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[Penerapan Uji Tuntas HAM dalam Korporasi Pada Perkebunan Kelapa Sawit Di Indonesia ]]>
<![CDATA[Muhamad Aljabar Putra]]>;
<![CDATA[Alfitra Alfitra]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13904
<![CDATA[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]]>
<![CDATA[Perlindungan Hukum dalam Sengketa Merek BMW vs BMW Body Man Wear; Studi Putusan Mahkamah Agung Nomor 29.PK/PDT.SUS-HKI/2016 ]]>
<![CDATA[Risris Bayanillah]]>;
<![CDATA[Abu Tamrin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.12185
<![CDATA[Abstract:The main problem in this study is the analysis of the protection of well-known brands, especially in the element of equality that basically applies to non-similar goods. In addition to analyzing the consideration of judges Number 29 PK / Pdt.Sus-HKI / 2016 which contains trademark disputes between BMW brands and BMW Body Man Wear. The research method uses a normative juridical approach. The results showed that the element of equality in principle applies to goods of different types because it is a principal element that exists in the legal order of the brand associated with the distinguishing power element that exists in a brand. The panel of judges in deciding this case considers SEMA Number 3 / BUA.6 / HS / SP / XII / 2015 which states that all cases of filing claims for cancellation of brands that have similarities in principle in non-similar goods, the lawsuit must be declared with amar 'is not acceptable 'because the Government Regulation mandated by Law Number 15 Year 2001 Concerning Trademarks has not yet been enacted.Keywords: Trademark Protection, Elemental Equality Principals, Decision Analysis ]]>
<![CDATA[Pengedaran Farmasi Ilegal Golongan Kosmetika Dalam Perspektif Hukum Perlindungan Konsumen; Studi Putusan Pengadilan Negeri Martapura No. 361/pid.sus/2017/pn.mtp ]]>
<![CDATA[Inayatul Mukaromah]]>;
<![CDATA[Mustolih Sidradj]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13905
<![CDATA[AbstractThe problem of this research is the presence of business actors who sell pharmaceuticals in the form of cosmetics which are unfit for circulation for almost two years. But in its consideration, the Panel of Judges disagreed with the actions taken by BPOM in practice that were deemed not in accordance with the duties and functions as they should, so the Judge considered that this matter was detrimental to the defendant. This research method uses qualitative research by using a normative-empirical research approach. The study also uses a law in books approach and an empirical approach. The results showed that in the perspective of the UUPK, the defendant violated Article 4, 7 and 8 of Law Number 8 of 1999 concerning Consumer Protection. BPOM's actions towards the defendant in the Martapura District Court's decision No. 361 / Pid.Sus / 2017 / PN.Mtp are in accordance with the main duties and functions stipulated in Article 4 of Presidential Regulation Number 80 Year 2017 concerning BPOM RI.Keywords: Distribution, Pharmacy, Illegal Cosmetics, Consumer Protection, Legal Certainty, BPOM RI ]]>
<![CDATA[Pembuktian Tidak Langsung Dalam Kasus Perjanjian Kartel Impor Bawang Putih; Analisis Putusan Ma No.1495 K/Pdt.Sus-Kppu/2017 ]]>
<![CDATA[Imam Santoso]]>;
<![CDATA[Muhammad Ali Hanafiah Selian]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13902
<![CDATA[AbstractThis study aims to analyze the application and strength of indirect evidence in the case of the agreement on the importation of garlic cartels conducted by the Supreme Court of the Republic of Indonesia in the decision Number 1945 K / Pdt.Sus-KPPU / 2017. The Supreme Court in its decision used indirect evidence. The research method uses a type of normative legal research with a normative juridical approach by reviewing the applicable legislation, doctrine or expert opinion, and the existing literature books. The results of this study explain that the application of the concept of indirect evidence is not appropriate, because indirect evidence is not explicitly mentioned explicitly in Law Number 5 of 1999 concerning Prohibition of Monopolistic Practices and Unfair Business Competition.Keywords: Indirect Monopoly Evidence, Supreme Court ]]>
<![CDATA[Penegakan Hukum Pemalsuan Data Pada E-Commerce Dalam Sistem Multi Level Marketing Perusahaan PT. Mulia Rejeki Waterindo ]]>
<![CDATA[Gladyswidya Wiratamia]]>;
<![CDATA[Umar Al Haddad]]>;
