Juanda No. 95 Ciputat Tangsel
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Kota tangerang selatan,
Banten
INDONESIA
JOURNAL of LEGAL RESEARCH
ISSN : 27157172     EISSN : 27157164     DOI : 10.15408
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 10 Documents
Search results for , issue "Vol 1, No 3 (2019)" : 10 Documents clear
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 
Perlindungan Hukum Terhadap Hak Cipta Karya Tulis Dalam Media Internet Bayu Rizki Ramadhan; Nahrowi Nahrowi
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.v1i3.13072

Abstract

AbstractThis study aims to explain how the protection of writings on the internet that are widely circulated and the rise of violations that occur in the internet media. Especially violation of piracy or plagiarism of papers in the internet media, in the provisions of Law Number 28 of 2014 concerning Copyright, Article 1 Paragraph (1) states that copyright is an exclusive right in which the protection is automatically granted by the law since the creation is realized in real form. This protection limited to creations in physical form but includes all creations in physical or non-physical forms such as online media. This research method uses a normative approach. The data collection technique used is the study of literature, namely research conducted by finding references to support this research material through various literature such as books, lecture materials, articles, journals, theses, laws and document results. The results of research conducted by a researcher are that legal protection on the internet is normatively well regulated by Law Number 28 of 2014 concerning Copyright, as well as legal sanctions imposed on violators of the provisions of reasonable limits in taking or quoting written works have not been regulated in the provisions of the Copyright Act.Keywords: Protection Law, Papers, Copyright, Internet
Implikasi Doktrin Kepentingan Yang Sewajarnya Pada Media Streaming Online Youtube.com Panji Rystho Ramadhan; Umar Al-Haddad; Asrori S. Karni
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.v1i3.13069

Abstract

Abstract. Copyright Law is a rule that enables the exclusivity of the creator to manipulate their invention for their own good. Fair use doctrine is enabling other people to use the content/art who belong to other people without their permission for studied, research and non-profit purposes. The object of the copyright law is written on the Law of Number 28 the year 2014 about Copyright. This research is using qualitative and Normative empiric approaches. The result of this research showed that Youtube unwritten gave permission to peoples used other creations as long it is for criticism, comment, play gaming, song cover as long it makes a new source of art and creation as long the real creator is okay with it.Keywords; Intellectual Property, Fair Use Doctrine, Youtube 
Penggunaan Alat Bukti Tidak Langsung Oleh Komisi Pengawas Persaingan Usaha Dalam Perkara Kartel Di Indonesia; Studi Putusan Nomor 294k/pdt.sus/2012 dan 163/pdt.g/kppu/2017 Dwi Anggorowati; Indra Rahmatullah
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.v1i3.13875

Abstract

AbstractThe use of Indirect Evidence in Business Competition Law, especially in handling cases becomes a problem in its own right for the judiciary, both for the KPPU institution, as well as the District Court and the Supreme Court as the highest institution in the judiciary, because there are pros and there are also contra to the use of Indirect evidence. This study uses a normative legal research method using the law approach and case approach. The legislative approach refers to Law Number 5 of 1999 and its implementing regulations, namely the Regulation of the Business Competition Supervisory Commission Number 4 of 2010 concerning Cartels, while for the case approach based on the Decisions of the Business Competition Supervisory Commission, District Courts and Supreme Court with the aim of exploring and understand the meaning of different truths in cases that have been decided by the Supreme Court against the Decision of the Business Competition Supervisory Commission which has permanent legal force. The results of this study reveal that the power of proof using Indirect Evidence still reaps the pros and cons, where in the use of Indirect Evidence in each case the strength of the evidence is different.Keywords:Indirect evidence, Cartel, KPPU, Supreme Court 
Kekuatan Hukum Peraturan Menteri Hukum dan Hak Asasi Manusia Nomor 32 Tahun 2017 Tentang Tata Cara Penyelesaian Sengketa Peraturan Perundang-Undangan Melalui Jalur Nonlitigasi Amalia Hasnah; Abdul Qodir; Mufidah Mufidah
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.v1i3.13076