<![CDATA[Tresia Elda]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.12181
<![CDATA[AbstractElectronic crime is an act that can be ensnared by the Information and Electronic Law. This study explains the extent to which the ITE Law provides legal protection for e-commerce users and presents a solution to meet the compensation for the victims of the crime of falsification of electronic data in the case of PT. NOBLE REJEKI WATERINDO. The approach used in this research is juridical normative through library research with qualitative research methods. The results of this study indicate that legal protection for e-commerce users under the ITE Law can be strengthened by making electronic contracts. For the fulfillment of victims' compensation in the case of PT. MULIA REJEKI WATERINDO can go through a civil suit or a request for restitution. This is because in the final decision of the case the application for compensation compensation was not submitted.Keywords: Law Enforcement, Crime, Data Counterfeiting, E-commerce, Multi Level Marketing]]>
<![CDATA[Harmonisasi Prinsip Hukum Tanggung Jawab Sosial-Lingkungan Perusahaan Pertambangan Mineral dan Batubara Dalam Peraturan Perundang-Undangan Di Indonesia ]]>
<![CDATA[Rifda Afifah]]>;
<![CDATA[Sodikin Sodikin]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13903
<![CDATA[AbstractThe research was conducted in an effort to find concretisation of the legal principles that apply to the provisions concerning social and environmental responsibility of mineral and coal mining companies in Indonesian laws and regulations. In addition to examining the legal consequences for any corporation that does not carry out these provisions. Specifically, this research seeks to discuss the content of rules and harmonization of regulations governing social and environmental responsibility of mineral and coal mining companies. Because in practice the exploration has a very significant impact on the environmental and social conditions around the company. This research is a normative qualitative research (normative Legal Research) which is carried out by reviewing the prevailing statutory system (statue aproach). The results showed that the harmonization of laws and regulations was found to have the principle of social responsibility that is mandatory. However, for any corporation that does not carry out its obligations is still only subject to administrative sanctions and is not equipped with other law enforcement instruments, both criminal and civil.Keywords: Environmental Social Responsibility, Harmonization, Legal Certainty]]>
<![CDATA[Keabsahan Transaksi Jual Beli Properti Menggunakan Sistem Pre Project Selling Ditinjau Dari Hukum Perjanjian (Studi Kasus Proyek Meikarta Cikarang Kabupaten Bekasi) ]]>
<![CDATA[Ahmad Syauqi Robbi]]>;
<![CDATA[Muhammad Yasir]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13901
<![CDATA[AbstractThis study discusses the sale and purchase of property transactions using the pre-project sales system in terms of the legal agreement and the responsibility of the legal developer (developer) for units of buyers of Meikarta property units in the Pre-Sale Project. The research method used in this study is a normative research method. The research data was collected by means of a literature study through a research method of the law that discusses Law Number 20 of 2011 concerning Flats. The results of this study indicate that the binding purchase agreement (PPJB) of Meikarta apartment units involving the parties between the developer (developer) and the buyer is illegal and null and void, because the required conditions have not yet been fulfilled. The requirements specified in Article 1320 of the Law Law Civil. The developer (developer) can be held accountable for Acts Against the Law (PMH) by the buyer approved in Article 1365 of the Civil Code which discusses all aspects of legality (licensing) in accordance with Law Number 20 of 2011 concerning Flats, developers (developers) before building apartments, such as the Environmental Impact Analysis Permit and Building Permit have not yet been approved by the developer.Keywords: Responsibility, Developer, Seling Per Project.]]>
<![CDATA[Perlindungan Hukum Atas Pemutusan Hubungan Kerja Pada PT Halit International; Analisis Putusan Mahkamah Agung Nomor 971 K/P3DT. Sus-PHI/2018 ]]>
<![CDATA[Iis Apriyani]]>;
<![CDATA[Indra Rahmatullah]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13906