Abstract

AbstractThe Ministry of Law and Human Rights issued a legal product namely Ministerial Regulation Number 32 Year 2017 Concerning Procedure for Dispute Resolution of Legislation through Non-litigation. Whereas in the Ministerial Regulation gives new authority to the Ministry of Law and Human Rights to resolve conflicting laws and regulations disputes. This study uses a type of normative research that is by studying the literature, legislation, books, official documents, and writings of scholars relating to this research. In this study, the method of data collection is done by the study of literature. Data that has been collected and analyzed using descriptive-qualitative methods. The approach used in this research is the statutory approach and conceptual approach. The results of the study can be concluded that in the hierarchy of statutory regulations in Indonesia the status of the Ministerial Regulation is recognized as other regulations in Article 8 Paragraph (1) of Law Number 12 of 2011 concerning Formation of Laws and Regulations of the Minister of Law and Human Rights Number 32 of 2017 has a binding legal force because it is made by an authorized institution/official namely the Minister of Law and Human Rights. And with the issuance of these Regulations become a new alternative for the community to resolve conflicting norms and conflicting regulations outside the court more easily and quickly.Keywords: Legal Strength, Ministerial Regulation, Non-litigation.
Implementasi PMA Nomor 8 Tahun 2018 Oleh Penyelenggara Perjalanan Ibadah Umrah (Studi Kasus PPIU PT. Solusi Balad Lumampah) M Izzul Mutho; Asep Syarifuddin Hidayat
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.v1i3.12008

Abstract

AbstractThis study seeks to analyze the implementation of PMA Number 8 of 2018 which is a revised result of PMA Number 18 of 2015 by looking at legal cases that ensnare PPIU Lumadah Balad Solutions. PT. SBL in running its business provides low-cost Umrah, bonuses for agents, and provides an installment mechanism. According to the Financial Services Authority (OJK) they must subsidize Umrah promo pilgrims and cover the costs of pilgrims who have left. Here there is a miss management as conveyed by the Financial Services Authority (FSA), mainly related to the ponzi scheme that is run. There are many shortcomings in PMA Number 18 Year 2015 as a regulation that makes PT. SBL failed to dispatch the congregation. Among these are the reporting mechanism as in article 25 paragraph 2 which makes this regulation considered passive. Add to this the lack of oversight by the government and the cost standards not yet specified in this PMA. This then resulted in a revision effort by the Government by making additional regulations, namely PMA Number 8 of 2018. In it set reference fees for Umrah pilgrims, the maximum limit of departure and also the prohibition of PPIU to dispatch their pilgrims using bailout funds as in article 12.Keywords: PMA, PT. SBL, Implementation
Penerapan Hukum Oleh Hakim Dalam Menjatuhkan Putusan Di Luar Dakwaan Jaksa Penuntut Umum Dilema Antara Keadilan Dan Kepastian Hukum; Analisis Putusan Mahkamah Agung Nomor 1940 k/pid.sus/2015 Ulfiyah Hasan; Alfitra Alfitra
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.v1i3.13876

Abstract

AbstractThis study examines issues related to judges' considerations in issuing decisions outside the indictment of the public prosecutor in narcotics crime cases in the Decision of the Supreme Court Number: 1940 K / Pid.Sus / 2015. In addition, this study also tries to discuss the assessment of the principles of legal objectives, namely legal certainty and justice to the actions of judges in the Supreme Court Decision Number 1940 K / Pid.Sus / 2015 in narcotics crime cases. This research is juridical research using a case approach. Data in this study were collected using document studies. The document that is the source of the data in this study is the Supreme Court Decision Number 1940 K / Pid.Sus / 2015. Then the document is processed using the content analysis method. The results showed that the judges' basic considerations in the Supreme Court Decision Number 1940 K/Pid.Sus/2015 were quite critical in dropping decisions beyond the prosecutor's indictment. This consideration provides an illustration for the judge to be able to innovate the law and dare to come out of legal formalism to achieve justice.Keywords: Judge's Decision, Indictment, Narcotics Crime 
Pengaruh Penerapan Sistem Proposional Terbuka Pada Kualifikasi Calon Legislatif Sri Emut Ratnasara; Dwi Putri Cahyawati
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.v1i3.13077

Abstract

AbstractPolitical parties in recruiting legislative candidates if only based on an open proportional system are not enough, especially if only in good faith to be able to become people's representatives. However, the most important thing needed is intellectual ability and integrity in understanding, both regarding legislation, as well as the main goal of achievement, which is to gain the benefit of all the people of Indonesia. Therefore, to produce politicians who are cultured or politicians who have dignity, self-esteem, and a clear way of thinking, a system that is in accordance with needs is needed. Due to the poor quality produced by legislators from various parties, political parties are not relevant in recruiting legislative candidates. By doing so, it is necessary to hold a fit and proper test in the selection of candidates for legislative members by external political parties that have standardization of graduation for candidates for legislative members. Besides the application of an open proportional system, it has a great influence on determining the quality of legislative members. With the implementation of an open proportional system, it will cause many popular legislative candidates to be elected without considering the capacity of the ability of legislative candidates who occupy positions, as well as allowing each candidate to compete to win public sympathy and will trigger a polemic over money politics.Keywords: Proportional System, Recruitment, Legislative Candidates
Indikasi Terjadinya Predatory Pricing Terkait Kerjasama Grab Dengan Ovo Dalam Perspektif Hukum Persaingan Usaha Ndaru Nadhi Hapsoro; A.M Hasan Ali; Fitriyani Zein
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.v1i3.13878

Abstract

AbstractThis study aims to examine the indications of violations according to Article 20 of Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition. In this case there are allegations from the online motorcycle taxi company Grab and the Ovo online financing transaction company that is alleged to violate the unfair business competition provisions. There are indications of payment that does not make sense in using ovo when paying a grab rate of one rupiah. This study uses a type of empirical and qualitative juridical research. The results showed that no violations were found because there were no dead companies and Grab and Ovo were not in a dominant position and did not make them dominate the competitive market. Although basically the price of one rupiah is considered below the minimum price and can cause violations.Keywords: Predatory Pricing, Indications, Business Competition
Tinjauan Yuridis Ketentuan Tanggal Efektif Pemberitahuan Akuisisi Saham Kepada Komisi Pengawas Persaingan Usaha (Studi Kasus Putusan KPPU Nomor: 05/KPPU-M/2017) Amalia Fitri Kusuma Dewi; Muhammad Ali Hanafiah Selian
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.v1i3.13028

Abstract

Abstract:The study was conducted to find out how the provisions for the validity of the legal takeover of shares to KPPU and to determine what the consequences of the delay in notification of the takeover of shares to PT. Indonesian Telecommunications Professionals based on applicable regulations. The method used is a qualitative research method with a normative juridical approach by analyzing decisions and related to laws and regulations in the field of Business Competition Law. This study uses a statute approach, a conceptual approach and a case approach. The results showed that the provisions for the validity of a juridical effective date were from the date the notification was received by the Ministry of Law and Human Rights, both in the event of changes in the articles of association and those that were not accompanied by changes in the articles of association. As for notification of takeover of shares to KPPU, it must be done no later than 30 (thirty) days from the legal effective date. As a result of the late announcement of the takeover of shares, PT. Indonesian Telecommunications Professionals are subject to administrative action in the form of fines of Rp. 1,100,000,000.00 (one billion one hundred million rupiah).Keywords: Juridical Effective Date, Late Notification, Share Takeover, Due to Delay

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