<![CDATA[AbstractThis research was conducted because of the varied object of the decision related to the fulfillment of the rights of workers who were dismissed from work, causing legal uncertainty regarding procedures and fulfillment of workers' normative rights. Like one of the cases of PT. Hollit International, who in the first instance verdict of the panel of judges rejected the claim of all workers' rights, but at the cassation level, the panel of judges overturned the first instance because the Industrial Relations Court at the Central Jakarta District Court had incorrectly applied the law. This research uses qualitative research that is the type of data and analysis that is used is narrative, in the form of statements that use reasoning. By using a normative juridical approach, referring to the application of the law contained in a decision and the law which is conceptualized as a norm or norm that applies in society. The results of the research show that the court's decision on the claim of workers 'rights which is dismissed by the company is not comprehensive and is not synchronous between the Labor Law and the Decision in the Industrial Relations Court, causing legal uncertainty in the process of fulfilling workers' rights.Keywords: Rights, Labor, Mutation, Termination of Employment]]>
<![CDATA[Penggunaan Batas Wajar Aplikasi Shareit Dalam Fitur Transfer File dan File Share Zone Oleh Mahasiswa Uin Syarif Hidayatullah Jakarta ]]>
<![CDATA[Fauzi Wibowo]]>;
<![CDATA[Nahrowi Nahrowi]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.12176
<![CDATA[AbstractSHAREit is an application used to send various files such as videos, photos, songs, recordings, applications, memos and so on between one device and another. This application is widely used by the public, because sharing and sending files does not require a long time and is free of charge. But many people such as students do not know that using the SHAREit application allows users to commit copyright infringement. However, in copyright regulations there is also a fair use. This research uses empirical normative research methods. Students who use SHAREit generally admit to using SHAREit for economic reasons, are easy to use, and students are not aware of any applicable legal provisions. The conclusion in this study is the use of the SHAREit application's reasonable limit is allowed on the basis that the use is not for commercial use and does not harm the copyright owner.Keywords: Fair Use, SHAREit, Copyright]]>
<![CDATA[Persekongkolan Pelaku Usaha Dalam Kegiatan Tender Pengadaan Alat-Alat Kedokteran Rsud Abdoel Wahab Sjahranie Samarinda (studi putusan kppu perkara nomor: 24/kppu-i/2016) ]]>
<![CDATA[Novia Amelia Putri]]>;
<![CDATA[Ali Mansur]]>;
<![CDATA[Fitriyani Zein]]>
<![CDATA[ JOURNAL of LEGAL RESEARCH Vol 1, No 4 (2019) ]]>
Publisher : <![CDATA[Faculty of Sharia and Law State Islamic University Syarif Hidayatullah Jakarta ]]>
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DOI: 10.15408/jlr.v1i4.13907
<![CDATA[AbstractThis study aims to determine violations committed by business actors in the tender for procurement of medical devices carried out by Abdoel Wahab Sjahranie Hospital Samarinda and the Commission Council consideration in Case Decision Number: 24 / KPPU-I / 2016. There are allegations of unfair business competition practices by several business actors in participating in the tender. Alleged violations of Article 22 of Law Number 5 of 1999 Concerning Prohibition of Monopolistic Practices and Unfair Business Competition, because in participating in the tender package several business actors formed teams on each package with the aim of fulfilling the requirements stipulated in Presidential Regulation Number 54 of 2010 concerning Government Goods / Services Procurement as per the new rules of Presidential Regulation Number 16 of 2018. This research uses qualitative research and normative research approaches using statutory legal materials, books or research-related literature, articles in legal-related research journals, and article on the internet. The results of the study showed that business actors were indicated to commit acts that prevented other business actors from competing fraudulently by creating artificial competition when participating in tender activities in violation of Article 22 of Law Number 5 Year 1999.Keywords: Conspiracy, Tender, Procurement, Affiliation, KPPU]]>
